Thursday, October 17, 2019
Ch 41 dis Essay Example | Topics and Well Written Essays - 250 words
Ch 41 dis - Essay Example ence liable for payment of USD 473, 790.18 towards response costs out of the total response costs amounted to USD 1,302,290.18 (Antitrust Division 2003). The share of response payment cost towards Alcan was only 5% of the defendant pool. Furthermore, it seems that Alcans share of liability is distributed on a contributory basis (Antitrust Division 2003). The court further observed that determination of harm is indivisible and it will not frustrate the right of a defendant to seek fair share of response cost from other defendants, as the contribution proceeds is on equitable footing. The court permitted to allocate response cost amongst the responsible where the court has no discretion to determine division of response cost (Antitrust Division 2003). Antitrust Division. United States v. Alcan Inc., Alcan Aluminum Corp., Pechiney, S.A., and Pechiney Rolled Products, LLC; Complaint, Proposed Final Judgment and Competitive Impact Statement. Federal Registrar, 2003. Accessed 7 July 2012.
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