PrivateenforcementofAnti-monopolyis a process in which people are affectedby the illegalmonopolyaction and perform Anti-monopoly by theway of filing a civillawsuit.
In 2008, the SEC brought the underlying civilenforcementaction against Alpert and Gabelli that alleged that from 1999 until 2002 Alpert and Gabelli allowed one GGGF investor Headstart Advisers, Ltd.
On appeal, the United States Supreme Court noted that it had never applied the Discovery Rule in a matter where the plaintiff is the government bringing an enforcementaction for civil penalties, in contradistinction to a defrauded victim seeking recompense.
For example, under federal securities laws, there are statutes and rules permitting SEC administrative and civilenforcement actions and private causes of action which do not impose a requirement to plead or prove scienter.