contracts

A clawback is the recovery of previously authorized funds.

The Clayton Antitrust Act of 1914, codified at 15 U.S.C. 12-27, is one of the primary pieces of antitrust legislation in the United States. This act was designed to bolster the Sherman Antitrust Act and outlaws the following conduct:

A cognovit, a type of confession of judgment, refers to an acknowledgment or confession made by a defendant that the plaintiff’s cause is legitimate. It permits judgment to be entered without a trial for the purpose of saving costs.

A collection agency is any person or company, often hired by creditors, to collect or attempt to collect debts due or asserted to be due to another person or entity. 

Collusive bidding refers to an agreement among two or more competitors to change the bids they otherwise would have offered absent the agreement. Where collusive bidding is well established, prices can rise substantially, in some cases by as much as several hundred percent.

A collusive suit (also referred to as a friendly suit) is a lawsuit where the parties are not actually in disagreement but are cooperating to steer the court towards some agreed-upon conclusion. As seen in United States v. Johnson, collusive suits are not allowed in federal court because they are not adversarial.

Color, in a legal sense, refers to the appearance of a thing, as distinguished from the thing itself.

A colorable transaction is a transaction that appears bona fide legitimate, but upon further inspection reveals itself as fraudulent or otherwise invalid. Because the term is often used in hindsight when the transaction proves invalid, a colorable transaction often functions as a synonym for sham transaction. 

Commerce power refers to Congress’s power to regulate the channels and instrumentalities of interstate commerce. 

• constitutional law

Commercial frustration, also called frustration of purpose, is an excuse for nonperformance of a contract when an unforeseeable event destroys the agreement’s principal purpose.