Antitrust Bulletin articles from September 2006

Antitrust Bulletin archives from September 2006

Antitrust damages: theory and practice.
September 22, 2006... In the United States, antitrust enforcement is both a public and a private venture. (1) Section 4 of the Clayton Act provides a powerful economic incentive for antitrust victims--real or imagined--to aid the enforcement efforts by pursuing...

Overcharge damages for monopolization of new economy markets.(Antitrust Damages Symposium)
September 22, 2006... I. INTRODUCTION The conventional measure of damages for those who purchase a product affected by a core antitrust violation, whether horizontal price fixing or monopolization, is the overcharge. (1) Plaintiffs are entitled to treble the...

Damages for exclusionary bundled discounts.(Antitrust Damages Symposium)
September 22, 2006... I. INTRODUCTION In the last few years, there has been an explosion of cases alleging that a dominant firm's bundled discounts unlawfully excluded competitors. (1) Many of these cases seem to have been inspired by the Third Circuit's en...

Antitrust damages and deadweight loss.(Antitrust Damages Symposium)
September 22, 2006... The study of economics is now part and parcel of antitrust analysis. But despite the infusion of economics into antitrust law, some core economic truths have not wound their way into antitrust doctrine. This essay examines an important way in...

The "failure to mitigate" defense in antitrust.(Antitrust Damages Symposium)
September 22, 2006... I. INTRODUCTION Courts often state that antitrust plaintiffs have a duty to mitigate their damages. (1) But do they always? And when they do, what exactly is required? Courts have generally glossed over these questions, and scholarly...

Economics of cost pass through and damages in indirect purchaser antitrust cases.(Antitrust Damages Symposium)
September 22, 2006... I. INTRODUCTION In recent years, global price-fixing conspiracies in citric acid, lysine, vitamins, and other bulk raw materials have resulted in highly publicized criminal convictions and the payment of billions of dollars in damages to...

More can be better: contribution and setoffs in antitrust.(Antitrust Damages Symposium)
September 22, 2006... When a girl gets coy In front of a boy After three or four dances Ah, you can bet She'll play hard to get To multiply her chances. Multiplication. That's the name of the game. (1) I. INTRODUCTION ...

Coupon settlements: compensation and deterrence.(Antitrust Damages Symposium)
September 22, 2006... I. INTRODUCTION Defendants--innocent or not--have learned to fear the antitrust class action. By combining the claims of thousands, or even millions, of antitrust plaintiffs into a single suit, the class action poses a serious financial...