Proving Antitrust Damages: Legal and Economic Issues
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To serve more experienced antitrust practitioners, the third edition has been completely updated to capture the most important developments in this area and represents the most authoritative and comprehensive resource on the subject of antitrust damages.
The third edition also features expanded economic content that address the economic principles underlying the measurement of damages. Written by economists, this content provides counsel with a deeper understanding of the relevant economic issues in a way accessible to those without formal economic training.
Proving Antitrust Damages is organized into three parts:
Chapters 1-4 guide counsel through the legal requirements that a plaintiff must satisfy in order to establish a right to recover damages in an antitrust private action;
Chapters 5 and 6 identify the economic concepts that are used in calculating damages and describe the econometric analyses that are used to differentiate the effects of anticompetitive conduct from other influences; and
Chapters 7-9 discuss commonly arising issues associated with estimating damages related to
- overcharges, which are commonly asserted by customers in price fixing cases under Section 1 of the Sherman Act, and less frequently in monopolization cases under Section 2 of the Sherman Act;
- lost profits, which are alleged by competitors generally in the context of exclusion conduct cases; and
- price discrimination under the Robinson-Patman Act.