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2016•Unpublished venueRequires access

DAMAGES IN HORIZONTAL PRICE FIXING CASES

Richard F. Adams, George M. Bocxt

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Abstract

A plaintiff seeking to recover damages under section 4 of the Clayton Act1 must show (a) a violation of the antitrust laws, (b) injury to his business or property caused thereby, and (c) the amount of damages suffered. This paper focuses on proof of the amount of damages suffered in horizontal price fixing cases in which individual plaintiffs assert a claim of violation of section 1 of the Sherman Act by two or more co-conspirators. It does not address special problems that may exist in suits brought by multiple plaintiffs, such as a suit brought on behalf of a class of plaintiffs under Rule 23 of the Federal Rules of Civil Procedure.2

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What this paper is about

A plaintiff seeking to recover damages under section 4 of the Clayton Act1 must show (a) a violation of the antitrust laws, (b) injury to his business or property caused thereby, and (c) the amount of damages suffered. This paper focuses on proof of the amount of damages suffered in horizontal price fixing cases in which individual plaintiffs assert a claim of violation of section 1 of the Sherman Act by two or more co-conspirators. It does not address special problems that may exist in suits brought by multiple plaintiffs, such as a suit brought on behalf of a class of plaintiffs under Rule 23 of the Federal Rules of Civil Procedure.2

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Available abstract

A plaintiff seeking to recover damages under section 4 of the Clayton Act1 must show (a) a violation of the antitrust laws, (b) injury to his business or property caused thereby, and (c) the amount of damages suffered. This paper focuses on proof of the amount of damages suffered in horizontal price fixing cases in which individual plaintiffs assert a claim of violation of section 1 of the Sherman Act by two or more co-conspirators. It does not address special problems that may exist in suits brought by multiple plaintiffs, such as a suit brought on behalf of a class of plaintiffs under Rule 23 of the Federal Rules of Civil Procedure.2

Key concepts: Plaintiff, Damages, Law, Breach of contract, Federal Rules of Civil Procedure, Property (philosophy), Business, Law and economics

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