Results 151 to 160 of about 278 (206)
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1979
The law of judicial remedies deals with the nature and scope of relief afforded a plaintiff following appropriate court procedures and after establishment of a substantive right. These remedies usually fall in one of four categories: (1) damages, (2) restitution, (3) coercion and (4) declaration. This presentation will deal principally with the damages
Dahl, Dale C., Dahl, Dale C.
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The law of judicial remedies deals with the nature and scope of relief afforded a plaintiff following appropriate court procedures and after establishment of a substantive right. These remedies usually fall in one of four categories: (1) damages, (2) restitution, (3) coercion and (4) declaration. This presentation will deal principally with the damages
Dahl, Dale C., Dahl, Dale C.
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The Journal of Law and Economics, 1985
FROM 1890 until 1972 it was easy for courts to compute damages in antitrust cases. Once the plaintiff showed the "fact" of injury, the court would indulge all reasonable inferences in that party's favor when computing the "quantum" of injury. All loss proximately caused by the violation would be found, trebled, and awarded to the plaintiff, with ...
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FROM 1890 until 1972 it was easy for courts to compute damages in antitrust cases. Once the plaintiff showed the "fact" of injury, the court would indulge all reasonable inferences in that party's favor when computing the "quantum" of injury. All loss proximately caused by the violation would be found, trebled, and awarded to the plaintiff, with ...
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The University of Queensland Law Journal, 2020
The adoption of Directive 2014/104/EU on actions for damages for infringements of the competition rules has marked the beginning of a new era in the field of the private enforcement of the EU competition rules. The arduous legislative journey leading to the adoption of the Directive, the specific aspects pertaining to the exercise of damages actions ...
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The adoption of Directive 2014/104/EU on actions for damages for infringements of the competition rules has marked the beginning of a new era in the field of the private enforcement of the EU competition rules. The arduous legislative journey leading to the adoption of the Directive, the specific aspects pertaining to the exercise of damages actions ...
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SSRN Electronic Journal, 1981
Antitrust law currently lacks a unified theory of liability and damages. The Supreme Court's acceptance of consumer welfare as the goal of antitrust law underscores a growing judicial inclination to construe antitrust liability rules to encourage efficient production and efficient resource allocation.
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Antitrust law currently lacks a unified theory of liability and damages. The Supreme Court's acceptance of consumer welfare as the goal of antitrust law underscores a growing judicial inclination to construe antitrust liability rules to encourage efficient production and efficient resource allocation.
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Prices and quantities in health care antitrust damages [PDF]
, 2014 Antitrust analysis conventionally assumes that illegal agreements among competitors raise prices and lower quantities, relative to lawful competition. However, markets for healthcare services have tendencies towards overprovision, which may increase when competition declines.
Martha A. Starr, R. Forrest McCluer
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Economic Analysis and Antitrust Damages
World Competition, 2006This article considers several economics-related issues in the theory of damages -- especially in private antitrust cases, drawing possible lessons for Europe from US experience. It begins with an overview of different rationales for such damages and their implications.
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Incomplete antitrust laws and private actions for damages
European Journal of Law and Economics, 2009Our purpose in this paper is to identify some of the implications that derive from the incompleteness of antitrust laws. Since with regard to certain anticompetitive conduct, the law remains substantially incomplete up to the first relevant court judgment, in terms of policy it is worth concentrating on stand-alone claimants who, not relying on earlier
MARRA, Alessandro, SARRA, Alessandro
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UMBRELLA DAMAGES: TOWARD A COHERENT ANTITRUST POLICY
Contemporary Economic Policy, 2017Price‐fixing cartels usually do not involve all members of an industry. To the extent that the nonconspiring industry members set their prices under the price umbrella of the cartel, the customers of the nonconspiring firms suffer overcharges just like customers of the conspiring firms.
Roger D. Blair +1 more
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The EU Antitrust Damages Directive
2018Abstract This book provides a comprehensive review of the implementation of the Antitrust Damages Directive across a selected number of EU States. It looks at generic EU law issues, such as Member State process and methodology for implementing this EU Directive.
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Arbitrating Antitrust Damages Claims: Access to Arbitration
Journal of International Arbitration, 2018In 2015, the Court of Justice of the European Union (CJEU, Court) delivered a judgment in CDC v. Akzo Nobel finding that broadly worded jurisdiction clauses do not extend to competition-related tortious damages claims. Even though the Court did not address arbitration clauses, a spill over into the area may take place.
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