Disaggregation of antitrust damages

Article Abstract:

Many courts have given antitrust plaintiffs broad latitude in proving damages, but some courts, such as the US District Court for the Central District of California, ruling in Litton Systems v. Honeywell, Inc., have required the disaggregation of damages. In disaggregating damages, plaintiffs must show the specific harms that occurred as a result of the specific anticompetitive acts being proven. In Litton, the court has ordered a partial new trial on damages issues, but courts may also dismiss claims altogether or award nominal damages when damages are not disaggregated.

Testimony, Damages, Damages (Law)

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How manufacturers deal with the price-cutting retailer: when are vertical restraints efficient?

Article Abstract:

Antitrust law enforcement agencies must consider the potential consumer welfare benefits of enforcement before pursuing manufacturers placing vertical restraints on retailers in response to price-cutting retailers. Economic analysis of both the manufacturer/retailer and retailer/consumer markets reveals that antitrust intervention may not be appropriate when vertical restraints are adopted by weak brands. Only strong brands have the potential to harm the competitive positions od competitors through the use of vertical restraints.

Laws, regulations and rules, Price cutting, Resale price maintenance, Price maintenance

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Innovation incentives, compatibility, and expropriation as an antitrust remedy: the legacy of the Borland/Ashton-Tate consent decree

Article Abstract:

The authors discuss and evaluate antitrust law remedies by focusing on the consent decree which followed the 1991 merger of Borland International, Inc. and Ashton-Tate Corp. Protection of intellectual property was a central issue in the case.

United States, Case studies, Evaluation, Intellectual property, Protection and preservation, Remedies (Law), Consent decrees

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