Antitrust 1 Prof. E. Fox Fall 2004 1 I. Introduction to Antitrust Law 4 a. General Background 4

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Private Actions

  • Judgment for the gov’t is prima facie evidence of violation in a private suit against the same Δ

  • Class actions – all Δs are jointly and severally liable for treble damages
        1. Damages

  • Successful πs get treble damages = 3 times their losses + attorney’s fees

  • π can also get injunctive relief (π must be threatened w/an antitrust injury)

  • Overcharged buyer can recover entire artificial price increase charged by seller/Δ; seller/Δ is not relieved of liability if buyer/π passed on the overcharge to downstream purchasers

  • Illinois Brick Rule – indirect purchasers harmed by a price-fix cannot assert that the direct purchaser passed on the overcharge to them (cases brought by indirect purchasers are normally dismissed for lack of recoverable damages)

  • Exception – indirect purchaser and party to an arrangement that d/n present the complex problems of tracing may be allowed to prove passed-on overcharges (narrowly construed)

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