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Antitrust Damages For Consumer Welfare Loss, David C. Hjelmfelt, Channing D. Strother Jr.
Antitrust Damages For Consumer Welfare Loss, David C. Hjelmfelt, Channing D. Strother Jr.
Cleveland State Law Review
Section 4 of the Clayton Act provides that any person who is injured in his business or property by reason of anything forbidden in the antitrust laws "shall recover threefold the damages by him sustained." The current private enforcement model usually permits plaintiffs to recover damages based upon the excessive prices charged to consumers. However, economists see the real loss to society from an antitrust violation to be the consumer welfare loss which results from reduced output. The authors have been unable to locate any antitrust case which has permitted recovery of damages for this consumer welfare loss. Therefore, this …