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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 …
Antitrust Standing And The Rule Against Resale Price Maintenance, Donald J. Polden
Antitrust Standing And The Rule Against Resale Price Maintenance, Donald J. Polden
Cleveland State Law Review
This Article examines the textual and prudential foundations of the antitrust standing and antitrust injury doctrines. This examination is conducted through a textual analysis of section 4 of the Clayton Act, which provides a private right of action for persons injured by violations of the antitrust laws, and a developmental review of the principal Supreme Court cases articulating and applying those doctrines. This examination concludes that the Court has crafted antitrust standing and injury doctrines which in part either contradict the textual requirements of section 4 or which are not rooted in any perceptible notion of legitimate statutory objectives. The …