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Five Myths About Antitrust Damages, Robert H. Lande
Five Myths About Antitrust Damages, Robert H. Lande
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This article examines five common beliefs about antitrust damages and shows they all are untrue.
Myth #1. Antitrust violations give rise to treble damages.
Myth #2. There is "duplication" of antitrust damages because many defendants pay six-fold or more damages.
Myth #3. Courts should go easy on defendants when formulating liability rules or calculating overcharges because the awarded damages from a finding of an antitrust violation are so severe.
Myth #4. The size of the harms caused by antitrust violations, even by such "hardcore" violations as naked cartels, is relatively modest, and criminal penalties resulting from violations are out of …