Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Series

Litigation

Boston University School of Law

Competitition-blocking litigation

Articles 1 - 1 of 1

Full-Text Articles in Law

Injunctive And Reverse Settlements In Competition-Blocking Litigation, Keith Hylton, Sungjoon Cho Aug 2011

Injunctive And Reverse Settlements In Competition-Blocking Litigation, Keith Hylton, Sungjoon Cho

Faculty Scholarship

We distinguish standard settlements, in which the status quo is preserved, and injunctive settlements, which prohibit the defendant’s activity. The reverse settlement is a special type of injunctive settlement. We examine the divergence between private and social incentives to settle and policies that would minimize socially undesirable injunctive and reverse settlements (e.g., banning reverse settlements). The results are applied to competition-blocking litigation, such as patent infringement and antidumping.