Proving Antitrust Damages

Title: "Proving Antitrust Damages: Legal and Economic Issues, Third Edition"

Overview: "Proving Antitrust Damages: Legal and Economic Issues, Third Edition" is a comprehensive guide written by the American Bar Association's Section of Antitrust Law. The book serves as an accessible introduction to the legal and economic concepts of antitrust damages, making it suitable for both new and experienced practitioners in the field.

Key Themes

1. Legal Requirements for Antitrust Damages:

   • The book covers the legal requirements that a plaintiff must satisfy to establish a right to recover damages in an antitrust private action. Chapters 1-4 delve into these legal prerequisites, providing a foundational understanding for counsel.

2. Economic Concepts in Calculating Damages:

   • Chapters 5 and 6 focus on the economic principles underlying the measurement of damages. These chapters are written by economists and provide a deeper understanding of the relevant economic issues, making the content accessible to those without formal economic training.

3. Estimating Damages:

   • Chapters 7-9 discuss commonly arising issues associated with estimating damages, including overcharges, lost profits, and price discrimination under various antitrust laws such as the Sherman Act and the Robinson-Patman Act.

Plot Summary

The book is organized into three parts:

1. Legal Requirements:

   • Chapters 1-4 guide counsel through the legal requirements necessary to establish a right to recover damages in an antitrust private action.

2. Economic Concepts:

   • Chapters 5 and 6 identify the economic concepts used in calculating damages and describe the econometric analyses that differentiate the effects of anticompetitive conduct from other influences.

3. Estimating Damages:

   • Chapters 7-9 discuss the estimation of damages related to overcharges, lost profits, and price discrimination under different antitrust laws.

Critical Reception

While specific reviews are not provided in the sources, the book is described as an authoritative and comprehensive resource on the subject of antitrust damages. It is praised for its accessibility, making it useful for both new and experienced antitrust practitioners.

Additional Insights

• Flexibility in Proving Damages: The book touches on the flexible standards of proof required in proving antitrust damages, particularly under the Robinson-Patman Act. It discusses primary and secondary line damages, including how damages may be measured by lost profits from reduced prices, increased costs, or other factors.

• International Perspectives: Chapter 11 of the book explores how antitrust damages are proven in jurisdictions outside the United States, including the European Union.

In summary, "Proving Antitrust Damages: Legal and Economic Issues, Third Edition" is a comprehensive guide that provides a detailed understanding of the legal and economic concepts involved in proving antitrust damages. It is a valuable resource for both new and experienced practitioners in the field of antitrust law.