Antitrust & Trade Reg.
Apr. 6, 2012
Something's got to give: overlapping antitrust laws create redundant claims
Overlapping state and federal antitrust laws allow claims to grow exponentially with the number of links in the supply chain. By Jake Sorensen and Lindsay Lutz of Pillsbury Winthrop Shaw Pittman LLP
It is widely accepted that price-fixing should be punished and those who are harmed by it should be able to recover their damages. To that end, the Sherman Act allows a successful plaintiff in a price-fixing case to recover treble damages - three times the damages it actually suffered - as well as attorneys' fees and costs. This arguably provides a windfall to the plaintiff, but it serves a punitive and deterrent purpo...
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