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Damages in Antitrust Cases: AEG Working Paper 2007-02

Antitrust economics and antitrust law are the subject of intense scholarly debate. However, the analysis of antitrust damages, in particular the quantitative estimation of those damages, has received much less attention. Thus, policy debates about proper deterrence under the antitrust laws, and application of antitrust laws in hotly-debated areas, often lack a firm empirical basis.

In this article, experts from Anderson Economic Group use their practical experience in industries in which antitrust issues commonly arise, and their experience in estimating commercial damages in breach-of-contract cases, to examine the issue of properly identifying and estimating antitrust injury. The paper is concluded with lessons for antitrust damages that can be applied by the courts, experts and advocates in antitrust disputes.

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