Monday-Morning Quarterbacking And Antitrust Damages

Law360, New York (January 10, 2014, 12:56 PM EST) -- ​On Nov. 30, Auburn University beat the University of Alabama in a college football game. The game had no effect on the U.S. Department of Justices's merger guidelines, changed nothing about class certification standards post-Dukes v. WalMart, and taught us nothing (alas) about the proper standard for evaluating reverse payment settlements. It did, however, propel Auburn into Monday's national championship game. More importantly for our purposes, the post-game chatter provides a fascinating window into the challenges facing economists and lawyers trying to determine the effects of allegedly anti-competitive behavior. Because, whether evaluating Nick Saban's[1] coaching decisions or the effects of a cartel, the question is the same: What would have happened if different decisions were made by competitors?...

Law360 is on it, so you are, too.

A Law360 subscription puts you at the center of fast-moving legal issues, trends and developments so you can act with speed and confidence. Over 200 articles are published daily across more than 60 topics, industries, practice areas and jurisdictions.


A Law360 subscription includes features such as

  • Daily newsletters
  • Expert analysis
  • Mobile app
  • Advanced search
  • Judge information
  • Real-time alerts
  • 450K+ searchable archived articles

And more!

Experience Law360 today with a free 7-day trial.

Start Free Trial

Already a subscriber? Click here to login

Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!