An EC Green Paper in 2005 asked for comments on an array of possible reform measures aimed at encouraging private antitrust damage actions in the national courts of the EC’s member states. One of the questions the Green Paper raised was “how should damages be defined?” Should they be...

Aspen Skiing v. Aspen Highlands Skiing has had theoretical importance for antitrust law far out of proportion to the trivial dispute it resolved. It has divided adherents of the Chicago and Post-Chicago Schools, providing a useful vehicle for considering the proper goals of antitrust. And it has...

This article, published in 1995, describes antitrust law’s framework for proving individual harm as the basis for an award of treble damages. Antitrust damages are based on a standard of net individual harm, adapted (by the antitrust injury and Illinois Brick doctrines) to conform to a larger...