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ARTICLE · 28 MARCH 2024

Unpacking Antitrust: How Do I Estimate Damages For A B2B Antitrust Violation?

Whether you have an offensive antitrust claim to assert against another business, or an antitrust claim is being asserted against your business...

United StatesAntitrust/Competition Law

Whether you have an offensive antitrust claim to assert against another business, or an antitrust claim is being asserted against your business, it can be helpful to put at least a ballpark dollar figure on the potential damages at stake.

For example, let's say you have an antitrust claim to assert against your competitor, but you're not sure it's worth it. There will be costs associated with asserting the claim—time and money—that should be weighed against your potential recovery. Is the claim large enough to call a lawyer and pay her fees? Would I really file a lawsuit? Many businesses view litigations and pre-litigation negotiations as investments, asking "should I make this investment given the size of the potential reward and the likelihood of achieving it?".

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