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Damages

About: Damages is a research topic. Over the lifetime, 9365 publications have been published within this topic receiving 89750 citations. The topic is also known as: compensation award.


Papers
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Journal ArticleDOI
TL;DR: A securities violation may affect thousands of investors, and each may seek to recover the difference between the price paid for the stock and its current value, and the claims quickly mount up as discussed by the authors.
Abstract: Securities cases commonly entail claims for millions of dollars in damages. A securities violation may affect thousands of investors, and each may seek to recover the difference between the price paid for the stock and its current value. Because securities litigation typically accompanies some catastrophe in the fortunes of the firm, the claims quickly mount up. Although securities cases are a staple of modern litigation, there are no accepted rules for the computation of damages. The principal statutes contain a number of different articulations, ranging from rescission to "profits" to unspecified "damages."' The cases contain a melange of rules. Some courts emphasize the plaintiff's out-of-pocket loss; some emphasize the defendant's profits; some award rescission and some restitution; all too often a court will give up and announce that the district court has discretion to

26 citations

Book
29 Apr 2012
TL;DR: The Plausibility of Twombly: Proving Horizontal Agreements After TWombly Alvin K. Klevorick and Issa B. Kohler-Hausmann as mentioned in this paper.
Abstract: Contents: 1. Introduction and Overview to Current Issues in Antitrust Economics Einer Elhauge PART I: MERGERS AND MARKET DEFINITION 2. Research Topics in Unilateral Effects Analysis Jon Baker and David Reitman 3. Lightening Up on Market Definition David Evans 4. Mergers that Eliminate Potential Competition John Kwoka PART II: AGREEMENTS AND UNILATERAL CONDUCT 5. Tying, Bundling, and Loyalty/Requirement Rebates Nicholas Economides 6. Predatory Pricing Aaron Edlin 7. Assessing Resale Price Maintenance After Leegin Ben Klein 8. The Plausibility of Twombly: Proving Horizontal Agreements After Twombly Alvin K. Klevorick and Issa B. Kohler-Hausmann 9. Monopsony, Monopsony Power, and Antitrust Policy Roger Blair and Jessica Haynes PART III: ANTITRUST ENFORCEMENT 10. Issues in Antitrust Enforcement Abraham Wickelgren 11. Antitrust Law In Global Markets Anu Bradford 12. Antitrust and Regulation Howard Shelanski 13. The Intersection of Patent and Antitrust Law Chris Sprigman 14. Antitrust Damages Dan Rubinfeld

25 citations

Journal ArticleDOI
TL;DR: In this article, the accumulation of the dollar amount of the damages from the date of harm to the payment date is considered, and the deferral of consumption and the resolution of uncertainty which occur during that interval are considered.
Abstract: THE analysis presented here concentrates on one aspect of the problem of computing damage compensation: the accumulation of the dollar amount of the damages from the date of harm to the payment date. In attempting to compensate the plaintiff for the passage of time between damage and settlement, we must consider both the deferral of consumption and the resolution of uncertainty which occur during that interval. The bearing of risk and the market values of various risky claims figure prominently in the calculation of the proper interest rate. Uncertainty plays a key role in the analysis. In particular, three critical questions can be raised: (1) Will the defendant have sufficient funds to pay the accumulated amages when the suit is finally settled? (2) If the damage consisted of deprivation of a business opportunity, what was the ex ante probability distribution of outcomes, and which particular outcome oc-

25 citations

BookDOI
01 Jan 2009
TL;DR: In this paper, the authors present reports from selected jurisdictions that explicitly allow the award of punitive damages, in particular, England, South Africa and the United States, in which they focus on the insurability of such damages.
Abstract: The book contains reports from selected jurisdictions that explicitly allow the award of punitive damages, in particular, England, South Africa and the United States. Several jurisdictions vehemently deny the existence of punitive damages yet some covertly incorporate the same into the framework of their tort systems. Thus, the position in France, Germany, Italy, Spain, Hungary, Scandinavia as well as that under EC Law is considered. The book also benefits from two general reports: the first offers an economic analysis of punitive damages and the second focuses on the insurability of such damages. It is concluded by an analysis of punitive damages: their nature, goals and suitability in the field of tort law and private law in general.

25 citations

Journal ArticleDOI
TL;DR: In this paper, the authors argue that the FTC's Proposal may encourage potential licensees to adopt the very holdout strategies the FTC purports to address and that well-organized SSOs routinely counteract today.
Abstract: In its recent report entitled, “The Evolving IP Marketplace,” the Federal Trade Commission (FTC) proposes a far-reaching regulatory approach (Proposal) that is likely to interfere with the intellectual property (IP) marketplace, decreasing both the innovation and commercialization of new technologies. The FTC Proposal relies on non-standard and misguided definitions of economic terms of art such as “ex ante” and “hold-up,” and advocates new inefficient rules for calculating damages for patent infringement. The Proposal would so reduce the costs of infringement that the rate of infringement would increase as potential infringers find it in their interest to abandon the voluntary market in favor of judicial pricing. As the number of nonmarket transactions increases, courts will play an ever larger role in deciding the terms on which the patented technologies of one party may be used by another party. That will do more than reduce the incentives for innovation; it will upset the current set of well-functioning private coordination activities in the IP marketplace that are needed to accomplish the commercialization of new technologies. And that would seriously undermine capital formation, job growth, competition, and the consumer welfare the FTC seeks to promote. Like the FTC Proposal, we focus here within the context of standard-setting organizations (SSOs), whose activities are key to bringing standardized technologies to market. If the FTC's proposed definitions of “reasonable royalties” and “incremental damages” become the rules for calculating patent damages the FTC and private actors will be well poised to attack, after the fact, all standard pricing methods through some combination of antitrust litigation or direct regulation on the ground that even time-honored voluntary royalty arrangements result from some purportedly undue power of IP. The FTC's Proposal may encourage potential licensees to adopt the very holdout strategies the FTC purports to address and that well-organized SSOs routinely counteract today. The FTC's proposal for regulating IP by limiting the freedom of SSOs to set their own terms would thereby replace private coordination with government hold-up. We conclude that the FTC should abandon its Proposal and support the current set of licensing tools that have fueled effective innovation and dissemination in the IP marketplace. FTC forbearance will improve bargaining incentives, reduce administrative costs, and remove unnecessary elements of legal uncertainty in the IP system, thereby advancing consumer welfare.

25 citations


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Performance
Metrics
No. of papers in the topic in previous years
YearPapers
20242
2023929
20221,943
2021234
2020340
2019324