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The Act authorizes the Department of Justice to bring suits to enjoin (i.e. prohibit) conduct violating the Act, and additionally authorizes private parties injured by conduct violating the Act to bring suits for treble damages (i.e. three times as much money in damages as the violation cost them). Over time, the federal courts have developed a ...
In United States law, treble damages is a term that indicates that a statute permits a court to triple the amount of the actual/compensatory damages to be awarded to a prevailing plaintiff. Treble damages are usually a multiple of, rather than an addition to, actual damages, but on occasion they are additive, as in California Civil Code § 1719.
In 1982 the U.S. Supreme Court held that American Society of Mechanical Engineers (a nonprofit association) was responsible for treble damages under the Sherman Act.In 1971 the engineering firm of McDonnell and Miller requested an interpretation of the ASME Boiler and Pressure Vessel Code from the ASME Boiler and Pressure Vessel Codes Committee.
Bigelow v. RKO Radio Pictures, Inc., 327 U.S. 251 (1946) treble damages awarded under the Clayton Act §4 needed not to be mathematically precise, but based on a reasonable estimate of loss, and not speculative. This meant a jury could set a higher estimate of how much movie theaters lost, when the film distributors conspired with other ...
Civil conspiracy law often takes the form of antitrust lawsuits, usually litigated in federal court, where, for example, a plaintiff may seek treble damages for overpayments caused by price-fixing above a market rate. The federal Sherman Antitrust Act provides both civil and criminal penalties.
The court Court of Appeals ruled against the defendants, finding that that treble-damages for persons injured by antitrust violations was first provided in section 7 of the Sherman Act, and was re-enacted without substantial change in 1914 in section 4 of the Clayton Act. [2]
Apple allegedly violated the Sherman Antitrust Act by employing "a series of shapeshifting rules and restrictions in its App Store guidelines and developer agreements that would allow Apple to ...
The court affirmed a jury verdict that awarded the ISOs $72 million in treble damages on section 2 of the Sherman Act. It also allowed a 10-year injunction that requiring Kodak to sell the parts for its machines at reasonable, non-monopoly and nondiscriminatory prices.