The Effects Of Judicially Imposed Restriction Of Settlements To Compensatory Damages

摘要: Courts have traditionally limited judicially approved settlements to compensatory or single damages even in class actions based Federal civil antitrust law where trebling of is mandatory upon a finding liability. This paper analyzes the effects such settlement caps for both and multiple defendants shows caps: (1) reduce (2) introduce additional conflicts interest between plaintiff defendant defendants. The multi-defendant analysis done whose outcomes are perfectly correlated independent. In second part, provides an empirical Auction Houses case showing limitation actual practice demonstrate how model might be used by decision makers assess fairness