Distinguishing the Illegal from the Legal in Antitrust Damages Calculations: Lessons from Netscape v. MicrosoftJournal of Forensic Economics (2004)
AbstractAppropriately calculating antitrust damages often entails separating out the effects of anticompetitive acts on a plaintiff from the effects of legal acts on that plaintiff. The recent antitrust case of Netscape Communications v. Microsoft Corporation provides a good context with which to evaluate potential methods for disaggregating the effects of illegal acts from legal acts and accurately measuring damages. Employing an event study methodology and the facts of Netscape v. Microsoft, I demonstrate that appropriate damages methodologies based on stock price data require information that will often be unavailable. Several other disaggregation methodologies are potentially available and I demonstrate their application.
Publication DateSpring June, 2004
Citation InformationJonathan T. Tomlin. "Distinguishing the Illegal from the Legal in Antitrust Damages Calculations: Lessons from Netscape v. Microsoft" Journal of Forensic Economics Vol. XVII Iss. 2 (2004)
Available at: http://works.bepress.com/jonathan_tomlin/3/