Abstract

Since the passage of the Sherman Act' in 1890, private parties have had the right to seek monetary compensation for injuries to business or property resulting from antitrust violations.2 By allowing plaintiffs to treble their damage awards, Congress sought to provide the private sector with the incentive to function as a self-policing system3-the conventional assumption being that the plaintiff's sole objective in a treble damage action would be to extract monetary compensation from the defendant.

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