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Injunctive and Reverse Settlements in Competition-Blocking Litigation


Keith N. Hylton


William Fairfield Warren Distinguished Professor, Boston University; Professor of Law, Boston University School of Law

Sungjoon Cho


Chicago Kent College of Law

October 16, 2009

Boston University School of Law Working Paper No. 09-47

Abstract:     
We distinguish standard settlements, in which the status quo is preserved, and injunctive settlements, which prohibit the defendant’s activity. The reverse settlement is a special type of injunctive settlement. We examine the divergence between private and social incentives to settle and policies that would minimize socially undesirable injunctive and reverse settlements (e.g., banning reverse settlements). The results are applied to competition-blocking litigation, such as patent infringement and antidumping.

Number of Pages in PDF File: 32

Keywords: standard settlements, injunctive settlements, reverse settlements, competitition-blocking litigation, patent infringement, antidumping

JEL Classification: K00, K21, K41

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Date posted: October 17, 2009 ; Last revised: August 16, 2012

Suggested Citation

Hylton, Keith N. and Cho, Sungjoon, Injunctive and Reverse Settlements in Competition-Blocking Litigation (October 16, 2009). Boston University School of Law Working Paper No. 09-47. Available at SSRN: http://ssrn.com/abstract=1490013 or http://dx.doi.org/10.2139/ssrn.1490013

Contact Information

Keith N. Hylton (Contact Author)
William Fairfield Warren Distinguished Professor, Boston University ( email )
595 Commonwealth Avenue
Boston, MA 02215
United States
617-353-8959 (Phone)
Professor of Law, Boston University School of Law ( email )
765 Commonwealth Avenue
Boston, MA 02215
United States
617-353-8959 (Phone)
617-353-3077 (Fax)
Sungjoon Cho
Chicago Kent College of Law ( email )
565 W. Adams St.
Chicago, IL 60661-3691
United States

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