Antitrust Implications of Private Settlements

Abstract:     
Settlements frequently involve an agreement to stop or to engage in particular business practices. As a result, they may have a significant effect on competition in the market; indeed, they may sometimes reduce competition. The Sherman Act, of course, restricts anticompetitive practices. I use three recent, high profile examples to illustrate how settlement agreements can violate the Sherman Act. These cases should alert lawyers that settlement agreements, particularly those between competitors, have been receiving more attention both in the United States and abroad from antitrust regulators, courts, and the antitrust community.

Number of Pages in PDF File: 6

Keywords: Antitrust, Settlements

working papers series