before and after theory

before-and-after theory. Antitrust. A method of determining damages for lost profits (and sometimes overcharges), whereby the plaintiff’s profits are examined before, during, and after the violation to estimate the reduction in profits due to the defendant’s violation.

— Also termed before-and-after method. Cf. YARDSTICK THEORY; MARKET-SHARE THEORY.

“In its simplest form, the [before-and-after] theory looks at the plaintiff’s net profits before and after the injury period, discounts all dollars to their present value, and gives the plaintiff a sum that, before trebling, will bring its earnings during the injury period up to the same average level as its earnings during the noninjury periods.” Herbert Hovenkamp, Economics and Federal Antitrust Law § 16.7, at 450 (1985).

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词条贡献者

双语律师Matthew，国际知名法学院法律专业，擅长翻译各类与商业秘密起诉与调查相关的法律文件。