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.

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