yardstick theory

yardstick theory. Antitrust. A method of determining damages for lost profits (and sometimes overcharges) whereby a corporate plaintiff identifies a company similar to the plaintiff but without the impact of the antitrust violation. Cf. BEFORE-AND-AFTER THEORY; MARKET-SHARE THEORY.

“To the extent that either the markets or firms being compared are dissimilar, the yardstick theory will not produce a trustworthy estimate of what the plaintiff would have earned but for the defendant’s conduct. The method therefore works best in markets that are both local and relatively homogeneous.” Herbert Hovenkamp, Economics and Federal Antitrust Law § 16.7, at 454 (1985).

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译者Peter，毕业于亚洲顶尖的高级翻译学院，擅长翻译各种与复杂金融产品相关的法律文件。