Tag Archives: Damages

Has the Third Circuit Just Scrambled ‘Umbrella Damages’?

By Danyll Foix on February 6, 2018 Posted in Agriculture, Antitrust Litigation

A recent decision by the Third Circuit permits plaintiffs to pursue antitrust damages for egg products supplied by non-conspiring parties. This decision could represent a crack in the “umbrella damages” rule that precludes plaintiffs from seeking damages for transactions with parties that are not part of an alleged antitrust conspiracy. Umbrella damages often come up … Continue Reading

Oregon Federal Court Weighs In on Disputed Umbrella Theory of Damages

By Danyll Foix on March 31, 2015 Posted in Antitrust Litigation

An Oregon federal court recently relied on the so-called umbrella theory of damages to decide that the plaintiffs had an antitrust injury necessary to pursue an injunction. While this decision has garnered attention for enjoining the defendants from completing an acquisition, it also is noteworthy for its reliance on the disputed umbrella theory of damages. … Continue Reading