Injunctive and Reverse Settlements in Competition-Blocking Litigation

Authors

Keith N. Hylton, Boston University School of LawFollow
Sungjoon Cho, Chicago-Kent College of Law

Author granted license

Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International

Document Type

Article

Publication Date

10-2013

ISSN

0929-1261

Publisher

Springer Nature B.V.

Language

en-US

Abstract

We distinguish standard settlements, in which the status quo is preserved, and injunctive settlements, which prohibit the defendant's activity. The reverse (payment) settlement is a special type of injunctive settlement. We examine the divergence between private and social incentives to settle and policies that would minimize socially undesirable injunctive and reverse settlements (e.g., banning reverse settlements). The results are applied to competition-blocking litigation, such as patent infringement and antidumping.

Comments

Published as: "Injunctive and Reverse Settlements in Competition-Blocking Litigation," 36 European Journal of Law and Economics 243 (2013).

Updated with published version of paper on 9/21/22

Working paper available on SSRN

Recommended Citation

Keith N. Hylton & Sungjoon Cho, Injunctive and Reverse Settlements in Competition-Blocking Litigation , 36 European Journal of Law and Economics 243 (2013).
Available at: https://scholarship.law.bu.edu/faculty_scholarship/378