What is a treble damages claim in an antitrust case?
A treble damages claim is a type of monetary relief that a court can award to an individual or business in an antitrust case. This type of damages claim is based on the concept of treble damages, which means multiplying the amount of actual damages by three. Treble damages are used to punish the wrongdoer and discourage those from engaging in similar illegal activities in the future. In Delaware, treble damages claims are provided by statutory law under Delaware Code Annotated, Title 6, Section 2551. Under this statute, when a lawsuit is brought for antitrust violations, the court may award the plaintiff treble damages of their actual damages, including attorney fees and other costs of the suit. The purpose of treble damages is to encourage businesses to compete fairly and obey the law. Treble damages are not awarded in every antitrust case, and the court considers various factors before awarding such damages. The plaintiff must typically prove that the defendant acted intentionally and with specific intent to harm or damage the plaintiff, and the defendant must have had knowledge of the antitrust law that they violated. The availability of treble damages claims in antitrust cases can provide a powerful incentive to discourage businesses from engaging in anticompetitive activities. In Delaware, treble damages claims not only help to discourage illegal activities, but can also help to recoup the cost of litigation for antitrust violations.
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