What is a treble damages claim in an antitrust case?
Treble damages is a term used in antitrust law cases, which means three times the amount of damages due to a harm or wrong done. In Nebraska, treble damages are awarded to the plaintiff in cases involving monopolization, price-fixing, customer allocation, tying, bid rigging, deceptive practices and other antitrust offenses. Treble damages are awarded when the court finds that the defendant’s anti-competitive behavior was intentional and had the purpose of gaining an unfair advantage over its competitors. By awarding treble damages, the court’s intent is to compensate the victim of the anticompetitive behavior for their losses as well as punish and deter the wrongdoer from violating the antitrust laws. This type of penalty is usually only imposed in cases involving purposeful violations of the law, as it carries with it a much harsher punishment than simply compensating the victim for their losses. Treble damages are calculated by multiplying the amount of actual damage to the plaintiff by three. This calculation is based on the theory that the defendant should pay three times the amount of damages due to the intentional and wrongful nature of their actions. The court has the discretion to award treble damages if it deems it necessary, and it is up to the plaintiff to prove that the defendant’s actions warrant treble damages.
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