Injunctive and reverse settlements in competition-blocking litigation

Keith Hylton () and Sungjoon Cho

European Journal of Law and Economics, 2013, vol. 36, issue 2, 243-269

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. Copyright Springer Science+Business Media, LLC 2013

Keywords: Litigation; Reverse payment settlements; Injunctive settlements; Patent infringement litigation; Waiver agreements; Antidumping; F13; K21; K33; K41; L43; O31 (search for similar items in EconPapers)
Date: 2013
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DOI: 10.1007/s10657-011-9279-y

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