Section 4 mandates trebling without discretion, distinguishing it from punitive damages requiring a culpability finding. Joint and several liability applies among conspirators without contribution rights.
ACPERA limits leniency applicants to single damages.
Alternative Names:
Antitrust Treble Damages|Threefold Damages
Why it Matters?
The absence of contribution among conspirators means a settling defendant cannot recover from co-conspirators and a non-settling defendant faces the full remaining exposure, which creates severe pressure to settle early rather than last. Settlement allocation and judgment reduction methods vary by jurisdiction and materially affect that dynamic. ACPERA's single damages benefit for leniency applicants compounds the first-mover advantage.
Frequently Confused with
Related terms
Frequently asked questions
Why is early settlement pressure severe?
How does trebling differ from punitive damages?
