id	author	title	date	pages	extension	mime	words	sentence	flesch	summary	cache	txt
cblr-12482	Fineberg, Sam	The Propriety and Inevitability of Netting in Antitrust Class Actions	2024	44	.pdf	application/pdf	16599	782	57	No. 2] THE PROPRIETY AND INEVITABILITY OF NETTING IN ANTITRUST CLASS ACTIONS 895 of such enforcement powers by granting private parties who are able to demonstrate injury as a result of anticompetitive behavior the right to bring suit and potentially receive treble damages.2 Although the Clayton Act makes it far less likely that those engaging in conduct that harms competition will evade liability, it also raises the specter of an opposing prob- lem: that private parties will not only bring meritorious suits, but also those lacking merit so as to win substantial payouts.3 This is a particularly troublesome possibility in the context of antitrust class actions, which carry with them potential treble damages awards to an entire class of plaintiffs, thereby giving members of a certified class substantial leverage to induce the defendant to accept a settlement.4 Such statutory gamesman- ship is not new to the American legal landscape,5 and it is thus imperative that there exist sufficient guardrails to filter out frivolous lawsuits while simultaneously allowing for those with a legitimate basis to proceed. NOTE THE PROPRIETY AND INEVITABILITY OF NETTING IN ANTITRUST CLASS ACTIONS Sam Fineberg* How to define “antitrust injury” is an issue that has been the source of much debate among judges, lawyers, and academ- ics alike.	cache/cblr-12482.pdf	txt/cblr-12482.txt