Boston University School of Law

Injunctive and Reverse Settlements in Competition-Blocking
Litigation


Keith N. Hylton

Sungjoon Cho


Boston University School of Law Working Paper 09-47

Abstract

We distinguish standard settlements, in which the status quo is preserved, and injunctive settlements, which prohibit the defendant’s activity.  The reverse 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.

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Suggested Citation:

Keith N. Hylton and Sungjoon Cho, "Injunctive and Reverse Settlements in Competition-Blocking Litigation "

Contact Information

Keith N. Hylton

Boston University School of Law
765 Commonwealth Avenue
Boston, MA 02215
knhylton@bu.edu

Sungjoon Cho
Chicago-Kent College of Law
565 West Adams Street
Chicago, IL 60661-3691
Phone: (312) 906-5169
Fax: (312) 906-5280
scho1@kentlaw.edu

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