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alleged analysis antitrust laws attorneys average behavior Class Action Clayton Act conduct costs of litigation court damage award damage claims damages multiple data set Dealer defendant's deterrence dismissed districts docket entries Draft Rep economic effect effort Elzinga Entire Sample equation estimate example expected value follow-on Fortune 500 Georgetown data Georgetown sample go to trial Gotshal & Manges higher horizontal price fixing illegal practice incentives increase independently initiated indicates involved judgment jury trials Kenneth G lawyers legal costs legal fees less likelihood litigation costs litigation system median misinformation effect number of suits outcome paralegals parties penalties percent percentage plaintiffs plaintiffs and defendants predatory pricing predict price discrimination private antitrust enforcement private antitrust litigation private enforcement probability of settlement R-Square reduce relationship relatively result Robert Pitofsky rule settle settlement rates significant stakes statistical substantial survey Table treble damages remedy uncertainty variables vertical violations