Washington and Lee Law Review, Vol. 38, No. 2 (Spring 1981), pp. 315-346


The United States Supreme Court recently has agreed to consider the issue of whether contribution among multiple defendants and coconspirators should be allowed in private civil antitrust litigation. Three circuit courts of appeal recently have handed down decisions on the issue of contribution and the result has been disagreement over whether such a right exists or should exist in antitrust law. Legal commentators have responded to these developments with a spate of “solutions” to the problem containing proposals for and against contribution. This article will survey the current status of the literature expressing these opinions. Then, assuming the establishment of such a right in antitrust law, the article will examine the issues raised by the alternative forms of contribution proposed by courts and commentators and the limited consensus that has emerged.