Note:
Paula A. Hutchinson, A Case Against Contribution in Antitrust, 58 Texas L. Rev. 961 (1980).
 

Abstract:
This Note argues that a modified no-contribution rule best serves the purposes of the antitrust laws. After reviewing in part II the controversy in the circuits over the contribution issue, the Note suggests in part III that the precedent consists mainly of tort law principles, which do not satisfactorily resolve the conflict. Concluding that only an examination of the effects of the rule in light of antitrust goals can resolve the issue, part III then demonstrates that the no-contribution rule more effectively discourages the anticompetitive behavior at which the antitrust laws are directed. Part IV examines the flaws of the no-contribution rule and concludes that in certain situations its deterrent effect is minimal and its use therefore unjustified. Taking account of these circumstances, part V proposes a modified no-contribution rule that contains limited exceptions and yet retains the deterrent advantages of the present no-contribution rule.