Summary

Simpson v. Union Oil Company of California…

But when as here a young man's business is wiped out root and branch by a wrongdoer, the measurement of the victim's damages is not so simple a matter. This is true because no one can infallibly predict how long that business would have continued to grow and flourish or precisely how much the business would have been worth to him in 25 years. But certainly a fair and just legal system is not required by difficulties of proof to throw up its hands in despair and leave the sufferer's damage to be borne by him while the person who did the wrong goes scot free.
Source: Wikisource

Simpson v. Union Oil Company of California…

At the time the cause of action arose petitioner's life expectancy was about 25 years. The jury had a right to believe that his business would have grown through those 25 years, and no one can say with any absolute assurance that the jury verdict was in excess of the immediate and long-term returns he might have realized from his business during that period.
Antitrust damages such as those involved here are bound to be 'speculative' and 'conjectural' to some extent. When a person wrongfully takes government bonds worth $10,000 on the market, the damages can be precisely measured.
Source: Wikisource

Simpson v. Union Oil Company of California…

Bigelow and other cases clearly establish the rule that the existence of damages in antitrust actions is a question for the jury and that the inherent uncertainty in the amount of damages is to be resolved against the wrongdoer. In my opinion the jury below did exactly what we said it was entitled to do in Bigelow. I would therefore require that the jury verdict be reinstated without further ado.
Source: Wikisource

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