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by dataflow
754 days ago
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> The system says that decisions involving monetary damages are made by juries, and decisions involving injunctive relief (ordering a company to do something or not do something) are made by judges. The "decisionmaker" isn't the point here. And in fact the decision is with the judge in both scenarios: https://www.brienrochelaw.com/legal-faqs/can-a-judge-overtur... |
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In this particular case, the decision of whether there was an antitrust violation at all would be made by the jury if damages are involved, but by the judge if no damages are involved. Even though the judge will make the final decision on equitable remedies (whether to break up Google), the jury’s verdict is binding on anything the judge subsequently does. The judge isn’t allowed to reach a decision that contradicts the jury on any issue that the jury explicitly or implicitly decided.