Bigelow v. RKO Radio Pictures

Bigelow (plaintiff) owned the Jackson Park Theatre in Chicago and sued a group of film distributors and a theater chain (defendants) for conspiring to give the chain's theaters exclusive early access to films, an antitrust violation. Bigelow could not calculate lost profits with precision, but presented two comparisons: the higher earnings of a similar theater in the defendants' chain, and Jackson Park's own declining net receipts after losing early-run access. The jury awarded $120,000, and the trial court trebled that award under the Clayton Act. The court of appeals reversed, finding the damages proof too uncertain. Bigelow petitioned for Supreme Court review.