Friday, June 20, 2008
Posted by D. Daniel Sokol
Spencer Waller of Chicago Loyola Law School recently uploaded his paper The Past, Present, and Future of Monopolization Remedies, which he presented at the excellent ABA Section 2 remedies conference earlier this month at UVA.
ABSTRACT: A well understood theory of remedies in
monopolization and abuse of dominance cases does not exist at present
in either the case law or the academic literature and may not even be
possible The most likely explanation is that monopolization cases and
abuse of dominance cases (particularly successful ones) are relatively
rare birds. While these cases are of great importance, they arise only
episodically and rarely in the same industries, making comparisons
between different industries and time periods not very helpful.
In this essay, I first survey the principal types of remedies that have been imposed in monopolization cases over the past century. I then look at the current state of monopolization law and remedies. Finally I briefly address a likely future that focuses on information and access as a form of virtual, rather than physical, divestiture as a critical issue for the courts and enforcers to resolve through innovative compliance mechanisms.