Antitrust & Competition Policy Blog

Editor: D. Daniel Sokol
University of Florida
Levin College of Law

Friday, June 20, 2008

The Past, Present, and Future of Monopolization Remedies

Posted by D. Daniel Sokol

Waller 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.

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