Antitrust & Competition Policy Blog

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

Friday, April 2, 2010

Empagran - Empire Building or Judicial Modesty?

Posted by D. Daniel Sokol

Paul B. Stephan, University of Virginia School of Law asks Empagran - Empire Building or Judicial Modesty?

ABSTRACT: This paper, which will appear in a book on the Supreme Court and International Law, comments on the contribution of Professor Ralf Michaels on F. Hoffman-LaRoche, Ltd. v. Empagran S.A. Without quarreling with Professor Michael’s insightful and creative analysis, I offer an alternative reading of the decision. I locate it within a four-decade tradition of growing skepticism about the value of civil litigation brought by private persons as a means of vindicating public interests.

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