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.

Number of Pages in PDF File: 11

Keywords: antitrust, international law, statutory interpretation, civil litigation

working papers series