The Past, Present, and Future of Monopolization Remedies

20 Pages Posted: 16 Jun 2008 Last revised: 1 Sep 2009

Spencer Weber Waller

Loyola University of Chicago, School of Law - Institute for Consumer Antitrust Studies

Date Written: 2008

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.

Keywords: antitrust, monopolization, remedies, divestiture, criminal enforcement, injunctions, behavioral relief, structural relief, Alcoa, access, interconnection, Microsoft

JEL Classification: K21, K41, K42, L12, L41, L43, L51

Suggested Citation

Waller, Spencer Weber, The Past, Present, and Future of Monopolization Remedies (2008). Antitrust Law Journal, Vol. 76, 2008. Available at SSRN: https://ssrn.com/abstract=1146604

Spencer Weber Waller (Contact Author)

Loyola University of Chicago, School of Law - Institute for Consumer Antitrust Studies ( email )

25 E. Pearson
Chicago, IL 60611
United States
312-915-7137 (Phone)
312-915-7201 (Fax)

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