The Past, Present, and Future of Monopolization Remedies
Spencer Weber Waller
Loyola University of Chicago, School of Law - Institute for Consumer Antitrust Studies
Antitrust Law Journal, Vol. 76, 2008
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.
Number of Pages in PDF File: 20
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
Date posted: June 16, 2008 ; Last revised: September 1, 2009