Empagran - Empire Building or Judicial Modesty?
11 Pages Posted: 26 Feb 2010 Last revised: 26 Mar 2010
Date Written: February 26, 2010
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.
Keywords: antitrust, international law, statutory interpretation, civil litigation
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