Structural Remedies In Antitrust: Some Important Considerations

Structural remedies are often considered to be the “gold standard” of successful antitrust prosecutions of monopolization and proposed-merger cases:  The competitive conditions of the relevant market are recreated without the need for ongoing, detailed monitoring of the defendant’s behavior – which is required for behavioral remedies and which for those remedies becomes an ongoing monitoring/regulatory burden on the plaintiffs (especially government prosecutors) and on the courts. But st