Remedy Issues in Section 2 Cases

This article is part of a Chronicle. See more from this Chronicle

Frank Fisher, Apr 05, 2007

The question of how to design remedies in Section 2 cases is not an easy one. Unlike prospective mergers, which can be blocked, or price-fixing and other collusion cases, where actions can be enjoined, single-firm monopoly cases even when won on liability can founder on remedy design. Structural relief can be seen as too drastic, and injunctive relief can simply turn into an effort to prohibit actions al