SECTION 2 REMEDIES: WHAT TO DO AFTER CATCHING THE TIGER BY THE TAIL

While the author has said many times that Section 2 in general presents some of the most challenging issues in competition law today, the specific subject of remedies is in many ways the most challenging of these issues. Tigers, as you no doubt know, are majestic animals with a combination of streng...

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Bibliographic Details
Published in:Antitrust law journal 2009-06, Vol.76 (1), p.31-41
Main Author: Barnett, Thomas O.
Format: Article
Language:English
Subjects:
Antitrust
Antitrust law
Antitrust laws
Bankruptcy laws
Capitalism
Clayton Antitrust Act 1914-US
Competition
Consumer economics
Defendants
Ecological competition
Economic competition
Ecosystems
Joint ventures
Judges & magistrates
Laws, regulations and rules
Liability
Litigation
Monopolies
Predatory pricing
Remedies
Skiing
SYMPOSIUM: REMEDIES FOR DOMINANT FIRM MISCONDUCT
Technological innovation
Tigers
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Summary:While the author has said many times that Section 2 in general presents some of the most challenging issues in competition law today, the specific subject of remedies is in many ways the most challenging of these issues. Tigers, as you no doubt know, are majestic animals with a combination of strength, speed, and beauty that makes them a match for any lion in his book. They are in some respects similar to large, powerful companies that have come to dominate a particular market or set of markets. A bad Section 2 remedy risks hurting consumers and competition and thus is worse than no remedy at all. Prohibitory remedies are one of the two prominent kinds of conduct remedies in the Section 2 context. Remedies imposing affirmative obligations are the other. As stated at the outset, remedy issues in the Section 2 context present some of the most difficult and important challenges in antitrust law today. Perhaps the most important of these issues is the suggestion to think before grabbing the tiger's tail.
ISSN:0003-6056
2326-9774