Disgorgement as an Antitrust Remedy
نویسنده
چکیده
My topic is an antitrust remedy that is legally available, enormously powerful, but seldom used—disgorgement. I want to ask what explains the rare usage of this remedy in antitrust cases and whether the reasons for its historic backstage status continue to apply today to dominant firm misconduct. More provocatively, given the growing obstacles to private and class action damage suits and the frequent ineffectiveness of behavioral and structural remedies for monopolization, is it time for disgorgement to assume center stage as an antitrust remedy? While my comments will focus on U.S. law, I also offer some observations about how disgorgement theory might offer a way of making sense of, and better cabining, the otherwise puzzling EC claim of excessive pricing.
منابع مشابه
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