Today's conversation about antitrust civil remedies generally, and the private action specifically, focuses most often on optimal deterrence and effectiveness. Lost in conversation is the basic idea that antitrust violations cause economic harm and that those victimized by that harm should be...

Intellectual property law is out of control. For more than a decade intellectual property rights holders have successfully expanded their rights, in the courts and in Congress. Commentators and policy makers have recently expressed concern over this expansion, and the Supreme Court has begun to...

The success, failure, and durable meaning of major antitrust cases often turn on how they are framed before the courts and the public. In the Microsoft monopolization litigation, the government plaintiffs framed the case as one in which Microsoft sought to extinguish the threat to its Windows...

Neil Averitt and Robert Lande have for some time been writing about consumer choice as a new paradigm for antitrust. In this comment, I both praise and extend the consumer choice paradigm and provide concrete examples of both cutting edge and familiar antitrust issues where consumer choice can...

Antitrust began with the common law tort of restraint of trade but has long since separated itself from the rest of tort law, particularly in the area of punishment. Since the passage of the Sherman Act in 1890, the principal remedies for antitrust violations have been criminal penalties and...

In 2017, Professor Alexandra Lahav of the University of Connecticut School of Law published an impressive book entitled In Praise of Litigation. She argues that private civil litigation in the United States is an important tool for democracy. In the preface and introduction, she explains how...

Antitrust has been impoverished as a discipline by systematically devaluing business discourse in favor of a nearly exclusive reliance on one form of economics as its guiding discipline. I have previously discussed elsewhere the historical reasons why antitrust has ignored the theories that...