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

On September 17, 2007, the European Court of First Instance decided Microsoft's appeal of the European Commission's 2004 decision finding that Microsoft had violated Article 82 of the EC Treaty by failing to provide certain interoperability information to Sun Microsystems and by refusing to...

Antitrust laws in the United States, and competition rules in Europe, are usually set out in statutes of general applicability, written in broad, almost constitutional form. This is a “one size fits all” statutory style. There is another possible style of antitrust, which we call “bespoke...