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...

Remedies often get overlooked in discussions of antitrust litigation, treated almost as an afterthought. When remedies have been part of the antitrust debate the focus has often been on an after-the-fact assessment of their effectiveness, or on the general question whether there should be a...