Comments On Civil Remedies
The American Antitrust Institute has submitted detailed comments to the Antitrust Modernization Commission in response to the AMC’s requests for comments.
A brief taste:
As set forth above, AAI strongly opposes any proposal that would legislatively overturn Hanover Shoe. There is no sound empirical evidence that the current enforcement scheme results in the over-deterrence of violations of the antitrust laws. If anything, just the opposite is true. Accordingly, in AAI’s view, a radical legislative overhaul to “fix” a non-existent problem which would weaken private enforcement is unwarranted and unwise. If the Commission nevertheless recommends, despite a lack of empirical justification, that Congress overrule Illinois Brick and Hanover Shoe, it would be imperative that the Commission also think through and propose a practical means for private enforcement of the antitrust laws by private parties, especially classes of purchasers. Otherwise the law will fail to deter illegal conduct and compensate victims. The Working Group therefore proposes below the outlines of what could become, after careful study, analysis, and review, a possible form of “structured proceedings” that might serve to ameliorate some of the drawbacks of the AMC’s proposal.
Even if you do not agree with the American Antitrust Institute’s positions, the comments are worth reading.
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