Reconsideration Of The Equity Argument Against Structural Remedies

Jean W. Adams

ISU General Staff Papers from Iowa State University, Department of Economics

Abstract: Much has been written about failure on the part of the courts to issue the structural remedies of dissolution, divorcement, and divestiture in civil antitrust decisions, especially in those involving violations of Section 2 of the Sherman Act. As was pointed out by Walter Adams in a 1951 y article and has been repeated by many antitrust experts, the government often wins "a resounding legal victory only to suffer a crushing economic defeat" due to the unwillingness of the courts to impose effective remedies. As Dewey stated, "it is a commonplace in antitrust work that the government wins the opinions and the defendants win the decrees."

Date: 1977-06-01
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