REMEDIES FOR EXCLUSIONARY CONDUCT SHOULD PROTECT AND PRESERVE THE COMPETITIVE PROCESS

Remedies for exclusionary conduct should arise organically out of the theory of the case.1 If exclusionary conduct violating Section 2 of the Sherman Act is found to have created monopoly power, the remedy should assure the complete extirpation of the illegal monopoly.2 If conduct violating Section 2 is found to have significantly slowed the erosion of monopoly power, the remedy should roll back the defendant's monopoly power to the diminished level it likely would have reached but for the unlawful conduct.3 And if exclusionary conduct violating Section 2 is not found to have either consequence,4 the remedy should ensure that there remain no practices likely to result in monopolization in the future.5 I consider remedies of just this last type.