Rethinking Antitrust

#36: Unrealistic Causation Standards for Remedies in Monopolization Cases?

Episode Summary

Kathleen Bradish, Vice President and Director, Legal Advocacy, American Antitrust Institute, joins the podcast to discuss her new paper, Unrealistic Causation Standards Put Effective Monopolization Remedies At Risk. Kathleen’s paper argues that Supreme Court case law prioritizes effectiveness and judicial flexibility over application of rigid causation standards in designing relief for violations of Sherman Act Section 2. Judge Mehta’s remedy opinion in the Google Search case, accepting this discretionary authority and recognizing the need for effective relief, may offer support for broader remedies in other monopolization cases brought by the Department of Justice and Federal Trade Commission, according to Kathleen. Links: Rethinking Antitrust # 33: Examining the Ruling in the DOJ’s Ad Tech Case (https://tinyurl.com/4ky2u4xc). Rethinking Antitrust Podcast # 18, Judge Douglas Ginsburg on Antitrust Law and the Tech Industry (https://tinyurl.com/2hxna2bx) Rethinking Antitrust Podcast # 15, The Microsoft Framework: Shaping Antitrust Enforcement Today (https://tinyurl.com/bdk2c5k2) Transcript, Rethinking Antitrust # 36:  Unrealistic Causation Standards for Remedies in Monopolization Cases? (https://tinyurl.com/jxrey5cr)

Episode Notes

Kathleen Bradish, Vice President and Director, Legal Advocacy, American Antitrust Institute, joins the podcast to discuss her new paper, Unrealistic Causation Standards Put Effective Monopolization Remedies At Risk. Kathleen’s paper argues that Supreme Court case law prioritizes effectiveness and judicial flexibility over application of rigid causation standards in designing relief for violations of Sherman Act Section 2. Judge Mehta’s remedy opinion in the Google Search case, accepting this discretionary authority and recognizing the need for effective relief, may offer support for broader remedies in other monopolization cases brought by the Department of Justice and Federal Trade Commission, according to Kathleen. 

Links:

Rethinking Antitrust # 33: Examining the Ruling in the DOJ’s Ad Tech Case (Bilal Sayyed, Derek Moore, and Giovanna Massarotto) (June 24, 2025).

Rethinking Antitrust Podcast # 18, Judge Douglas Ginsburg on Antitrust Law and the Tech Industry (Bilal Sayyed and Douglas Ginsburg) (Jan. 24, 2025). 

Rethinking Antitrust Podcast # 15, The Microsoft Framework: Shaping Antitrust Enforcement Today (Bilal Sayyed, Andy Gavil, and Harry First) (Dec. 4, 2024). 

Transcript, Rethinking Antitrust # 36:  Unrealistic Causation Standards for Remedies in Monopolization Cases?