Conduct Remedies, With 2020 Hindsight: Have We Learned Anything in the Last Decade?

Ten years ago the U.S. antitrust agencies began using conduct remedies more frequently and more expansively than ever before. Research and experience, however, highlighted the limitations of such remedies, and so more recently the agencies have restated their determination to avoid the use of conduct remedies wherever possible and to strengthen remedies policy generally. Despite those statements, the agencies have in fact continued to rely on conduct remedies and indeed further expanded their