![Paul Stephan](/sites/default/files/styles/large_profile_photo/public/images/stephan.jpg?h=13f26a35&itok=YQ_FOEbb)
This paper comments on the contribution of Professor Ralf Michaels on F. Hoffman-LaRoche, Ltd. v. Empagran S.A. Without quarreling with Professor Michael’s insightful and creative analysis, I offer an alternative reading of the decision. I locate it within a four-decade tradition of growing skepticism about the value of civil litigation brought by private persons as a means of vindicating public interests.