The FTC's Misguided Rationale for the Use of Section 5 in Sherman Act Cases

Abstract:     
This essay criticizes the Federal Trade Commission's defense of its use Section 5 of the FTC Act in the Intel case. The FTC's (and particularly Chairman Leibowitz') claims that the error cost concerns that figure prominently in recent Supreme Court Sherman Act cases ought not to apply, and are not intended to apply, to government enforcers are misguided and dangerous.

Number of Pages in PDF File: 6

Keywords: Federal Trade Commission, antitrust, Sherman Act, FTC Act, Section 5, Intel, Error costs

JEL Classification: K21, K23, K41, L42

Accepted Paper Series