The FTC's Misguided Rationale for the Use of Section 5 in Sherman Act Cases
The CPI Antitrust Journal, Vol. 2, February 2010
6 Pages Posted: 2 Mar 2010
Date Written: February 28, 2010
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.
Keywords: Federal Trade Commission, antitrust, Sherman Act, FTC Act, Section 5, Intel, Error costs
JEL Classification: K21, K23, K41, L42
Suggested Citation: Suggested Citation