Geoff Manne on antitrust enforcement
Jurist – ICLE President Geoffrey Manne was cited by Jurist in a piece about the recent surge of antitrust enforcement actions against major tech platforms. You can read the full piece here.
False positives are costly, while the fallout from false negatives can be mitigated. As noted by legal expert Geoffrey Manne, monopolized markets encourage “incentives of new entrants to compete for supracompetitive profits” which in turn limits the “social costs of Type II errors more effectively than the legal system’s ability to correct or ameliorate the costs of Type I errors.” In other words, antitrust benefits from restraint. When pro-competitive behavior is outlawed by government regulation or the courts, it may, as Easterbrook warned, “be lost for good.”