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

Geoffrey A. Manne February 28, 2010

The CPI Antitrust Journal, Vol. 2, February 2010 View Original Source

• 
  Back
  to Top

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.