Optimal standards of proof in antitrust
WebAbstract: Economic analyses of antitrust institutions have thus far focused predominantly on optimal penalties and the design of substantive legal rules, and have largely ignored the standard of proof used in trials as a policy tool in shaping behavior. This neglected tool can play a unique role in the antitrust context, where a given firm may ... Webdeterminants of the optimal evidence threshold depart qualitatively and substantially from familiar understandings regarding the burden of proof – which involve consideration of …
Optimal standards of proof in antitrust
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Webburden of proof show that it is more probable than not that it has met the standard of proof it bears; (2) proof by clear and convincing evidence, which requires more prob evidence … WebOct 17, 2024 · Therefore, when balancing such avoidance costs and deterrence effects, it is optimal to employ a stronger standard than that which maximizes deterrence, namely stronger than preponderance of the...
WebMay 31, 2024 · This article reflects on the way in which the new initiatives to regulate powerful online platforms in the European Union, the United States, the United Kingdom WebThe article, “Differing Proof Requirements for Global Class Actions: Using Economic Analysis to Guide Future Policymakers,” outlines several key considerations, and presents the trade-offs in setting high versus low standards for the level of proof required to establish whether claims are sufficiently similar to qualify as a class action.
WebDepending on the screens, i = 0, 1, …, 4, examined, we can then distinguish the following legal standards. Strict per se (SPS) LS is the LS under which the liability decision relies purely on the initial characterisation of the conduct (in stage 0) and the presumption that this generates about its welfare impact.; Modified per se LS (MPS LS): Under this, a liability … WebFeb 1, 2005 · We argue that the common law standard of proof, given the rules of evidence, does not minimize expected error as usually argued in the legal literature, but may well be efficient from the...
Web1 PHILLIP E. AREEDA & HERBERT HOVENKAMP, ANTITRUST LAW: AN ANALYSIS OF ANTITRUST PRINCIPLES AND THEIR APPLICATION ¶ 1500 (2024) (“Ever since [the U.S. Supreme Court’s 1911 Standard Oil decision], antitrust law has been governed by the ‘rule of reason.’”). Analysts tend to use the term “rule of reason” to describe Sherman Act § 1 …
WebApr 4, 2024 · The design of antitrust rules to minimize costs of judicial error in digital markets is our focus. 8 While economic and decision-theoretic analyses have been … citrea apartments fullertonWebJan 1, 2024 · Optimal standards of proof in antitrust 2024, International Review of Law and Economics Show abstract Accuracy and Preferences for Legal Error 2024, SSRN The Optimal Standard of Proof with Adjudication Avoidance 2024, Review of Law and Economics Justifications, excuses, and affirmative defenses 2024, Journal of Law, Economics, and … citrea wilsonWebMar 4, 2016 · A new approach to polynomial regression is presented using the concepts of orders of magnitudes of perturbations. The data set is normalized with the maximum values of the data first. The polynomial regression of arbitrary order is then applied to the normalized data. Theorems for special properties of the regression coefficients as well as … dickinson county iowa building permitsWebNov 2, 2014 · This study analyzes the optimal antitrust enforcement rule and, in doing so, presents a model that illuminates two important issues. First, it compares the per se legal and illegal judicial standards to the rule of reason judicial standard in terms of information costs and general social welfare. Second, it seeks to derive the optimal judicial standard … cit redWebApr 12, 2024 · Google’s play for an early knockout mirrors that of Facebook parent company Meta, which initially notched wins by getting a judge to toss two separate antitrust suits filed by state attorneys ... dickinson county iowa county attorneycitrea wilson homesWebJul 1, 2024 · The standard of proof used in determining the legality of a firm’s conduct affects not only whether the firm chooses to engage in pro- versus anticompetitive … dickinson county iowa dmv