The Error Cost Approach to Section 2 Legal Standards

This article is part of a Chronicle. See more from this Chronicle

Keith Hylton, Jul 15, 2009

The decision of the new DOJ Antitrust Division to abandon the 2008 Section 2 Report is, in part, a signal that it intends to adopt different enforcement priorities, and, in part, a signal that its ambition is to challenge existing Section 2 law. If the latter, then it is also an effort to reverse or set aside the adopted lessons of the error cost approach. This is a tall order, given the slow pace of cha