Frank Easterbrook, Apr 01, 2005
In this article, Frank Easterbrook sets out the basic components of what has become known as the error-cost framework in antitrust, an approach that has gained influence in recent years. This framework recognizes the possibility that courts will make mistakes in deciding antitrust cases, and that those mistakes will result in false positives (false convictions) and false negatives (false acquittals). Moreover, the error-cost approach focuses attention on the relative costs of false positives and false negatives.
Featured News
New York Ski Mountain Sale Resolves Long-Running Antitrust Fight
Oct 18, 2026 by
CPI
Italy Fines E-Scooter Operators €2.7 Million Over Free-Ride Restrictions in Rome
Oct 18, 2026 by
CPI
Google Play Antitrust Lawyers Denied $85 Million Fee Request by US Judge
Oct 18, 2026 by
CPI
SoftBank Weighs $18 Billion Allied Universal Takeover
Oct 18, 2026 by
CPI
Anthropic Proposes AI Safety Bill Giving US Government Power to Block High-Risk Models
Oct 18, 2026 by
CPI
Antitrust Mix by CPI
Antitrust Chronicle® – EU Merger Guidelines
Oct 19, 2026 by
CPI
In Praise of Theories of Benefits
Oct 19, 2026 by
Cyril Hariton & Pierre Regibeau
Closing the Efficiencies Gap
Oct 19, 2026 by
Kasia Czapracka & Marika Harjula
Analysis of Dynamic Trade-Offs Under the New Guidelines: Would Cases Like Amazon/Irobot Turn Out Differently?
Oct 19, 2026 by
Oliver Latham, Sam Marden, Saul Mendelsohn & Serge Moresi
Exploitative Portfolio Effects In EU Merger Control: From Mars/Kellanova to the Draft Merger Guidelines
Oct 19, 2026 by
Niels Baeten, Danette Chan & Elizabeth Malik