Joshua D. Wright
Forum
The Easterbrook Theorem: An Application to Digital Markets
Frank Easterbrook argued that erroneous antitrust convictions are more costly than erroneous acquittals. We find that if he is correct, the optimal standard of proof is stronger than preponderance of evidence. Our conclusion stands in stark contrast to proposals to reduce the evidentiary burdens fac…
Essay
The Antitrust/Consumer Protection Paradox: Two Policies at War with Each Other
121 Yale L.J. 2216 (2012).
The potential complementarities between antitrust and consumer protection law—collectively, “consumer law”—are well known. The rise of the newly established Consumer Financial Protection Bureau (CFPB) portends a deep rift in the intellectual infrastructure of consumer law …