Murat C. Mungan
                                            Essay
                                    
                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 facing antitrust plaintiffs in digital markets.
Jan 18, 2021