The Archives

Everything written by Michael A. Salinger on law, economics, and more

Section 2 Symposium: Michael Salinger on Error Costs and the Case for Conduct-Specific Standards

The source of much of the disagreement between the Antitrust Division and the FTC is based on chapter 3, which discusses general standards for Section 2 liability. A major portion of chapter 3 concerns whether there is a unifying principle underlying appropriate doctrine for all behavior challenged under Section 2. A substantial portion of the ... Section 2 Symposium: Michael Salinger on Error Costs and the Case for Conduct-Specific Standards

Section 2 Symposium: Michael Salinger on Framing the Debate

Given the embarrassing outcome of the FTC/DOJ single-firm conduct hearings, it is worth revisiting what the organizers of the hearings were attempting to accomplish.  The Federal Register notice announcing the hearings provides some key insights.  It read, in part: The Agencies expect to focus on legal doctrines and jurisprudence, economic research, and business and consumer ... Section 2 Symposium: Michael Salinger on Framing the Debate