Optimal legal standards for competition policy further re-visited

摘要

Katsoulacos and Ulph (2009) showed how all the factors identified as being relevant to choosing between a Per Se and an Effects-Based legal standard in terms of their decision error costs could be combined into a simple formula for determining which standard to use. Seifert (2020) gives an alternative characterisation of an Effects-Based legal standard and shows that its decision error costs are never higher than those of Per Se We argue that nevertheless our original formula remains valid for choosing between these two legal standards. (c) 2020 The Authors. Published by Elsevier B.V.