The Yale Law Journal

Murat C. Mungan

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The Easterbrook Theorem: An Application to Digital Markets

Joshua D. Wright & Murat C. Mungan

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…