Author granted license

Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International

Document Type

Article

Publication Date

1-2001

ISSN

0038-3910

Publisher

University of Southern California Gould School of Law

Language

en-US

Abstract

Many legal rules turn on a party's state of mind or intent with respect to some action or consequence. Legal scholars have long debated the contours of such requirements and the sorts of proof required for them. Intent has been an especially controversial issue in antitrust law. This paper provides a theory of legal standards that explains the role of intent analysis in antitrust and in other areas of the law. We argue that intent requirements, and many other legal rules, can be understood by focusing on the goal of minimizing the expected costs from legal errors. After developing a positive theory of intent standards, we apply the theory to antitrust to show that it explains both the allocation of and proof requirements for the specific intent standards in antitrust doctrine. We then use the Microsoft case as a concrete study of the function of intent rules in antitrust.

Comments

Updated with published version of paper on 9/23/22

Working paper available on SSRN

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Working paper available on SSRN

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