Antitrust 1 Prof. E. Fox Fall 2004 1 I. Introduction to Antitrust Law 4 a. General Background 4
How to Identify a Cartel in the Absence of a Concrete Agreement?
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How to Identify a Cartel in the Absence of a Concrete Agreement?
What is a Cartel-Like Arrangement?
Why did the company engage in apparent cartel or price-raising behavior?
Make a better product? Joint-Venture? Block competitors from the market?
Cartelize
?
It is easier for cartels to form where there are:
Fewer
the firms
;
Industry standards (fewer additional terms for potential cartelists to agree upon); and
Barriers
to entry
Conditions necessary for cartelization
Cartel + Factors
Must include all significant
producers or buyers
Barriers must exist to keep non-members out of the market or to assure
that they cannot expand
Must have means
to administer the cartel
Fixing the “right” price; determine profit maximizing
price for cartel members
Are the members at this price? Have they excluded low cost firms?
Publication of profit-maximizing
price to cartel members
Policing or mechanism
for detecting cheaters
Punishment of cheaters
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