Jump to ContentJump to Main Navigation
Competition Policy and Price Fixing$
Users without a subscription are not able to see the full content.

Louis Kaplow

Print publication date: 2013

Print ISBN-13: 9780691158624

Published to Princeton Scholarship Online: October 2017

DOI: 10.23943/princeton/9780691158624.001.0001

Show Summary Details
Page of

PRINTED FROM PRINCETON SCHOLARSHIP ONLINE (www.princeton.universitypressscholarship.com). (c) Copyright Princeton University Press, 2017. All Rights Reserved. Under the terms of the licence agreement, an individual user may print out a PDF of a single chapter of a monograph in HSO for personal use (for details see http://www.universitypressscholarship.com/page/privacy-policy).date: 14 December 2017

Paradox of Proof

Paradox of Proof

Chapter:
(p.125) 6 Paradox of Proof
Source:
Competition Policy and Price Fixing
Author(s):

Louis Kaplow

Publisher:
Princeton University Press
DOI:10.23943/princeton/9780691158624.003.0006

This chapter explores the “paradox of proof.” This paradox grows out of the interplay of two starting points: deeming agreement to require more than demonstration of successful interdependence—such as by also using certain sorts of communications—and needing to infer the existence of agreement from circumstantial evidence, out of a recognition that parties hide their actions from legal scrutiny. It is assumed that, in adjudication, it frequently will be impossible to observe the communications that the defendant firms employed. Nevertheless, the factfinder must infer whether or not certain means of communication were used, based on what can be observed about market conditions, notably, how conducive they are to successful oligopolistic coordination and whether such successful coordination appears to have occurred.

Keywords:   paradox of proof, interdependence, circumstantial evidence, adjudication, communications, oligopolistic coordination

Princeton Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us.