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Competition Policy and Price Fixing$
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Louis Kaplow

Print publication date: 2013

Print ISBN-13: 9780691158624

Published to Princeton Scholarship Online: October 2017

DOI: 10.23943/princeton/9780691158624.001.0001

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Detection: Other Types of Evidence

Detection: Other Types of Evidence

Chapter:
(p.286) 11 Detection: Other Types of Evidence
Source:
Competition Policy and Price Fixing
Author(s):

Louis Kaplow

Publisher:
Princeton University Press
DOI:10.23943/princeton/9780691158624.003.0011

This chapter first considers the degree to which industry conditions are conducive to successful coordination and also elaborates on the relevance of this inquiry, which is particularly important in light of the contrast with how such evidence is employed under a communications-based prohibition. It then explores evidence from within firms—whether records of strategy or internal indicators of what is actually taking place in the market. The chapter also discusses evidence on interfirm communications, which when present and sufficiently clear may well be decisive in demonstrating the existence of successful coordinated price elevation, although its absence does not negate such behavior because detailed interchanges may be unnecessary and in any event may remain hidden.

Keywords:   detection, industry conditions, communications-based prohibition, interfirm communications, internal evidence

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