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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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(p.50) 3 Communications
Competition Policy and Price Fixing

Louis Kaplow

Princeton University Press

This chapter examines interfirm communications that many, sometimes implicitly, take to be central in defining the law's concept of agreement. The core problem with making the existence of communications determinative is that communication is ubiquitous, among other reasons because most actions, certainly including the sale of a goods item at a price, themselves communicate pertinent information. If the use of communications constitutes agreement, then pure interdependence (indeed, less) would trigger liability. Therefore, if agreement is to depend on communications and yet be more restrictive, it is necessary to specify some subcategory of communications, perhaps based on the mode of communication or its content, the use of which is necessary and sufficient to constitute agreement.

Keywords:   interfirm communications, liability, language, communications, price coordination, interdependent coordination

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