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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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Statutory Provisions and Higher Court Interpretations

Statutory Provisions and Higher Court Interpretations

(p.69) 4 Statutory Provisions and Higher Court Interpretations
Competition Policy and Price Fixing

Louis Kaplow

Princeton University Press

This chapter examines competition law's doctrine on horizontal agreements. It begins by addressing the U.S. statute, Sherman Act Section 1. The chapter then turns to the leading Supreme Court precedents on Section 1. These are the primary source of U.S. antitrust law in general and specifically in delineating what constitutes a horizontal agreement. Here, there is more conflict than meets the eye. Finally, the corresponding provision in the European Union, Article 101, is examined. Because the underlying questions and the relevant economic theory of oligopolistic coordination are the same, it is natural to expect similar challenges to arise, and they do.

Keywords:   horizontal agreements, competition law, Sherman Act Section 1, Supreme Court precedents, U.S. antitrust law, oligopolistic coordination, European Union, EU Article 101

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