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, 2022. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in PRSO for personal use.date: 26 May 2022

Detection of Prohibited Communications

Detection of Prohibited Communications

Chapter:
(p.398) 17 Detection of Prohibited Communications
Source:
Competition Policy and Price Fixing
Author(s):

Louis Kaplow

Publisher:
Princeton University Press
DOI:10.23943/princeton/9780691158624.003.0017

This chapter considers the communications-based prohibition, which requires demonstration of particular behavior that not only is hard to identify but also is not well correlated with high deterrence benefits and low chilling costs—indeed, in certain ranges, it may be negatively correlated with both. If one attempts to optimize the proof burdens (adjust the liability/no liability boundaries) under this circumscribed prohibition, one is led to reshape it into the direct approach. The chapter explains that, if one calibrates the burden of proof under the direct approach to find liability in the same number of situations as under the communications-based prohibition, then the direct approach dominates. The cases it targets involve both greater social danger and less risk of chilling desirable behavior than those most likely to generate liability under commentators' favored rule.

Keywords:   communications-based prohibition, detection, deterrence, burden of proof, direct approach, liability

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.