This chapter considers a number of additional subjects. It first considers the determination of sanctions under a communications-based prohibition, focusing on differences that arise when employing a communications-based prohibition rather than when basing liability on the presence of successful oligopolistic coordination. The chapter then turns to an alternative rule under which liability cannot be based on circumstantial evidence, contrary to the long-standing norm in competition law. Hereafter, implications of the contrasting approaches for other areas of competition law, such as the stringency of limits on horizontal mergers and the regulation of practices that might facilitate oligopolistic coordination, are discussed. Finally, the chapter looks into the manner in which rapid evolution in communications technology might influence the analysis, particularly concerning detection.
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