Abstract

http://ssrn.com/abstract=1892095
 


 



Direct Versus Communications-Based Prohibitions on Price Fixing


Louis Kaplow


Harvard Law School; National Bureau of Economic Research (NBER)

July 21, 2011

Journal of Legal Analysis, Forthcoming
Harvard Law and Economics Discussion Paper No. 703

Abstract:     
This article compares two policies toward coordinated oligopolistic price elevation. Most commentators endorse the view that the law should (and does) prohibit only those price elevations produced by certain sorts of interfirm communications, such as secret price negotiations. In contrast, little attention has been devoted to a more direct approach that encompasses all coordinated price elevations that can be detected and sanctioned effectively. It is demonstrated that the conventional formulation rests on numerous misconceptions, involves complex and costly detection if its logical implications are taken seriously, and tends to target cases with relatively low deterrence benefits and high chilling costs in contrast to those targeted under the direct approach.

Number of Pages in PDF File: 78

JEL Classification: D43, K21, L13, L41

Accepted Paper Series





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Date posted: July 22, 2011  

Suggested Citation

Kaplow, Louis, Direct Versus Communications-Based Prohibitions on Price Fixing (July 21, 2011). Journal of Legal Analysis, Forthcoming; Harvard Law and Economics Discussion Paper No. 703. Available at SSRN: http://ssrn.com/abstract=1892095

Contact Information

Louis Kaplow (Contact Author)
Harvard Law School ( email )
1575 Massachusetts Avenue
Cambridge, MA 02138
United States
617-495-4101 (Phone)
617-496-4880 (Fax)
HOME PAGE: http://www.law.harvard.edu/faculty/directory/facdir.php?id=32&show=bibliography
National Bureau of Economic Research (NBER)
1050 Massachusetts Avenue
Cambridge, MA 02138
United States
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