Plus Factors and Agreement in Antitrust Law
Kovacic, William E., Marshall, Robert C., Marx, Leslie M. & White, Halbert L.
Citation analytics
How this journal article sits in the citation network, derived from CiteLaw's graph of published opinions.
Courts citing this journal article
Most recently cited by4
- 2017Valspar Corp. v. E.I. Du Pont De Nemours & Co. 3d Cir.
- 2016Valspar Corp. v. E.I. du Pont de Nemours & Co. D. Del.
- 2016Kent v. R.L. Vallee, Inc. Vt. Super. Ct.
- 2015SD3, LLC v. Black & Decker Inc. 4th Cir.
Counts reflect decisions in the CiteLaw corpus and may lag very recent opinions.
Abstract
Plus factors are economic actions and outcomes, above and beyond parallel conduct by oligopolistic firms, that are largely inconsistent with unilateral conduct but largely consistent with explicitly coordinated action. Possible plus factors are typically enumerated without any attempt to distinguish them in terms of a meaningful economic categorization or in terms of their probative strength for inferring collusion. In this Article, we provide a taxonomy for plus factors as well as a methodology for ranking plus factors in terms of their strength for inferring explicit collusion, the strongest of which are referred to as "super plus factors."