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53 Am. Bus. L.J. 97 (2016)
Antitrust and Socially Responsible Collaboration: A Chilling Combination

handle is hein.journals/ambuslj53 and id is 97 raw text is: American Business Law Journal Volume 53, Issue 1, 97-144, Spring 2016 Antitrust and Socially Responsible Collaboration: A Chilling Combination? Inara Scott* INTRODUCTION A review of recent literature in the field of sustainable and socially responsible business practices reveals that companies are increasingly considering collaboration as a means of solving intractable global prob- lems.1 Business entities concerned about human rights and labor prac- tices are collaborating with other businesses, government agencies, and nongovernmental organizations (NGOs) on certifications and standards at shared factories and facilities.2 To save costs and reduce *Assistant Professor, College of Business, Oregon State University. The author wishes to thank Joel Reschly for his invaluable research assistance. 'See, e.g., ANDREW S. WINSTON, THE BIG PIVOT. RADICALLY PRACTICAL STRATEGIES FOR A HoT- 1ER, SCARCER, AND MORE OPEN WORLD 11, 211-26 (2014) (discussing a need for new prac- tices, including increasing collaboration, in order to address key business concerns); Ram Nidumolu et al., The Collaboration Imperative, HARV. BLS. REv., Apr. 2014, at 77 (analyzing the most effective models for sustainability collaborations); Simon Mainwaring, Why Business Col- laboration Is Necessary in a Socially Sustainable World, MASHABLE (June 9, 2011), http://www. mashable.com/2011/06/09/business-collaboration-sustainability/; Mari~tte M. Van Huijstee et al., Partnerships for Sustainable Development: A Review of Current Literature, 4 ENVTL. Sci. 75, 75 (2007) (reviewing literature and defining partnership as collaborations between actors from two or more spheres of society (state, market and civil society)); see generally ERIC LowITT, THE COLLABORATION ECONOMX How TO MEET BUSINESS, SOCIAL, AND ENVIRONMENTAL NEEDS AND G-,IN CoMP-rrIVE ADvANTAGE 1-2, 5-7 (2013) (describing the need to transition to an economy built on collaboration across sectors and businesses). 2-One example is the Fair Factories Clearinghouse, a nonprofit organization that helps businesses utilizing common factories to share audits and other information, and imple- ment corrective action. See The FFC Mission, FUR Fk(,EORIES CLEARINGHOUSE, http://www. © 2016 The Author Ameri an Business Law Journal © 2016 Academy of Legal Studies in Business 97

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