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38 Antitrust Bull. 5 (1993)
The Identification and Proof of Horizontal Agreements under the Antitrust Laws

handle is hein.journals/antibull38 and id is 11 raw text is: The Antitrust BulletinlSpring 1993 The identification and proof of horizontal agreements under the antitrust laws BY WILLIAM E. KOVACIC* I. Introduction American antitrust law draws a crucial distinction between uni- lateral and collective behavior. Restrictions on unilateral conduct, effectuated mainly through the Sherman Act's prohibition against monopolization and attempted monopolization,' are hardly un- important,2 but they usually come into play only when the defen- * Associate Professor, George Mason University School of Law, and Of Counsel to Bryan, Cave in Washington, D.C. AUTHOR'S NOTE: I am grateful to Jonathan Baker and Kathryn Fenton for many useful comments and discussions. I also thank the John M. Olin Foundation and the Sarah Scaife Foundation for their support in the preparation of this article. 1 15 U.S.C.§2. 2 See Kovacic, Failed Expectations: The Troubled Past and Uncer- tain Future of the Sherman Act as a Tool for Deconcentration, 74 IowA L. REv. 1105 (1989). 0 1993 by Federal Legal Publications, Inc.

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