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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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