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38 Emory L. J. 1 (1989)
The Case for Legal Enforcement of Price Fixing Agreements

handle is hein.journals/emlj38 and id is 19 raw text is: EMORY LAW JOURNAL
Member, National Conference of Law Reviews
Volume 38          WINTER 1989           Number 1

Articles
THE CASE FOR LEGAL ENFORCEMENT OF PRICE
FIXING AGREEMENTS
by
John E. Lopatka*
TABLE OF CONTENTS
I. INTRODUCTION .......................................  2
II. PRICE FIXING AS A SPECIES OF CONTRACT ............    8
III. THE EFFECT OF THE SHERMAN ACT ON PRICE FIXING
AGREEMENTS ......................................... 25
IV. THE THEORY OF EFFICIENT CARTELS AND OPTIMAL
DETERRENCE ......................................... 26
V. IMPLICATIONS OF THE THEORY OF EFFICIENT CARTELS
FOR   LEGAL   ENFORCEMENT     OF PRICE    FIXING
AGREEMENTS ......................................... 36
A.   Legal Enforcement of Cartel Agreements Given
Perfect Antitrust Enforcement ...................  36
B. Legal Enforcement of Cartel Agreements Given
Imperfect Antitrust Enforcement .................  44
Associate Professor of Law, University of Illinois. I would like to thank Thomas Ulen, Paul
Godek, and Marie Reilly for their helpful suggestions on earlier drafts of this article.

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