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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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