Malcolm Coate, Jun 19, 2012
In a 2008 paper published in this journal, I described the continuing success of coordinated interaction (collusion) theories in maintaining their role as an alternative analytical technique to the unilateral effects theories used in Federal Trade Commission merger reviews. While recent Agency commentary and guidelines have suggested a further shift in policy towards unilateral effects analysis, collusion analyses remain entrenched in the internal files. Staff appears to apply the theory most compatible with the available facts.
After an overview of developm