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Price Fixing

Contents

Place in the Framework

Horizontal price fixing is the central per se category for agreements among competitors.

Core Questions

  • What counts as an agreement on price?
  • How do courts treat maximum prices, minimum prices, and components of price?
  • When is pricing restraint ancillary to a productive collaboration?

Working Notes

Add class notes, case rules, and examples distinguishing naked price fixing from restraints embedded in legitimate collaboration.