Inferred express and tacit agreements
Contents
Place in the Framework
Courts may infer either an express agreement or a tacit agreement from circumstantial evidence, but mere parallel conduct is usually not enough by itself.
Core Questions
- What facts permit an inference of express agreement?
- What facts permit an inference of tacit agreement?
- How do plus factors distinguish agreement from conscious parallelism?
Working Notes
Add notes here on communications, conduct against self-interest, opportunities to conspire, market structure, and other plus factors.