Unilateral facilitating practices
Contents
Place in the Framework
Unilateral facilitating practices may make coordination easier, but they raise the threshold question whether the conduct itself proves agreement or remains independent action.
Core Questions
- Was the practice adopted independently or as part of a shared understanding?
- Does the practice invite, signal, monitor, or enforce coordinated behavior?
- When can unilateral conduct serve as a plus factor?
Working Notes
Add notes here on practices such as unilateral price announcements, matching policies, most-favored-nation clauses, and other behavior that may facilitate coordination without itself being an agreement.