The purpose of this article is to suggest a straightforward method of utilizing circumstantial output-pricing evidence, grounded in generally accepted economic analysis to (a) differentiate bid rigging and customer/market-allocation schemes, based on some form of explicit communications or explicit agreements among rival sellers, from noncooperative tacit collusion (sheer sophisticated business acumen as hypothesized in various game-theoretic models), and (b) to identify the collusion process with greater precision.
Robert F. Lanzillotti,
Coming to Terms with Daubert in Sherman Act Complaints: A Suggested Economic Approach,
77 Neb. L. Rev.
Available at: http://digitalcommons.unl.edu/nlr/vol77/iss1/4