ABSTRACT

It is always difficult to distinguish between fair competitive measures resorted to by dominant bodies and those restrictive and predatory practices designed to forestall entry and to eliminate existing rivals. It is more difficult to make this distinction in relation to actions of dominant firms than in relation to trade associations. The dominant firm operates independently, and to its own ends. These ends may be difficult to comprehend from outside. Trade association practices are joint practices, and intent to damage others, if it exists, is easier to discern. By the nature of things, it is also easier to eliminate the undesirable practices of a trade association than of a dominant firm.