ABSTRACT

Outside unilateral conduct of single firms, practices restrictive of price and output competition are usually shown to be illegal not only by their likely effects on the market, but by the existence of an agreement between two or more firms. Defining what amounts to an agreement is therefore a key requirement in the finding of collusion between firms. Where documentary evidence of written agreements exists, the focus of the courts is on interpreting contents and determining whether the object or purpose of the agreements is in line with the conduct charged. Consequently, an agreement requires the willingness of the parties involved to attempt to coordinate their conduct on the market in a manner that implements the requirements of the agreement.