Explicit collusion requires that the participating firms implement collusive structures in order to mitigate secret deviations and have a self-enforcing agreement that elevates profits. Current antitrust compliance training does not convey to product division decision-makers the difficulty of implementing collusive structures, nor does it convey that the structures will leave a trail of economic evidence in their wake. General counsels and top management should convey to product division decision-makers that they will be looking for these “tells” as part of their efforts to ensure compliance with Section 1. This article is a chapter of «William E. Kovacic Liber Amicorum - An Antitrust Tribute, Volume II», published by the Institute of Competition Law in September 2014.
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