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Collusion: Definition, Examples, and Preventative Steps

What Is Collusion?

Collusion is a non-competitive, secret, and sometimes illegal agreement between rivals that attempts to disrupt the market's equilibrium. The act of collusion involve𓃲s people or companies that would typically compete against each other but who conspire to work together to gain an unfair market advantage.

The colluding parties may collectively choose to influence the market supply of a good or agree to a specific pricing level that will help the partners maximize their profits to the detrime𝄹nt of other competitors. Collusion is common am♔ong duopolies.

Key Takeaways

  • Collusion occurs when entities or individuals work together to influence a market or pricing to their advantage.
  • Acts of collusion can include price fixing, synchronized advertising, and sharing insider information.
  • Antitrust and whistleblower laws help to deter collusion.
  • Collusion is illegal in the United States.

Types of Collusion

Collusion can take many forms across market🅠 types. Groups collectively obtain an unfair advantage in each scena꧑rio.

One of the most common ways of colluding is 澳洲幸运5官方开奖结果体彩网:price fixing. This occurs when there are a small number of companies in a particular supply marketplace, commonly referred to as an 澳洲幸运5官方开奖结果体彩网:oligopoly. These businesses offer the same product and form an agreement to set the price level. 𒆙Prices may be forcibly lowered to drive 🤡out smaller competitors or they may have an inflated level to support the interest of the group at a disadvantage to the buyer.

Important

Price fixing can eliminate or reduce competition a♋nd lead to even higher barriers for new entrants.

Collusion may also occur when companies synchronize their advertising campaigns. The partnering businesses might want to limit the consumers’ knowledge about a product or service for⭕ an added advantage in this case.

Collective partnering through the use of insider information can also be a type of collusion in the financial industry. Colluding groups might have the opportunity to gain several advantages through the sharing of private or 澳洲幸运5官方开奖结果体彩网:preliminary information. This financial collusion can allow the parties to enter and exit trades b🌳efore the shared information is🐓 publicly available.

Factors That Deter Collusion

Collusion is an illegal practice in the United States and this significantly deters its use. 澳洲幸运5官方开奖结果体彩网:Antitrust laws aim to prevent collusion between companies. They make it complicated to coordinate and execute an agreement tꦉo collude. It's also difficult for companies to partake in collusion in industries that have strict supervision.

Defection is another key deterrent to collusion. A company that initially agrees to take part in a collusion agreement might defect and undercut the profits of the remaining members. The company that defects might also act as a 澳洲幸运5官方开奖结果体彩网:whistleblower and report the collusion to the approp🎀riate authorities.

Real-World Example

A New York appeals court upheld a 2013 ruling against tech behemoth Apple in 2015. The multinational technology giant appealed the lower court's finding that the company had illegally conspired with five of the biggest book publishers on the pricing of ebooks.

The New York appeals court found in favor of the plaintiffs. The company’s goals were to promote Apple’s new iPad and to prevent Amazon from undercutting its title prices of ebooks. The case led to a $450 million settlement in which Apple paid purchasers twice their losses.

What Are Duopolies?

A duopoly exists when just two firms dominate a market but it can also refer to a market in which two firms control more than 70% of the market share.

What Are Some Antitrust Laws?

Antitrust laws limit and regulate the market power of a firm to protect against competition because competition benefits consumers. The Sherman Act was the first antitrust law passed in 1890. It was followed by the Federal Trade Commission Act and the Clayton Act in 1914. The Clayton Act was last amended in 1976. These are all federal laws.

What Are Some Whistleblower Laws?

Whistleblower laws can be imposed at both the federal and state level. The most common of them protect employees from retaliation such as termination or discrimination for disclosing acts of wrongdoing by a company or firm. The federal Whistleblower Protection Act shields all government employees.

The Bottom Line

ℱCollusion refers to actions taken by individuals, business firms, or other entities to influence or control pricing or a market in general. These ♏moves are typically arranged in secret and all entities involved can profit.

Collusion is illegal in the United States and laws exist to protect against it at both state and federal levels. Whistleblower laws protect employees in particu♔lar. Speak to a legal representative if you suspect you’ve been targeted for revealing what you suspect to be clandestine marketing activity.

Article Sources
Investopedia requires writers to use primary sources to support their work. These include white papers, government data, original reporting, and interviews with industry experts. We also reference original research from other reputable publishers where appropriate. You can learn more about the standards we follow in producing accurate, unbiased content in our editorial policy.
  1. Yahoo! Finance. "."

  2. Economicshelp.org. "."

  3. Federal Trade Commission. "."

  4. Cornell Law School Legal Information Institute. "."

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