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Tacit Collusion: The Unwritten Rules of Competitive Behavior
Definition & Meaning
Tacit collusion refers to an unspoken agreement between firms in an oligopoly to avoid engaging in aggressive competition. Unlike explicit collusion, where firms openly communicate their strategies, tacit collusion occurs when companies align their behaviors without direct communication. This often involves practices such as refraining from price cuts or excessive advertising, allowing a price leader to emerge. The price leader sets a general price that other firms follow, creating a stable market environment.
Table of content
Legal Use & context
Tacit collusion is relevant in the context of antitrust law, which aims to promote fair competition and prevent monopolistic practices. Legal practitioners may encounter tacit collusion when analyzing market behaviors or assessing potential anti-competitive actions among businesses. Users can manage certain aspects of antitrust compliance through legal forms available on platforms like US Legal Forms, which provide templates for documenting competitive practices and agreements.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: Two major airlines may decide not to lower their ticket prices during a peak travel season, even without a formal agreement. This behavior benefits both firms by maintaining higher profit margins.
Example 2: A group of soft drink manufacturers may refrain from launching aggressive advertising campaigns during a specific period, leading to a stable market share for each company. (hypothetical example)
Comparison with related terms
Term
Definition
Key Difference
Tacit Collusion
Unspoken agreement among firms to limit competition.
No explicit communication or agreement.
Explicit Collusion
Direct communication and agreements between firms to fix prices or limit production.
Involves formal agreements and communication.
Price Fixing
Agreement among competitors to set prices at a certain level.
Always involves explicit agreements.
Common misunderstandings
What to do if this term applies to you
If you believe tacit collusion may affect your business practices, consider reviewing your competitive strategies. It may be beneficial to consult with a legal professional who specializes in antitrust law. Additionally, you can explore US Legal Forms for templates that can help you document your competitive practices and ensure compliance with relevant laws.
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