Richard Brosnick co-wrote an article for the ABA’s Perspectives newsletter examining the whether future pricing announcements could lead to a conspiracy in a concentrated market.
“To the extent that the practice of price announcements is supported by business necessity or another legitimate business rationale, it is contrary to both economic logic and the weight of case law to consider such announcements as a probative ‘plus factor’ sufficient to make the existence of collusion more likely,” Brosnick wrote