Georgetown Law Journal
A persistent and troublesome question of antitrust policy concerns the proper treatment of practices and behavior related to the provision of information to buyers and sellers. The dissemination of pricing information may be evidence offixing, or it may simply be an efficient market-equilibrating mechanism. In this article, Professor Posner discusses two recent Supreme Court decisions that have addressed this problem and then engages in a general analysis of the problem of information and antitrust. Professor Posner concludes that an exchange of information should be considered lawful without regard to market structure or other factors. When appropriate, however, the trier offact should be permitted to treat exchanges of information as circumstantial evidence of price fixing.
Richard A. Posner, "Information and Antitrust: Reflections on the Gypsum and Engineers Decisions," 67 Georgetown Law Journal 1187 (1978).