Cartel Case Against German Automakers Unlikely To Succeed

Law360, New York (September 7, 2017, 1:01 PM EDT) -- Someone has just dropped the C-bomb and you are wondering what it means for the industry. "Cartel" — it’s a scary word that suggests enormous legal battles and can shake confidence in a stock. A successful antitrust case against a cartel can mean huge liabilities.

However, these days most companies have strict antitrust compliance programs and outright collusion cases are rare. Most intercompany communications are either benign or attempts at healthy cooperation. So how do you tell the difference between kosher cooperation and illegal collusion?

Over the years antitrust law has evolved from a sledgehammer to a more nuanced jackhammer. Antitrust...

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