"' Conscious parallelism "'is a term used in competition law to describe pricing strategies among competitors in an oligopoly that occurs without an actual agreement between the players.
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Circumstantial evidence of consciously parallel behavior may have made heavy inroads into the traditional judicial attitude toward conspiracy, but " conscious parallelism " has not yet read conspiracy out of the Sherman Act entirely.
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"There is a sort of conscious parallelism going on, in that a quick, easy settlement benefits the company and benefits the lawyers, " said Boston attorney Jonathan Shapiro, who represents about 100 objectors.
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Antitrust Law Journal ", saw " Masonite " as a " major step in expanding the " Interstate Circuit " concept of conscious parallelism, " in that ( he asserted ) it eliminated the requirement of interdependence among the spokes.
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It does not work in refusal-to-deal cases, he points out, because it is impossible to tell whether a buyer acquiesces in a seller's demand in order to avoid the seller's unilaterally refusing to deal with him if he does not acquiesce, " only to get the product, not caring what others do, " or instead does so because " it is necessary that all dealers adhere to the seller's wishes for the restrictive plan to succeed . " It is thus " practicably impossible to determine whether the conscious parallelism was dependent or interdependent, in the sense that there was or was not a unity of anticompetitive purpose among the seller and acquiescing dealers . " Day concludes that a better legal test " must be found if there is to be any positive means for distinguishing between lawful and unlawful refusals to deal ."
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