Recognized factors include actions against independent self-interest, opportunities to conspire, industry structure facilitating collusion, abrupt uniform changes, and communication among competitors.
No single factor establishes agreement.
Alternative Names:
Plus Factor Evidence|Conspiracy Plus Factors
Why it Matters?
Action against independent self-interest is the most probative factor, since conduct that would be irrational absent coordination is the strongest circumstantial evidence, and rebutting it requires demonstrating a business rationale for the challenged behavior. Opportunity to conspire through trade association meetings is the weakest factor standing alone, since lawful industry gatherings are ubiquitous. Weighting the factors rather than counting them is the analysis.
Frequently Confused with
Related terms
Frequently asked questions
Which factor is most probative?
Which is weakest?
