Information Exchange In Criminal Antitrust Cases: How Economic Testimony Can Tip The Scales

Over the past few years, the Antitrust Division of the Department of Justice has brought criminal cases built primarily around information exchanges among competitors. Information exchanges are not illegal by themselves, even when competitors share sensitive, nonpublic information. But they may give rise to inferences that illegal conduct is occurring. The ambiguity that typically surrounds information exchanges makes criminal prosecutions ripe for economic evidence. This article considers three