Antitrust and Trade Regulation Commons^™

Antitrust Law--Restraint Of Trade--Antitrust Implications Of The Exchange Of Price Information Among Competitors: The Container Corporation Case, Michigan Law Review

Michigan Law Review

Traditionally, it has not proved difficult to find policy considerations which justify the existence of programs of price information exchange among competitors. There has been widespread agreement that businessmen require knowledge of all the economic forces which affect their operations. Justice Holmes once said: "I should have thought that the ideal of commerce was an intelligent interchange made with full knowledge of the facts as a basis for the forecast of the future on both sides." Similarly, Justice Brandeis commented that "[t]he Sherman Law ... certainly does not command that competition shall be pursued blindly, that business rivals shall remain …