Examining the Growing Movement to Grant Antitrust Exemptions for Coordinated Behavior
- Author(s):
- John M. Yun
- Posted:
- 05-2026
- Law & Economics #:
- 26-09
- Availability:
- Full text (most recent) on SSRN
ABSTRACT:
This article examines the growing movement among legislators and competition authorities to create antitrust exemptions for coordinated conduct among competitors when such coordination is said to advance broader public policy goals, including environmental sustainability and journalism preservation. Using examples from the United States and Europe, the article explores the tension between traditional antitrust principles—which have long condemned collusion and price fixing—and emerging public-interest approaches to antitrust.
Specifically, this article advances that these exemptions create significant legal and economic risks. In particular, the boundaries of permissible coordination are difficult to define and enforce, exemptions may generate unintended market distortions and rent-seeking behavior, and selectively permitting collusion risks undermining the coherence and legitimacy of antitrust law. The article concludes that special carve-outs are unnecessary because antitrust law already accommodates genuinely procompetitive cooperation under the existing rule of reason framework.
Specifically, this article advances that these exemptions create significant legal and economic risks. In particular, the boundaries of permissible coordination are difficult to define and enforce, exemptions may generate unintended market distortions and rent-seeking behavior, and selectively permitting collusion risks undermining the coherence and legitimacy of antitrust law. The article concludes that special carve-outs are unnecessary because antitrust law already accommodates genuinely procompetitive cooperation under the existing rule of reason framework.