Venable Professor of Law Robert Lande co-wrote an op-ed that appeared May 27 in USA Today.
In “DOJ has the power to crush price-fixers,” the authors say that despite the Department of Justice’s efforts, “corporate collusion is often still profitable net of fines and damages. Moreover, evidence suggests that many companies encourage their employees to engage in this lucrative but illegal activity by re-employing them upon their release from prison.”
The four authors — Lande, Douglas H. Ginsburg, Joshua Wright and Albert Foer — write that they are known in antitrust circles for the points on which they disagree. They added: “We do agree, however, that price fixing among competitors is bad for consumers — who pay artificially elevated prices — and is inadequately deterred, with too many price-fixing cartels continuing to operate despite ever-increasing sanctions.”
The authors write that it is time to focus on the individuals who take part, on behalf of their employers, in illegal cartels and offer specific recommendations to the DOJ’s Antitrust Division.
Lande is a director of the American Antitrust Institute. Ginsburg is a senior judge on the U.S. Court of Appeals for the D.C. Circuit, a professor of law and the chairman of the Global Antitrust Institute at George Mason University. Wright, a commissioner on the Federal Trade Commission, has been a law professor at George Mason University. Foer is the founder and a senior fellow of the American Antitrust Institute.