One Case That Illustrates the Role of Institutional Analysis in Overcoming the Hostility Tradition in Antitrust
Abstract: The paper demonstrates that even the established and verified facts of agreements among producers are not sufficient condition for cartel identification and, as a consequence, - prosecution of agreements participants. It requires looking at institutional details and the wider context of these and similar documents/actions appearance/occurrence. The research is devoted to the recent antitrust case against all Russian producers of the large diameter pipes (LDPs) on schedules of products delivery for one large buyer – OJSC Gazprom. This case illustrates that avoidance of wasteful outcomes of so-called hostility tradition in antitrust is important, hard and nevertheless possible task.
