Ten guidelines for managing the risks of collaboration

04/01/2013
These guidelines can help oil and gas operators manage the antitrust risks of collaborations with competitors: 1. Avoid potential per se violations. Be especially careful when considering any agreement not to compete on price or for any particular business. All such agreements raise the risk of being condemned under rule-of-reason if not per se analysis (and, depending upon the parties' intent, potentially prosecuted criminally). 2. Remember that intent matters. When entering agreements with competitors, consider carefully whether their true purpose is to increase price, reduce purchase costs, and or eliminate competition or to create some legitimate, procompetitive benefit. Such benefits...
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