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were simply becoming too powerful. The result was the Sherman Antitrust Act of 1890,
                                                                                         Antitrust policy involves efforts by
             which was intended both to prevent the creation of more monopolies and to break up
                                                                                         the government to prevent oligopolistic
             existing ones. At first this law went largely unenforced. But over the decades that fol-
                                                                                         industries from becoming or behaving like
             lowed, the federal government became increasingly committed to making it difficult  monopolies.
             for oligopolistic industries either to become monopolies or to behave like them. Such
             efforts are known to this day as antitrust policy.
               One of the most striking early actions of antitrust policy was the breakup of Standard
             Oil in 1911. Its components formed the nuclei of many of today’s large oil companies—
             Standard Oil of New Jersey became Exxon, Standard Oil of New York became Mobil, and
             so on. In the 1980s a long-running case led to the breakup of Bell Telephone, which once                  Section 12 Market Structures: Imperfect Competition
             had a monopoly on both local and long-distance phone service in the United States. As
             we mentioned earlier, the Justice Department reviews proposed mergers between compa-
             nies in the same industry and will bar mergers that it believes will reduce competition.
               Among advanced countries, the United States is unique in its long tradition of an-
             titrust policy. Until recently, other advanced countries did not have policies against price-  AP Photo/Paul Sakuma
             fixing, and some even supported the creation of cartels, believing that it would help their
             own firms compete against foreign rivals. But the situation has changed radically over
             the past 20 years, as the European Union (EU)—an international body with the duty of
             enforcing antitrust policy for its member countries—has converged toward U.S. practices.
             Today, EU and U.S. regulators often target the same firms because price-fixing has “gone
             global” as international trade has expanded. During the early 1990s, the United States in-  AP Photo/David Zalubowski
             stituted an amnesty program in which a price-fixer receives a much-reduced penalty if it
             provides information on its co-conspirators. (Remember that the Great Vitamin Con-
             spiracy was busted when a French company, Rhone-Poulenc, revealed the cartel in order
             to get favorable treatment from U.S. regulators.) In addition, Congress substantially in-
             creased maximum fines levied upon conviction. These two new policies clearly made in-
             forming on cartel partners a dominant strategy, and it has paid off: in recent years,
             executives from Belgium, Britain, Canada, France, Germany, Italy, Mexico, the Nether-
             lands, South Korea, and Switzerland, as well as from the United States, have been con-
             victed in U.S. courts of cartel crimes. As one lawyer commented, “You get a race to the
             courthouse” as each conspirator seeks to be the first to come clean.       AP Photo/Donna McWilliam
               Life has gotten much tougher over the past few years if you want to operate a cartel.
             So what’s an oligopolist to do?

             Tacit Collusion and Price Wars                                              In 1911, Standard Oil was broken up into
                                                                                         34 separate companies, 3 of which later
                                                                                         became Chevron, Conoco, and Exxon.
             If real life were as simple as our lysine story, it probably wouldn’t be necessary for the
             company presidents to meet or do anything that could land them in jail. Both firms
             would realize that it was in their mutual interest to restrict output to 30 million
             pounds each and that any short-term gains to either firm from producing more would
             be much less than the later losses as the other firm retaliated. So even without any ex-
             plicit agreement, the firms would probably have achieved the tacit collusion needed to
             maximize their combined profits.
               Real industries are nowhere near that simple; nonetheless, in most oligopolistic in-
             dustries, most of the time, the sellers do appear to succeed in keeping prices above their
             noncooperative level. Tacit collusion, in other words, is the normal state of oligopoly.
               Although tacit collusion is common, it rarely allows an industry to push prices all
             the way up to their monopoly level; collusion is usually far from perfect. A variety of
             factors make it hard for an industry to coordinate on high prices.

             Large Numbers
             Suppose that there were three instead of two firms in the lysine industry and that each
             was currently producing only 20 million pounds. In that case any one firm that de-
             cided to produce an extra 10 million pounds would gain more in short-term profits—
             and lose less once another firm responded in kind—than in our original example
             because it has fewer units on which to feel the price effect. The general point is that the

                                                                       module 66       Oligopoly in Practice    653
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