| Summary: | 碩士 === 中國文化大學 === 法律學系 === 105 === Firms of oligopoly market usually behave similarly especially on price-fixing, because of the particular structure of the market in which firms interact with each other intensely. By Game Theory, we could find the above assumption proved.
Regarding the element of horizontal cartel, the theory of Facilitating Devices is exercised in practice due to the difficulty of proving the existence of “agreement.” When facilitating devices exist, governments or court regard them as evidence to prove that there is cartel agreement between firms, and concludes that the firm violate the Fair Trade Law because of their illegal concerted action.
However, there are still arguments between scholars. In addition to economical evidences, what is the value of Rechtsdogmatik? Where is the role played by Jurisprudence?
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