简明反垄断法法英文指南/赵庆庆译(12)
一些Detroit-area公司的代理商协定削减他们的营业时间，包括在周六停业。
该协定减少了这些代理商在人们便利的时间内其本应正常提供的服务。从而加大了消费者货比三家的难度。联邦贸易委员会成功地阻止了此项协定的生效。
 A group of dentists refused to make patients’ X-rays available to insurance companies. The FTC maintained that the agreement restricted a service to patients, as well as information that would be relevant to reimbursements. The Supreme Court upheld the FTC’s ruling.
 A group of dentists refused to make patients’ X-rays available to insurance companies. The FTC maintained that the agreement restricted a service to patients, as well as information that would be relevant to reimbursements. 最高法院亦支持了联邦贸易委员会的裁定。
Proving a violation in these kinds of cases depends largely on proving the existence of an agreement. An explicit agreement can be demonstrated through direct evidence -- a document that contains or refers to an agreement, minutes of a meeting that record an agreement among the attendees, or testimony by a person with knowledge of an agreement. But an agreement also can be demonstrated by inference -- a combination of circumstantial evidence, including the fact that competitors had a meeting before they implemented certain practices, records of telephone calls, and signaling behavior -- when one company tells another that it intends to raise prices by a certain amount. This evidence must show that a company’s conduct was more likely the result of an agreement than a unilateral action.
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