By Lilly Fiedler & Nicholas Frey –
This article discusses the state of the law and the increased regulatory interest in price signaling. The authors consider the recent proposed “soft resolution” of alleged price signaling conduct in relation to container shipping at the EU level and the conclusions that can be drawn from recent price signaling investigations by the German Federal Cartel Office and the UK Competition and Markets Authority. The article argues that while these recent cases suggest that certain price signaling lines in the sand are becoming more “permanent”, there are still a number of areas of uncertainty, which leave the area ripe for judicial challenge.
