The First Infringer Advantage:  It’s Hard to Compete with (Free) Opt-Out as Price Fixing Collusion

The First Infringer Advantage:  It’s Hard to Compete with (Free) Opt-Out as Price Fixing Collusion

Under both U.S. and UK competition law, an agreement among confederates to drive the price of content to zero might be considered price-fixing or anti-competitive collusion. Even though they might not be fixing a specific price (e.g., they may be offering at least some output content for free), the effect of such an agreement would likely harm competition by driving competitors out of the market, reducing consumer choice, and potentially leading…