> Price fixing is legal as long as your are doing it in the open.
In the U.S., competitors are allowed to act in similar ways in response to economic realities, as long as they each arrive at that decision independently. But publicly anchoring your price to a competitor’s is potentially illegal.
> Price fixing is an agreement (written, verbal, orinferred from conduct) among competitors to raise, lower, maintain, or stabilize prices or price levels.
[Emphasis added]
https://www.ftc.gov/advice-guidance/competition-guidance/gui...
Identical prices are often a sign of intense competition. Every gas station on a corner has the same price because it's a highly competitive market not because of collusion. The prices of the much more lucrative chocolate bars inside the gas stations are less likely to be identical.
Yes, the gas station example is directly cited in the article I linked to. It’s legal for a gas station owner, with knowledge and consideration of a competitor’s price, to reduce their price to the same or just below. What is illegal is for nominally-competing gas station owners in an area to conspire to keep their prices within a range of each other’s, even without explicit agreement.
The article you linked seems to indicate that there has to be active communication between the gas station owners for there to be collusion.
When I worked at a gas station as a teenager there was definitely an unspoken implicit agreement that the price of gas would be 6 cents/liter above wholesale IIRC. Which was highly competitive and didn't completely cover costs.
"Every gas station on a corner has the same price because it's a highly competitive market not because of collusion."
Huh? I can go to most any gas station-occupied intersection and you will always find two that match and one (usually a Persian-owned Chevron) which is consistently a dollar or more higher per gallon across all grades of fuel.
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