Collaborative Relationships: Legal Limits and Antitrust Considerations
本文分析了反垄断法对竞争者间中间治理形式(如战略联盟、混合组织、网络)的忽视,并构建分析框架以澄清当前法律对横向协作的适用,为管理实践、政策制定和研究提供启示。
Competitors are increasingly relying on collaborative relationships guided by intermediate forms of governance (i.e., strategic alliances, hybrids, networks) to find and maintain competitive advantages. In contrast, antitrust analysis has emphasized cartels and joint ventures as the primary modes of collaboration among competitors. This focus overlooks many intermediate forms of governance. This and other trends in antitrust have resulted in confusion over proper treatment of collaborative relationships. The authors examine these trends with the objective of developing an analytical framework that clarifies current law for horizontal collaboration. Implications for managerial practice, policy, and research are provided.