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have you ever driven past an intersection with three or four different gas stations all with the same price for a gallon of gas coincidence probably not conscious parallelism definitely conscious parallelism also called tacit collusion refers to businesses deliberately matching their competitors conduct as opposed to an explicit agreement in the case of in-ray text messaging anti-trust litigation the seventh circuit considered whether conscious parallelism violates the sherman act in 2009 consumers filed a class action suit alleging that four major wireless network providers conspired to increase the price of their pay-per-use text messaging services in violation of section 1 of the sherman act consumers presented evidence that the providers supplied 90 of the u.s text messaging services and regularly attended trade association meetings where they exchanged pricing information the consumers also showed that the providers uniformly changed pricing structures and simultaneously increased
