Difference between revisions of "Sherman Act Section One"

Latest revision as of 20:36, July 4, 2012

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-'''Sherman Act Section One''' prohibits agreements, express or implied, that restrain trade unreasonably.
+#REDIRECT [[Sherman Antitrust Act#Section One]]
-"Every contract, combination in the form of trust or otherwise, or conspiracy, in restraint of trade or commerce among the several States, or with foreign nations, is declared to be illegal. Every person who shall make any contract or engage in any combination or conspiracy hereby declared to be illegal shall be deemed guilty of a felony, and, on conviction thereof, shall be punished by fine not exceeding $10,000,000 if a corporation, or, if any other person, $350,000, or by imprisonment not exceeding three years, or by both said punishments, in the discretion of the court."  15 U.S.C. § 1.
-This law is usually enforced by a lawsuit brought by one company against another.  In such a civil lawsuit, the plaintiff can win only if it proves '''all''' of the following:
-(1) Concerted action by defendants that (2) produce anticompetitive effects within the relevant product and geographic markets; (3) that the concerted action was illegal (unreasonable) and that (4) plaintiff was injured as a proximate result of the concerted action.  See, e.g., ''Gordon v. Lewistown Hosp.'', 423 F.3d 184, 207 (3d Cir. 2005) (citing ''Petruzzi's IGA Supermarkets, Inc. v. Darling-Delaware Co.'', 998 F.2d 1224, 1229 (3d Cir. 1993))
-==See also==
-*[[Sherman Act Section Two]]
-[[Category:United States law]]