neochart v2 research

cases/15usc1/ELEMENTS

Source: cases/15usc1/ELEMENTS

Exact source text

# 15 U.S.C. § 1 (Sherman Act § 1) -- provisional element vocabulary.
agreement     "contract, combination ... or conspiracy": concerted action between separate economic actors (plurality; proof/pleading of agreement)
restraint     unreasonable "restraint of trade": mode of analysis (per se / quick look / rule of reason) and the anticompetitive effect; sub: restraint.per-se, restraint.rule-of-reason, restraint.market-power
commerce      "trade or commerce among the several States, or with foreign nations"
intent        criminal prosecutions: knowing participation / intent
injury        private suit (Clayton Act §4/§16): antitrust injury, fact of damage
standing      private suit: antitrust standing / proper plaintiff (directness, indirect purchaser)