AND · 15usc1:restraint
Because every commercial contract restrains trade in some literal sense, § 1 outlaws only *unreasonable* restraints of trade (Standard Oil Co. v. United States, 221 U.S. 1 (1911); State Oil Co. v. Khan, 522 U.S. 3, 10 (1997)), evaluated via one of three analytical modes (`restraint.per-se`, `restraint.quick-look`, or `restraint.rule-of-reason`).
Exact element source
in restraint of trade or commerceSource:
docroot/ir/usc/title15.jsonl#title15_sec1; Unicode character offsets [135:168] (end exclusive); SHA-256 9c248965c2c712de1e3f3d52a17be4c90dfdcac5d3f9fea0b7220b164e2c2973.All variants
| Variant | Description | Merits instance blocks | Distinct cases | Example cases (up to 3 per group) |
|---|---|---|---|---|
| Unspecified variant | No variant assigned in the database. | 0 Satisfied 0; not satisfied 0; excluded context 4 | 0 | No counted merits examples Excluded context examples: /f-supp-3d/351/0698-01 — United States District Court for the Southern District of New York · 2018 — applied/merits; /f2d/589/0451-01 — United States Court of Appeals for the Ninth Circuit · 1979 — applied/merits; /f3d/117/1137-01 — United States Court of Appeals for the Tenth Circuit · 1997 — rule-announced/merits |
How courts decided this element
| Case | Element | Holding and scope | Variant | Exact source quotations |
|---|---|---|---|---|
| /f-supp-3d/351/0698-01 — United States District Court for the Southern District of New York · 2018 | Unreasonable restraint of trade (Standard Oil Co. v. United States) | not_reached Excluded from merits counts applied / meritsMode of analysis and anticompetitive effect of the alleged boycott are not discussed here (the court relies on its earlier decision, 261 F.Supp.3d 430). | Unspecified variant | No source quotation recorded for this block. |
| /f2d/589/0451-01 — United States Court of Appeals for the Ninth Circuit · 1979 | Unreasonable restraint of trade (Standard Oil Co. v. United States) | not_reached Excluded from merits counts applied / meritsCourt notes plaintiffs would ultimately have to prove an unreasonable restraint (refusal to supply during the 1973 gasoline shortage) but disposes of the claim at the conspiracy threshold. | Unspecified variant | No source quotation recorded for this block. |
| /f3d/117/1137-01 — United States Court of Appeals for the Tenth Circuit · 1997 | Unreasonable restraint of trade (Standard Oil Co. v. United States) | not_reached Excluded from merits counts rule-announced / meritsWang's market-power and no-conditioning arguments were raised below but not decided by the district court, panel, or en banc court; left for remand. | Unspecified variant | A tying arrangement constitutes an unreasonable restraint of trade if “the seller has ‘appreciable economic power’ in the tying product market and if the arrangement affects a substantial volume of commerce in the tied market.”Source: docroot/ir/caselaw/f3d_117.jsonl#/f3d/117/1137-01; Unicode character offsets [5624:5851] (end exclusive); SHA-256 a36344b321af95e0282badf90b0d6556447e8cb9d2f401ed27f3a27a49607f8d. |
| /us/550/0544-01 — Supreme Court of the United States · 2007 | Unreasonable restraint of trade (Standard Oil Co. v. United States) | not_reached Excluded from merits counts applied / meritsMarket allocation among competitors would be a classic per se restraint if an agreement were adequately alleged; nobody disputed the substantive law. | Unspecified variant | No source quotation recorded for this block. |
Court interpretations
interpretation
A tying arrangement constitutes an unreasonable restraint of trade if “the seller has ‘appreciable economic power’ in the tying product market and if the arrangement affects a substantial volume of commerce in the tied market.”
/f3d/117/1137-01 — United States Court of Appeals for the Tenth Circuit · 1997
A tying arrangement constitutes an unreasonable restraint of trade if “the seller has ‘appreciable economic power’ in the tying product market and if the arrangement affects a substantial volume of commerce in the tied market.”Source:
docroot/ir/caselaw/f3d_117.jsonl#/f3d/117/1137-01; Unicode character offsets [5624:5851] (end exclusive); SHA-256 a36344b321af95e0282badf90b0d6556447e8cb9d2f401ed27f3a27a49607f8d.Because every commercial contract restrains trade in some literal sense, § 1 outlaws only *unreasonable* restraints of trade (Standard Oil Co. v. United States, 221 U.S. 1 (1911); State Oil Co. v. Khan, 522 U.S. 3, 10 (1997)), evaluated via one of three analytical modes (`restraint.per-se`, `restraint.quick-look`, or `restraint.rule-of-reason`).
interpretation
2d 168 (1993) ("Even an act of pure malice by one business competitor against another does not, without more, state a claim under the federal antitrust laws"); 3 AREEDA & HOVENKAMP , ANTITRUST LAW supra, P651d, at 80 ("In the presence of substantial market power, some kinds of tortious behavior could anticompetitively create or sustain a monopoly, [but] it is wrong categorically to condemn such practices .
2d 168 (1993) ("Even an act of pure malice by one business competitor against another does not, without more, state a claim under the federal antitrust laws"); 3 AREEDA & HOVENKAMP , ANTITRUST LAW supra, P651d, at 80 ("In the presence of substantial market power, some kinds of tortious behavior could anticompetitively create or sustain a monopoly, [but] it is wrong categorically to condemn such practices .Source:
docroot/ir/caselaw/f_supp_3d_377.jsonl#/f-supp-3d/377/0506-01; Unicode character offsets [28564:28973] (end exclusive); SHA-256 8fee9334f8a023bc551820e848c61bbe5abc1278d90533adce759ca603a26796.Because every commercial contract restrains trade in some literal sense, § 1 outlaws only *unreasonable* restraints of trade (Standard Oil Co. v. United States, 221 U.S. 1 (1911); State Oil Co. v. Khan, 522 U.S. 3, 10 (1997)), evaluated via one of three analytical modes (`restraint.per-se`, `restraint.quick-look`, or `restraint.rule-of-reason`).