AND · 15usc1:commerce
Under Summit Health, Ltd. v. Pinhas (500 U.S. 322 (1991)) and McLain v. Real Estate Board of New Orleans (444 U.S. 232 (1980)), satisfied if the restraint is either "in" interstate commerce or concerns general business activities that have a "not insubstantial effect" on interstate commerce (and for foreign commerce, subject to the Foreign Trade Antitrust Improvements Act, 15 U.S.C. § 6a).
Exact element source
among the several States, or with foreign nationsSource:
docroot/ir/usc/title15.jsonl#title15_sec1; Unicode character offsets [169:218] (end exclusive); SHA-256 9c248965c2c712de1e3f3d52a17be4c90dfdcac5d3f9fea0b7220b164e2c2973.Routes and case patterns
| Route | Definition | Merits instance blocks | Distinct merits cases | Examples (up to 3 cases per count group) |
|---|---|---|---|---|
| Unclassified route provisional; 12 observed cases | no definition yet | 0 Satisfied 0; not satisfied 0; excluded context 12 | 0 | Used only in non-merits blocks (12). Excluded context examples:North Jackson Pharmacy, Inc. v. Caremark Rx, Inc. — 385 F. Supp. 2d 740 (2005) · United States District Court for the Northern District of Illinois · 2005 — not reached · basis not recorded (15usc1: author: Fable · QA: PASS (QA1, neov2/qa/cases-v1-QA1.md)) · rule-announced/merits · not counted In re Interest Rate Swaps Antitrust Litig. — 351 F. Supp. 3d 698 (2018) · United States District Court for the Southern District of New York · 2018 — not reached · basis not recorded (15usc1: author: Fable · historical QA: PASS (QA2, neov2/qa/cases-QA2.md) · changed after review; current content not independently reviewed) · applied/merits · not counted Levine v. Central Florida Medical Affiliates, Inc. — 864 F. Supp. 1175 (1994) · United States District Court for the Middle District of Florida · 1994 — not reached · basis not recorded (15usc1: author: Fable · not independently reviewed) · applied/merits · not counted |
How courts decided this element
| Case | Element | Holding and scope | Pattern | Exact source quotations |
|---|---|---|---|---|
| North Jackson Pharmacy, Inc. v. Caremark Rx, Inc. — 385 F. Supp. 2d 740 (2005) · United States District Court for the Northern District of Illinois · 2005 — not reached (15usc1: author: Fable · QA: PASS (QA1, neov2/qa/cases-v1-QA1.md)) | Restraint of trade or commerce among the several States or with foreign nations | not_reached Excluded from merits counts rule-announced / merits | Unspecified route | No source quotation recorded for this block. |
| In re Interest Rate Swaps Antitrust Litig. — 351 F. Supp. 3d 698 (2018) · United States District Court for the Southern District of New York · 2018 — not reached (15usc1: author: Fable · historical QA: PASS (QA2, neov2/qa/cases-QA2.md) · changed after review; current content not independently reviewed) | Restraint of trade or commerce among the several States or with foreign nations | not_reached Excluded from merits counts applied / merits | Unspecified route | No source quotation recorded for this block. |
| Levine v. Central Florida Medical Affiliates, Inc. — 864 F. Supp. 1175 (1994) · United States District Court for the Middle District of Florida · 1994 — not reached (15usc1: author: Fable · not independently reviewed) | Restraint of trade or commerce among the several States or with foreign nations | not_reached Excluded from merits counts applied / merits | Unspecified route | No source quotation recorded for this block. |
| Ford Motor Co. v. Webster's Auto Sales, Inc. — 361 F.2d 874 (1966) · United States Court of Appeals for the First Circuit · 1966 — not reached (15usc1: author: Fable · historical QA: PASS (QA2, neov2/qa/cases-QA2.md) · changed after review; current content not independently reviewed) | Restraint of trade or commerce among the several States or with foreign nations | not_reached Excluded from merits counts applied / merits | Unspecified route | No source quotation recorded for this block. |
| Harvey v. Fearless Farris Wholesale, Inc. — 589 F.2d 451 (1979) · United States Court of Appeals for the Ninth Circuit · 1979 — not reached (15usc1: author: Fable · not independently reviewed) | Restraint of trade or commerce among the several States or with foreign nations | not_reached Excluded from merits counts applied / merits | Unspecified route | No source quotation recorded for this block. |
| United States v. Cooperative Theatres of Ohio, Inc. — 845 F.2d 1367 (1988) · United States Court of Appeals for the Sixth Circuit · 1988 — not reached (15usc1: author: Fable · historical QA: PASS (QA2, neov2/qa/cases-QA2.md) · changed after review; current content not independently reviewed) | Restraint of trade or commerce among the several States or with foreign nations | not_reached Excluded from merits counts applied / merits | Unspecified route | No source quotation recorded for this block. |
| Systemcare, Inc. v. Wang Laboratories Corp. — 117 F.3d 1137 (1997) · United States Court of Appeals for the Tenth Circuit · 1997 — not reached (15usc1: author: Fable · not independently reviewed) | Restraint of trade or commerce among the several States or with foreign nations | not_reached Excluded from merits counts rule-announced / merits | Unspecified route | No source quotation recorded for this block. |
| Tunica Web Advertising v. Tunica Casino Operators Ass'n — 496 F.3d 403 (2007) · United States Court of Appeals for the Fifth Circuit · 2007 — not reached (15usc1: author: Fable · QA: PASS (QA1, neov2/qa/cases-v1-QA1.md)) | Restraint of trade or commerce among the several States or with foreign nations | not_reached Excluded from merits counts applied / merits | Unspecified route | No source quotation recorded for this block. |
| Texaco Inc. v. Dagher — 547 U.S. 1 (2006) · Supreme Court of the United States · 2006 — not reached (15usc1: author: Fable · historical QA: PASS (QA1, neov2/qa/cases-QA1.md) · changed after review; current content not independently reviewed) | Restraint of trade or commerce among the several States or with foreign nations | not_reached Excluded from merits counts applied / merits | Unspecified route | No source quotation recorded for this block. |
| Bell Atlantic Corp. v. Twombly — 550 U.S. 544 (2007) · Supreme Court of the United States · 2007 — not reached (15usc1: author: Fable · QA: PASS (QA1, neov2/qa/cases-v1-QA1.md)) | Restraint of trade or commerce among the several States or with foreign nations | not_reached Excluded from merits counts applied / merits | Unspecified route | No source quotation recorded for this block. |
| Leegin Creative Leather Products, Inc. v. PSKS, Inc. — 551 U.S. 877 (2007) · Supreme Court of the United States · 2007 — not reached (15usc1: author: Fable · not independently reviewed) | Restraint of trade or commerce among the several States or with foreign nations | not_reached Excluded from merits counts rule-announced / merits | Unspecified route | No source quotation recorded for this block. |
| American Needle, Inc. v. National Football League — 560 U.S. 183 (2010) · Supreme Court of the United States · 2010 — not reached (15usc1: author: Fable · historical QA: PASS (QA1, neov2/qa/cases-v1-QA1.md) · changed after review; current content not independently reviewed) | Restraint of trade or commerce among the several States or with foreign nations | not_reached Excluded from merits counts applied / merits | Unspecified route | 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.”
Systemcare, Inc. v. Wang Laboratories Corp. — 117 F.3d 1137 (1997) · United States Court of Appeals for the Tenth Circuit · 1997 (15usc1: author: Fable · not independently reviewed)
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.Under Summit Health, Ltd. v. Pinhas (500 U.S. 322 (1991)) and McLain v. Real Estate Board of New Orleans (444 U.S. 232 (1980)), satisfied if the restraint is either "in" interstate commerce or concerns general business activities that have a "not insubstantial effect" on interstate commerce (and for foreign commerce, subject to the Foreign Trade Antitrust Improvements Act, 15 U.S.C. § 6a).