Restraint of trade or commerce among the several States or with foreign nations

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 nations

Source: docroot/ir/usc/title15.jsonl#title15_sec1; Unicode character offsets [169:218] (end exclusive); SHA-256 9c248965c2c712de1e3f3d52a17be4c90dfdcac5d3f9fea0b7220b164e2c2973.

All variants

Recorded DB variant labels, including zero-count 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 12	0	No counted merits examples Excluded context examples: /f-supp-2d/385/0740-01 — United States District Court for the Northern District of Illinois · 2005 — rule-announced/merits; /f-supp-3d/351/0698-01 — United States District Court for the Southern District of New York · 2018 — applied/merits; /f-supp/864/1175-01 — United States District Court for the Middle District of Florida · 1994 — applied/merits

How courts decided this element

Annotation blocks, including explicitly excluded context
Case	Element	Holding and scope	Variant	Exact source quotations
/f-supp-2d/385/0740-01 — United States District Court for the Northern District of Illinois · 2005	Restraint of trade or commerce among the several States or with foreign nations	not_reached Excluded from merits counts rule-announced / merits	Unspecified variant	No source quotation recorded for this block.
/f-supp-3d/351/0698-01 — United States District Court for the Southern District of New York · 2018	Restraint of trade or commerce among the several States or with foreign nations	not_reached Excluded from merits counts applied / merits	Unspecified variant	No source quotation recorded for this block.
/f-supp/864/1175-01 — United States District Court for the Middle District of Florida · 1994	Restraint of trade or commerce among the several States or with foreign nations	not_reached Excluded from merits counts applied / merits	Unspecified variant	No source quotation recorded for this block.
/f2d/361/0874-01 — United States Court of Appeals for the First Circuit · 1966	Restraint of trade or commerce among the several States or with foreign nations	not_reached Excluded from merits counts applied / merits	Unspecified variant	No source quotation recorded for this block.
/f2d/589/0451-01 — United States Court of Appeals for the Ninth Circuit · 1979	Restraint of trade or commerce among the several States or with foreign nations	not_reached Excluded from merits counts applied / merits	Unspecified variant	No source quotation recorded for this block.
/f2d/845/1367-01 — United States Court of Appeals for the Sixth Circuit · 1988	Restraint of trade or commerce among the several States or with foreign nations	not_reached Excluded from merits counts applied / merits	Unspecified variant	No source quotation recorded for this block.
/f3d/117/1137-01 — United States Court of Appeals for the Tenth Circuit · 1997	Restraint of trade or commerce among the several States or with foreign nations	not_reached Excluded from merits counts rule-announced / merits	Unspecified variant	No source quotation recorded for this block.
/f3d/496/0403-01 — United States Court of Appeals for the Fifth Circuit · 2007	Restraint of trade or commerce among the several States or with foreign nations	not_reached Excluded from merits counts applied / merits	Unspecified variant	No source quotation recorded for this block.
/us/547/0001-01 — Supreme Court of the United States · 2006	Restraint of trade or commerce among the several States or with foreign nations	not_reached Excluded from merits counts applied / merits	Unspecified variant	No source quotation recorded for this block.
/us/550/0544-01 — Supreme Court of the United States · 2007	Restraint of trade or commerce among the several States or with foreign nations	not_reached Excluded from merits counts applied / merits	Unspecified variant	No source quotation recorded for this block.
/us/551/0877-01 — Supreme Court of the United States · 2007	Restraint of trade or commerce among the several States or with foreign nations	not_reached Excluded from merits counts rule-announced / merits	Unspecified variant	No source quotation recorded for this block.
/us/560/0183-01 — Supreme Court of the United States · 2010	Restraint of trade or commerce among the several States or with foreign nations	not_reached Excluded from merits counts applied / merits	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.