15 U.S.C. § 1 · A outline

A · Element outline

Labels preserve the recorded AND / OR / EXCEPTION / DEFENSE structure.

Claim structure

Expression key: & = AND; | = OR; ! = exclusion / negation. Parentheses preserve grouping.

15usc1:civil

agreement & restraint & (restraint.per-se | restraint.quick-look | restraint.rule-of-reason) & commerce & injury & standing & !x-single-entity & !state-action-immunity & !statute-of-limitations & !x-law-of-the-case

Private civil antitrust action via Clayton Act §§ 4 and 16 (15 U.S.C. §§ 15, 26): requires concerted action between separate economic decisionmakers, an unreasonable restraint of trade evaluated under the applicable mode of analysis (per se, quick look, or rule of reason), interstate/foreign commerce nexus, antitrust injury, and antitrust standing.

15usc1:criminal

agreement & (restraint.per-se | restraint.rule-of-reason) & commerce & intent & !x-single-entity & !statute-of-limitations

Criminal felony prosecution under the second sentence of 15 U.S.C. § 1: per-se and non-per-se routes remain available. United States v. U.S. Gypsum Co., 438 U.S. 422 (1978), requires proof of the appropriate criminal intent for a non-per-se restraint; knowing joinder can suffice for a per-se restraint.

Constraints

Whether an arrangement joins separate economic decisionmakers capable of concerted action (Copperweld / American Needle) is a threshold inquiry separate from whether cooperation is necessary or procompetitive under the Rule of Reason.

In criminal per se prosecutions, intent to restrain trade is satisfied by knowing participation in the conspiracy without separate proof of intent to produce anticompetitive effects.