A Sherman Act - General
1 Purpose 2
2 Sherman Act Section 1 3
3 Rule of Reason 4
3B Proof of Competitive Harm 6
3C Evidence of Competitive Benefits 10
3D Balancing the Competitive Effects 12
4 Interstate Commerce 13
5 Foreign Commerce 15
B Sherman Act - Section 1
Contract, Combination or Conspiracy
1 Definition, Existence and Evidence 2
2 Conscious Parallelism 7
3 Corporations 10
4 Participation and Intent 13
5 Withdrawal 16
Horizontal Price Fixing
1 General Elements 19
2 Pricing Agreement Ancillary to Lawful Integration of Economic Activities 22
3 Existence of a Conspiracy 25
4 Good Intent Not a Defense 26
5 Reasonableness of Prices No Excuse 27
6 Evidence of Competition 28
7 Evidence of Price Charged 29
8 Evidence of Similarity 30
9 Evidence of Exchange of Price Information 32
10 Price Fixing by Exchange of Price Information 34
Horizontal Non-Price Restraints
1 Existence of Conspiracy 38
2 Allocation of Customers 39
3 Allocation of Territories 42
4 Allocation of Product Markets 45
5 Agreement to Limit Production 48
6 Group Boycott - Elements of Per se Unlawful Horizontal Concerted Refusal to Deal 50
7 Group Boycott - Elements of Per se Unlawful Concerted Refusal to Deal on Nondiscriminatory Terms 54
8 Associations - Exclusion 57
9 Associations - Liability of Association for Acts of an Agent 60
10 Associations - Liability of Member for Acts of Association 62
11 Collaborative Purchasing Arrangement 63
Vertical Price Restraints
1 Minimum Resale Price Fixing Defined 67
2 Elements of Minimum Resale Price Fixing 69
3 Agreement (Comment and Reference to Other Instructions) 71
4 Suggested Resale Prices 72
5 Unilateral Action - Colgate Doctrine 74
6 Responding to Supplier's Price Changes 77