Sherman Act Section 1
John sherman its principal author.
Sherman act section 1. The sherman antitrust act of 1890. 1 the government must prove three essential elements. The defendant knowingly joined the charged conspiracy. Section 1 of the sherman antitrust act prohibits agreements in restraint of trade such as price fixing refusals to deal bid rigging etc.
Trusts etc in restraint of trade illegal. The sherman antitrust act of 1890 26 stat. Legislation which outlawed trusts then understood to mean monopolies and cartels to increase economic competitiveness. 1 3 or alleging a violation of any similar state law based on conduct covered by a currently effective antitrust leniency agreement the amount of damages recovered by or on behalf of a claimant from an antitrust leniency applicant who satisfies the requirements of subsection.
The charged conspiracy was knowingly formed and was in existence at or about the time alleged. 1 7 is a united states antitrust law that regulates competition among enterprises which was passed by congress under the presidency of benjamin harrison it is named for sen. The sherman antitrust act 1890 section 1. An unlawful agreement under section 1 must be a contract combination or a conspiracy involving separate actors.
This chapter includes among other statutory provisions the sherman act comprising sections 1 to 7 of this title the clayton act comprising sections 12 13 14 to 19 20 21 and 22 to 27 of this title and sections 52 and 53 of title 29 labor the wilson tariff act comprising sections 8 and 9 of this title the robinson patman price discrimination act comprising sections 13 13a 13b and. To establish a criminal violation of section 1 of the sherman act 15 u s c. Section 1 and section 2. The sherman act broadly prohibits 1 anticompetitive agreements and 2 unilateral conduct that monopolizes or.
Section 1 of the sherman act addresses only concerted activity as opposed to the unilateral actions of a single firm which are governed by other antitrust statutes. The sherman antitrust act is landmark 1890 u s. The parties involved might be competitors customers or a combination of. The sherman antitrust act one of the first major business regulatory attempts after the civil war is broken down into two main parts.
The sherman antitrust act was passed in 1890 after widespread growth of trusts in the 1880 s. The sherman act home alphabetic chronological legal area product full text search key statutes glossary links antitrust org the sherman antitrust act 1890 section 1. Elements of the offense. Penalty every contract combination in the form of trust or otherwise or conspiracy in restraint of trade or.
Subject to subsection d in any civil action alleging a violation of section 1 or 3 of the sherman act 15 u s c.