Wednesday, July 7, 2010


Constitutional basis for legislation
Congress derived its power to pass the Sherman Act through its constitutional authority to regulate interstate commerce. Therefore, Federal courts only have jurisdiction to apply the Act to conduct that restrains or substantially affects either interstate commerce or trade within the District of Columbia. This requires the plaintiff must show that the conduct occurred during the flow of interstate commerce or had an appreciable effect on some activity that occurs during interstate commerce.

[edit] Elements
A Section 1 violation has three elements:[16]

An agreement
which unreasonably restrains competition
and which affects interstate commerce.

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Phil Reddish telling on him self