Appendix G: Antitrust Checklist

AuthorMatthew J. Kreutzer
Pages383-391
383
The purpose of the antitrust laws is to protect competition. At the federal level,
there are three principal laws that are concerned with anticompetitive behavior:
the Sherman Act,
1
the Clayton Act
2
(as amended by the Robinson‑Patman Act),;
3
and the Federal Trade Commission Act.4 Most states have parallel laws that pro‑
vide a separate basis for attacking anticompetitive conduct.
The summaries and checklists that follow are, like any checklists, overly simpli
ed. They are intended to alert the practitioner to potential issues and provide
some limited guidance for further inquiry.
SECTION 1 OF THE SHERMAN ACT
The Sherman Act proscribes any “contract, combination...or conspiracy in
restraint of trade or commerce.”
5
As construed by the courts, not all commercial
agreements violate section 1: only agreements that unreasonably restrain trade
or commerce are proscribed.6 Accordingly, most analysis under section 1 falls
1. 15 U.S.C. §§1–7 (1890).
2. Id. §§12–27 (1914).
3. Id. §§13, 13a, 13b, 21a (1936).
4. Id. §§41–58 (1914).
5. Id. §1.
6. Northern Pacic Ry. Co. v. United States, 356 U.S. 1, 2 (1958).
Appendix G
Antitrust Checklist*
Matthew J. Kreutzer
*This appendix is an update of the one prepared by W. Michael Garner that appeared in
the rst edition of this Monograph.
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