Foreword

• Pages: 9-9

ix

FOREWORD

The American Bar Association Section of Antitrust Law is pleased to

present the second edition of Proof of Conspiracy Under Federal Antitrust

Laws. Proof of an illegal agreement in restraint of trade is a required

element in every case brought under Section 1 of the Sherman Act. But an

unlawful agreement may not have ben reduced to paper or memorialized

in email, and there may be no whistle-blower, leniency applicant or

cooperative witness. In cases lacking such direct evidence, the trier of fact

may be asked to infer an illegal agreement from circumstantial conduct.

This book surve ys the evidenti ary requirement s for proving an unlawful

agreements and examines how courts have evaluated fact and expert

evidence at each stage in litigation, from a motion to dismiss to summary

judgment motions and trial.

The Section of Antitrust Law is grateful to Nickolai G. Levin, Peter K.

Huston, and Jason Angell, and their team of contributing authors for

helping to update this book under the leadership of John Delacourt and

Joanne Lewers, Co-Chairs of the Joint Conduct Committee of the Section

of Antitrust Law. We trust that this book will serve as a guide to those who

practice in this important and ever-changing field.

September 2018 Deborah A. Garza

Chair, Section of Antitrust Law

American Bar Association

2018-2019