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

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT