Section 4 Restraints of Trade

• Library: Commercial Law 2007

Section 1, 15 U.S.C. § 1, of the Sherman Act and its Missouri analogue prohibit concerted action by two or more parties in restraint of trade. Blomkest Fertilizer, Inc. v. Potash Corp. of Saskatchewan, 203 F.3d 1028, 1032 (8^th Cir. 2000). Because every contract or combination limits competition at some level, liability is limited to those contracts, combinations, and conspiracies that unreasonably harm competition. In Johnston v. Norrell Health Care, Inc., 835 S.W.2d 565 (Mo. App. E.D. 1992), the court...