Plaintiffs who sue under section 1 of the Sherman Act must allege a contract, combination, or conspiracy that restrains competition. Some kinds of conspiracies so patently harm competition that courts presume injury and call them "per se" violations. Agreements between competitors to fix prices, not to compete for specific customers or in particular areas, and to boycott
Sherman Act
Do Merger Guidelines Matter in Monopolization Cases?
By Barry Barnett on
The head of the DOJ's Antitrust Division, Christine Varney, has done a lot to change the Division's orientation on enforcement of Sherman Act section 2, which makes monopolization and attempts to monopolize unlawful. A big step involved withdrawing the section 2 "report" that the AD issued under Ms. Varney's predecessor. She has also joined with…
Ice Maker Pleads to Customer-Allocation Charge, Agrees to Pay $9 Million
By Barry Barnett on
Arctic Glacier, the U.S. unit of a Manitoban outfit, pleaded guilty to violating section 1 of the Sherman Act. It confessed to conspiring with rival ice-makers not to vie for customers in Detroit and southeastern Michigan. The Antitrust Division of the U.S. Department of Justice said:
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