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The addition of the words "or commerce among the several States" was not an additional kind of restraint to be prohibited by the Sherman Act, but was the means used to relate the prohibited restraint of trade to interstate commerce for constitutional purposes, Atlantic Cleaners & Dyers v.
Sherman Antitrust Act of 1890 Trans-Missouri Freight Association , 166 U.S. 290 (1897), was a United States Supreme Court case holding that the Sherman Act (which was an antitrust measure that prohibited anticompetitive behavior in commerce) applied to the railroad industry, even though the U.S. Congress had enacted a comprehensive regime of ...
Norman Williams Co., 458 U.S. 654 (1982) the Sherman Act did not prohibit a California law which prohibited the importation of goods that were not authorised to be imported by the manufacturer. Tritent International Corp. v. Commonwealth of Kentucky , 467 F.3d 547 (2006) Kentucky had not acted unlawfully by giving effect to a Tobacco Master ...
The Interstate Commerce Act of 1887 began a shift towards federal rather than state regulation of big business. [citation needed] It was followed by the Sherman Antitrust Act of 1890, the Clayton Antitrust Act and the Federal Trade Commission Act of 1914, the Robinson-Patman Act of 1936, and the Celler-Kefauver Act of 1950.
Since interstate commerce is not affected, federal law in general and the Sherman Act in particular do not apply. Law is a "learned profession." Lawyers do not engage in trade and commerce and hence any restrictions on the pricing schemes they use are not restraints of trade, prohibited under the Sherman Act.
The rule of reason is a legal doctrine used to interpret the Sherman Antitrust Act, one of the cornerstones of United States antitrust law.While some actions like price-fixing are considered illegal per se, other actions, such as possession of a monopoly, must be analyzed under the rule of reason and are only considered illegal when their effect is to unreasonably restrain trade.
In their letter, the senators called for a full probe into possible industry violations of the Sherman Act, the 1890 law barring monopolies and anticompetitive agreements. They specifically…
The Sherman Act §§ 1-7, 15 note, is intended to prohibit monopolies and combinations, which probably would interfere with the free exercise of their rights by those engaged, or who wish to engage in trade; but in the absence of any purpose to create or maintain a monopoly a manufacturer engaged in private business may exercise his discretion ...