Any agreement among competitors to artificially fix prices or restrict output is a per se violation of Section 1 of the Sherman Act. True
A plaintiff must show three things in order to establish a violation of Section 1: (1) the existence of concerted action by at least two different parties; (2) an unreasonable restriction on trade; and (3) an impact on interstate or foreign commerce of the United States.
What does the Sherman Act's Section 1 entail?
This Sherman Act section (15 U.S.C. 1) forbids agreements between two or more people or separate entities that unduly restrict trade. If a foreign company's international operations have a significant impact on US customers, Section 1 also regulates those companies.
Price fixing, bid rigging, and market division among rivals (often referred to as "horizontal agreements") are the most frequent violations of the Sherman Act and the ones that are most likely to be criminally punished.
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