DEFENDING UNDER THE SHERMAN ANTITRUST ACT

Title 15, United States Code

Antitrust litigation may not be as common in the local news as drug trafficking, but it is nonetheless the subject of an entire Title of the US Code. A criminal action under Section 1 of the Sherman Act requires the prosecution to show:

• The defendant's participation in a contract, combination or conspiracy;
• That unreasonably restrained trade;
• In, or substantially affecting interstate commerce; and
• The Defendant must have intended to violate the antitrust laws.
  

While the Supreme Court has rejected the mandatory presumption of unlawful intent from a determination of illegal effects of actions or omissions, the back side of that ruling is that if the Court finds a conscious intent to violate the law, a criminal prosecution can proceed even if the illegal effect never occurred.

This an area of federal criminal jurisprudence where both individuals and corporations may be prosecuted criminally.

This is a complex area of the law, an actual prosecution may be preceded by civil enforcement activities, grand jury inquiries, or both. If you have reason to believe that you or your company may be the subject of an antitrust action, contact The Defense Group at 1-800-INNOCENT at once to schedule your initial Free Consultation.  We can help!