Early Common Law
Contents
Place in the Framework
Early common-law treatment of restraints of trade provides the background against which the Sherman Act was interpreted.
Core Questions
- Which restraints were treated as unreasonable at common law?
- How did courts distinguish ancillary restraints from naked restraints?
- What vocabulary carried forward into early federal antitrust cases?
Working Notes
Add Berkeley outline notes here on early common-law reasonableness, ancillary restraints, and the baseline hostility to naked restraints of trade.