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Early Section 1 Cases

Contents

Place in the Framework

Early Section 1 cases show how courts first interpreted the Sherman Act's prohibition on contracts, combinations, and conspiracies in restraint of trade.

Core Questions

  • Did courts read "restraint of trade" literally or through common-law limits?
  • Which early cases pushed toward categorical condemnation?
  • Which cases created pressure for a more flexible reasonableness inquiry?

Working Notes

Add notes here on the early Supreme Court decisions and how they framed the problem that the rule of reason later resolved.