Distinguishing Concerted from Unilateral Action
This section organizes the threshold Section 1 problem of separating concerted action from unilateral conduct. The distinction determines whether the case belongs in Section 1's agreement framework or in unilateral-conduct doctrines.
Contents
Place in the Framework
Before applying per se analysis, abbreviated rule of reason, or full rule of reason, courts ask whether the challenged conduct reflects an agreement among separate economic actors.
Working Notes
Use this landing page to collect the doctrines and economic concepts that determine when parallel conduct, internal coordination, or facilitating practices become actionable agreement.