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Section 1

Contents

Place in the Framework

Section 1 targets contracts, combinations, and conspiracies in restraint of trade, making agreement the central political and doctrinal threshold.

Core Questions

  • What political concerns motivated the prohibition on concerted restraints?
  • How did Congress and courts understand restraints of trade?
  • Why does Section 1 require agreement rather than reaching all harmful market conduct?

Working Notes

Add notes here on legislative history, anti-cartel politics, common-law background, and the institutional reasons courts developed limiting doctrines such as the rule of reason.