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restraint of trade |
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restraint of tradePreventing of free competition in business by some action or condition such as price-fixing or the creation of a monopoly. The U.S. has a long-standing policy of maintaining competition among business enterprises through antitrust laws, the best-known of which, the Sherman Antitrust Act of 1890, declared illegal “every contract, combination…or conspiracy in restraint of trade or commerce.” |
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| With an increasing number of global mergers, the unmasking of more and more global cartels, and trade tensions emanating from private restraints of trade, competion policy is now a core feature of discussions about internationa economic policy. Antitrust law, which seeks principally to identify and eliminate unreasonable restraints of trade, is undoubtedly the most fluid body of law this side of the Constitution. The Court fully understood and applied the long established Supreme Court authority dating back to the 1940s and frequently reaffirmed by the Court since, that naked restraints of trade are not permitted and cannot be justified, even if the purported purposes behind the conspiracy are socially beneficial. |
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