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Issue: What does a plaintiff need to establish to succeed in an antitrust claim?
| Area of Law: | Antitrust & Trade Regulation |
| Keywords: | Antitrust claim; Restraint of trade |
| Jurisdiction: | Federal, Florida |
| Cited Cases: | 365 U.S. 320; 934 F.2d 1566; 284 F.3d 1237; 253 F.3d 34; 604 F.3d 1291; 924 F.2d 1555; 509 U.S. 209; 309 F.3d 193; 7 F.3d 986; 678 F.2d 742 |
| Cited Statutes: | 15 U.S.C. §§ 1, 2; Fla. Stat. Ann. §§ 542.18 and 542.19; 15 U.S.C. § 15; § 4 of the Clayton Act; 15 U.S.C. § 15(a) |
| Date: | 03/01/2012 |
The principal antitrust laws are Sections 1 and 2 of the Sherman Act (15 U.S.C. §§ 1, 2) and their Florida counterparts, Fla. Stat. Ann. §§ 542.18 and 542.19. Federal and Florida antitrust laws are analyzed under the same rules and caselaw. McArthur Dairy, LLC v.McCowtree Bros. Dairy, Inc., No. 09-62033-CIV (S.D. Fla. May 27, 2011).
Both Section 1 and Section 2 are relatively short and deceptively simple statutory provisions:
Section 1: Every contract, combination in the form of trust or otherwise, or conspiracy, in restraint of trade or commerce among the several States, or with foreign nations, is hereby declared to be illegal. . . .
Section 2: Every person who shall monopolize, or attempt to monopolize, or combine or conspire . . . to monopolize . . . shall be deemed guilty of a felony.
15 U.S.C. §§ 1, 2.
Section 4 of the Clayton Act provides a private cause of action for treble damages for persons injured by an antitrust violation. 15 U.S.C. § 15; Palmyra Park Hosp. Inc. v .Phoebe Putney Mem. Hosp., 604 F.3d 1291, 1298 (11th Cir. 2010).
Viewed broadly, section 1 of the Sherman Act contains only two principal elements: it prohibits (1) “contracts combinations or conspiracies” (2) “in restraint of trade.” With respect to the first element, “[i]t is fundamental that a plaintiff establish an agreement between two or more persons to restrain trade; unilateral conduct is not prohibited by § 1.” Aquatherm Indus., Inc. v. […]