6. Identifying, Detecting and Proving Per Se Violations of the Sherman Act

Section 1 of the Sherman Act (15 U.S.C. Sec. 1) prohibits any contract, combination or conspiracy that unreasonably restrains interstate or foreign trade or commerce. The most frequent violations of the Sherman Act are price fixing and bid rigging, both of which are usually prosecuted as criminal violations. Refer to USAM 7-4.100 for maximum penalties upon conviction.