What is the legal test for an allegation that an appellant colluded to fix prices under the Sherman Act?
MultiRegion, United States of America
The following excerpt is from Northern California Pharmaceutical Ass'n v. United States, 306 F.2d 379 (9th Cir. 1962):
In short, it is in an area of "entrepreneurial," rather than professional activity, that appellants are charged with having run afoul of the Sherman Act. Compare United States v. Women's Sportswear Mfg. Ass'n, 336 U.S. 460, 463-464, 69 S.Ct. 714, 93 L.Ed. 805 (1949). To a prima facie case of an agreement to fix prices in a commodity, very limited defenses are open to appellants.
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