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Restraint of Trade

control unreasonable prices otherwise

Contracts or combinations that tend, or are designed, to eliminate or stifle competition, create a MONOPOLY, artificially maintain prices, or otherwise hamper or obstruct the course of trade as it would be carried on if it were left to the control of natural economic forces.

As used in the SHERMAN ANTI-TRUST ACT (15 U.S.C.A. § 1 et seq.), unreasonable restraints of trade are illegal per se and interfere with free competition in business and commercial transactions. Such restraint tends to restrict production, affect prices, or otherwise control the market to the detriment of purchasers or consumers of goods and services. A restraint of trade that is ordinarily reasonable can be rendered unreasonable if it is accompanied by a SPECIFIC INTENT to achieve the equivalent of a forbidden restraint.

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over 8 years ago

Is the Federal Government exempt from the prohibition against activity that results in a prima facia "Restraint of Trade?" i.e. The recent excessive tariff increase on tobacco products by Treasury.