Proof of Conspiracy Under Federal Antitrust Laws discusses the use of direct and indirect evidence to get at the heart of what constitutes an agreement at every stage in litigation.
Every case brought under Section 1 of the Sherman Act requires proof of an agreement, and the new second edition of Proof of Conspiracy Under Federal Antitrust Laws is a required reference for antitrust practitioners. Proving an agreement under the requirements of the antitrust laws can be complicated. Agreements may take many forms. They may be express or implied, formal or informal, concrete or flexible, simple or complex, written, spoken, or even entered with a ""wink of the eye.""
This book presents simple and understandable guidance that sets forth the current state of the law for proving such agreements. Proof of Conspiracy Under Federal Antitrust Laws discusses the use of direct and indirect evidence to get at the heart of what constitutes an agreement—or as the Supreme Court has termed it a ""commitment to a common scheme""—at every stage in litigation. The book includes a careful analysis of the dramatic changes the United States Supreme Court has made to antitrust law in recent years, including recent cases law on pleading standards on motions to dismiss. It also presents a circuit-by-circuit exposition of summary judgment standards and a thorough review of the uses of economic experts and their testimony. It will be a ready reference for the young attorney writing their first antitrust complaint, or the wise practitioner refreshing their memory before arguing a motion for summary judgment.