Defending Under The Sherman Antitrust Act
Title 15, United States Code
Antitrust litigation may not be as common in the local news as drug trafficking, but it is nonetheless the subject of an entire Title of the US Code. A criminal action under Section 1 of the Sherman Act requires the prosecution to show:
- The defendant’s participation in a contract, combination or conspiracy;
- That unreasonably restrained trade;
- In, or substantially affecting interstate commerce; and
- The Defendant must have intended to violate the antitrust laws.
While the Supreme Court has rejected the mandatory presumption of unlawful intent from a determination of illegal effects of actions or omissions, the back side of that ruling is that if the Court finds a conscious intent to violate the law, a criminal prosecution can proceed even if the illegal effect never occurred.
This an area of federal criminal jurisprudence where both individuals and corporations may be prosecuted criminally.
Contact An Antitrust Litigation Attorney
This is a complex area of the law, an actual prosecution may be preceded by civil enforcement activities, grand jury inquiries, or both. If you have reason to believe that you or your company may be the subject of an antitrust action, contact an Orlando federal criminal defense attorney at The Defense Group. Call 407-831-1956 or 352-742-9090 at once to schedule your initial Free Consultation.