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Constitutional basis for legislation Congress derived its power to pass the Sherman Act through its constitutional authority to regulate interstate commerce. Therefore, Federal courts only have jurisdiction to apply the Act to conduct that restrains or substantially affects either interstate commerce or trade within the District of Columbia. This requires the plaintiff must show that the conduct occurred during the flow of interstate commerce or had an appreciable effect on some activity that occurs during interstate commerce. [edit] Elements A Section 1 violation has three elements:[16] An agreement which unreasonably restrains competition and which affects interstate commerce.

Constitutional basis for legislation Congress derived its power to pass the Sherman Act through its constitutional authority to regulate interstate commerce. Therefore, Federal courts only have jurisdiction to apply the Act to conduct that restrains or substantially affects either interstate commerce or trade within the District of Columbia. This requires the plaintiff must show that the conduct occurred during the flow of interstate commerce or had an appreciable effect on some activity that occurs during interstate commerce. [edit] Elements A Section 1 violation has three elements:[16] An agreement which unreasonably restrains competition and which affects interstate commerce.