Sherman Act
The foundational US antitrust statute of 1890, prohibiting agreements in restraint of trade and monopolisation.
Overview
Section 1 prohibits contracts, combinations and conspiracies in restraint of trade, such as price-fixing and market allocation; Section 2 prohibits monopolisation and attempts to monopolise. It is enforced by the DOJ Antitrust Division, which can bring criminal cases, and through private litigation.
As primary legislation it is binding law; regulators fill in and interpret its detail through rules, guidance and supervisory practice. The authorities most closely connected to it are DOJ Antitrust Division and FTC.
Check the official sources below for legal scope, applicable dates and exceptions. This entry is an explanatory reference, not legal advice.
Why it matters
Antitrust violations can be criminal and carry severe penalties for firms and individuals.
Who it affects
Businesses of all kinds operating in the US.
Where it sits
Ten linked steps connect where you operate to the proof that you complied.
- 01Jurisdiction
- 02Industry
- 03Activity
- 04Authority
- 05Regulation
- 06Requirement
- 07Guidance
- 08Control
- 09Evidence
- 10Enforcement
Connections
The terms most closely tied to Sherman Act. Select one to open it.
What to do about it
- 1Confirm whether you are in scope: who it covers, which activities and where.
- 2Break it into testable requirements.
- 3Map each requirement to a control and an owner.
- 4Track amendments, implementing rules and guidance.
- 5Keep sealed evidence for every control run.
From requirement to evidence.
Competition obligations are mapped to policies and controls around pricing, information sharing and partnerships.
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