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Anti Trust - Coggle Diagram

- - - - The Agreement constitutes an unlawful restraint of trade
        
        Standards of Review
        
        Rule of reason review
        
        prima facie burden on the plaintiff
        
        direct evidence. So demonstrated competitive harm.
        
        Market power + something with a tendency to harm competition
        
        Rebut
        
        Plaintiff has a sur rebuttal
        
        Quick look review
        
        Per se or naked violations
        
        Trenton Pottery
        
        Vacuum, "Hot Oil" just fixing prices is anti competitive, and price fixing goes beyond picking an exact price.
      - an agreement
        
        Threshold inquiry about their being more than one entity involved
        
        Still, sometimes different aspects of the "same entity" can agree or conspire for the purposes of section 1. American Needle
        
        A multiplicity of actors is required Copperweld
        
        Open question: Split ownership or partial ownership?
        
        Evidentiary standards for conspiracy (circumstantial standards)
        
        To avoid a motion to dismiss. Mere parallelism observed parallelism is not sufficient for an agreement. Twombly
        
        Text messaging Litigation by Posner. Circumstantial facts were sufficient in this case. Opportunity, sudden price change and price hike,
        
        Direct evidence. Emails about "colusive" conduct
        
        Matsuhita v. Zenith Evidence must tend to exclude the possibility of independent action. (quoting Monsanto)
        
        Monsanto v. Spray Rite