Prohibits combination, contract or conspiracy that restrains trade.

Under Addyson Pipe this is understood to mean "unreasonable restraints of trade."

Monopolization is:

a) The posession of monopoly power; AND

b) The willful accquisition of maintainance of power as distinguished from growth or development as a consequence of superior product, business acumen or historic accident Grinnell

1. Cross elasticity (DuPont)

2. Geography (Grinnell)

3. Qualitative difference between products (International Boxing, Syufy)

4. Profitability differences & comparative efficiencies

1. Is there an agreement? Is it a joint venture?

2. Is it per se illegal?

3. Does it raise an inference of anticompetive effects and warrant only a quick look?

4. Does it require a full rule of reason analysis?

Basic Framework for Sherman 2

1. Did defendant engage in anticompetitive conduct?

2. Can an intent to monopolize be inferred from their actions?

3. Did their actions present a dangerous probability of monopolization?

1. What is foreseeable market power of the new entity?

2. Is there a likelihood of collusion

1. Is the anticompetitive conduct taking the form of a petition for government action?

2. Is the conduct the intentional manipulation of a standard setting organization? If so, has the state adopted the recommendations of the body?

3. Is the anticompetitive conduct "Sham litigation"