Federal Jury Instruction
PURPOSE OF SHERMAN ANTITRUST ACT
The purpose of the Sherman Antitrust Act is to preserve or advance
our system of free, competitive enterprise, and to encourage to the fullest
extent practicable, free and open competition in the market place; all to the
end that the consuming public may receive better goods and services at the
lowest obtainable cost.
So, any unreasonable interference, by contract or combination or
conspiracy, with the ordinary, usual and freely-competitive pricing or
distribution system of the open market in interstate trade and commerce,
constitutes an unreasonable restraint of interstate trade, and is in itself
unlawful, and, if knowingly done, is a federal offense under the Sherman
Antitrust Act.
Sources: Judge Lake's instructions in United States v. Moore Supply
Co., Crim. No. H-94-017 (S.D. Tex. filed Aug. 15, 1994) (antitrust case
involving price-fixing). Judge Hittner's instructions in United States v.
Johnson, Crim. No. H-92-152 (S.D. Tex. filed Mar. 10, 1994), aff'd, 68 F.3d
899 (5th Cir. 1995) (antitrust case involving bid-rigging). Devitt, Blackmar &
O'Malley, Federal Jury Practice and Instructions, § 51A.03 (1992 Supp.)
(modified).
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