The concerted action requirement of the Sherman Act Section 1:
A) may be established by an express agreement.
B) is not met when a parent corporation and its wholly owned subsidiaries agree to a restraint in trade.
C) requires factors, additional to conscious parallelism, such as identical sealed bids from each competitor.
D) All of these are true.

Question

Quizplus · Accepted Answer

All options are true regarding the concerted action requirement of the Sherman Act Section 1. An express agreement can establish concerted action (A), a parent corporation and its wholly owned subsidiaries acting in concert do not meet the requirement as they are considered a single entity (B), and factors beyond conscious parallelism, like identical sealed bids, can indicate concerted action (C).

The Concerted Action Requirement of the Sherman Act Section 1