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The Application Of The Sherman Act Antiboycott Law To Industry Self-Regulation: An Analysis Integrating Nonboyocott Sherman Act Principles, James F. Ponsoldt

Scholarly Works

Entry into and competition within professions and many industries is commonly restricted by private regulation among competitors. These restrictions are often effectuated, without direct government participation, through rules, procedures, or standards established by trade or professional organizations. Sometimes, however, the restrictions are made through less formalized concerted decisionmaking procedures by persons potentially in competition with new entrants. Such privately imposed restraints on competition have recently been the focus of an increasing number of private treble damages actions under section 1 of the Sherman Act. In these cases, the plaintiffs have alleged that the defendants were engaged in illegal boycotts, and …