Horizontal Restraints

Summary

Violations under the antitrust laws are often divided into three categories: 1) agreements among competitors, typically called horizontal restraints on trade 2) agreements among entities at different levels of a distribution chain, termed as vertical restraints, and 3) single-firm conduct such as monopolization. This practice note focuses on horizontal restraints on trade and explains the elements of various horizontal restraints, how courts analyze them, and what practices are generally found to comply with the antitrust laws regarding horizontal restraints.