E-MAILS EXCHANGE BETWEEN GROUP MEMBERS DID NOT CONSTITUTE CONSPIRACY UNDER THE SHERMAN ACT

The U.S. Court of Appeals for the Fifth Circuit upheld a district court decision holding that e-mail communications between parties to the Third Generation Partnership Project, which were exchanged only between some members of the above project and not others, did not amount to conspiracy under the Sherman Antitrust Act, 15 U.S.C. § 1.

The following questions have been addressed in this article:

What elements were the plaintiffs required to prove in order to establish a violation of § 1 of the Sherman Act?
Why did the e-mail communications between some of the 3GPP members not constitute conspiracy under the Sherman Act?
How might the plaintiffs have avoided the result which they claimed was a Sherman Act violation?

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