An antitrust offense in which two or more competing businesses agree, rather than compete independently, to set, raise, lower or otherwise control the price of a good or service, eliminating price competition between them to the detriment of consumers who would otherwise benefit from a competitive market. Prosecuted in the United States chiefly under Section 1 of the Sherman Antitrust Act of 1890 as a per se illegal restraint of trade, meaning prosecutors need not prove the agreement actually harmed competition in a particular market, only that the agreement to fix prices existed, price fixing is generally pursued as a criminal offense by the Department of Justice's Antitrust Division against corporate executives as well as a civil matter against the companies involved. Documented historical cases include the 1990s lysine and vitamins cartel prosecutions in the United States and a series of cartel fines imposed by the European Commission against manufacturers in industries including automotive parts and shipping.
Facts
Elements of OffenseA contract, combination or conspiracy in restraint of trade or commerce among the several States or with foreign nations (Sherman Act section 1) 1 Mental Element Violent or Non-Violent Classification
Offense GradeSerious or Indictable Offense 1 Connections
Sources
1. 15 U.S. Code 1 - Trusts, etc., in restraint of trade illegal; penalty
First sentenceQuote, First sentence
Every contract, combination in the form of trust or otherwise, or conspiracy, in restraint of trade or commerce among the several States, or with foreign nations, is declared to be illegal.
View the Source 2. Price fixing (Wikipedia)
Lead paragraphQuote, Lead paragraph
Price fixing is an anticompetitive agreement between participants on the same side in a market to buy or sell a product, service, or commodity only at a fixed price, or maintain the market conditions such that the price is maintained at a given level by controlling supply and demand.
View the Source 3. Cornell Legal Information Institute: Wex: Price Fixing
Cornell Legal Information InstituteWex definitionQuote, Wex definition
with the purpose and effect of raising, lowering, or stabilizing prices
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