2 ms·

Restraint of trade? http://www.rotlaw.com/legal-library/what-is-restraint-of-trade/ http://www.rotlaw.com/legal-library/what-is-restraint-of-tra...

• umanwizard 10y ago
  That article doesn't talk about constitutionality at all.
  • chrisbennet 10y ago
    Oh, you're right. I don't know how that legal argument derives from constitution.
    • Bartweiss 10y ago
      As is usually the answer with business, it's the Commerce Clause. ("Congress shall have the power... to regulate commerce... among the several states") It's a basically open-ended constitutional grant to regulate business, with the only caveat being that it's restricted to activities which affect the flow of commerce across state lines.
      • umanwizard 10y ago
        That would give Congress the power to regulate these contracts; it wouldn't make them unconstitutional automatically, unless there's some argument I'm missing.
        • Bartweiss 10y ago
          True enough, I'm not sure why the word 'unconstitutional' was used. This seems to be a pretty clear case of "laws enabled by the commerce clause", so all it would take is a repeal of Sherman to change the situation.