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Is the Sherman Antitrust Act the legal basis for the lawsuit against the software company? The Sherman Antitrust Act seems to deal with interstate commerce. Cl
by adolph 3y ago
Is the Sherman Antitrust Act the legal basis for the lawsuit against the software company?
The Sherman Antitrust Act seems to deal with interstate commerce. Clearly the software is sold in many states. Some rental markets are multi-state. Some apartment management companies are multi-state. Would it apply to those rental markets and management companies that are not interstate?
- madars 3y agoI don't know about merits of this case but some of the controlling interstate commerce interpretations are quite broad: https://en.wikipedia.org/wiki/Wickard_v._Filburn https://en.wikipedia.org/wiki/Wickard_v._Filburn Even growing your own wheat affects interstate commerce: your alternative to growing it yourself is buying it on the open market. This is an activity which, in aggregate across thousands of farmers, would affect interstate commerce.
- DannyBee 3y agoIn general, most state antitrust and unfair competition laws mirror the Sherman act. So even if you could construct a purely intrastate scenario, it would not make much difference in practice.
- MacsHeadroom 3y agoThe supreme court says raising your own cattle for your own personal consumption is interstate commerce because you are replacing a purchase of beef in an interstate market. So, you don't even have to participate in commerce for your actions to be considered "interstate commerce," much less participate in an actual interstate commerce.