In order to obtain a conviction for price fixing under the Sherman Antitrust Act, the government need to prove that:
SECTION 1
1. There is an agreement
2. That the agreement unreasonably restrains competition
3. which affect interstate commerce
SECTION 2
The government has to prove that:
1. There is possession of monopoly power in the relevant market
2. The willful acquisition or maintenance of that power as distinguished from growth or development as a consequence of a superior product, business acumen or historic accident.