1. Section 1 of the Sherman Act criminalizes "[e]very
contract ...in restraint of trade." 15 U.S.C. § 1. This
prohibition cannot be applied literally because it
proscribes all contracts, thus leaving courts to define
the offense.

Does the criminal provision of Section 1 of the

Sherman Act violate Article 1 of, and the Fifth and

Sixth Amendments to, the United States

Constitution?

2. Did the court of appeals correctly apply the
constitutional harmless-error test when it
"presumed" that the jury was not affected by a
constitutionally erroneous jury instruction?

Is the criminal provision of Section 1 of the Sherman Act Constitutional?