To prove criminal conspiracy, what must be established?

• A. Two or more competitors intentionally agreed to enter into one of the above three types of agreements
• B. One competitor acted alone
• C. Government approval
• D. A court ruling

Answer: (A)

Conspiracy requires an agreement between two or more people to commit an unlawful act. In practice, this means two or more competitors must deliberately intend to pursue an illegal objective, such as price-fixing, market allocation, or bid rigging. The crucial element is the pact itself and the intent to carry out the crime, not that someone obtained government approval or that a court has ruled on anything. One person acting alone cannot form a conspiracy, since there must be at least a joint agreement. The plan can be proven even if the illegal act never actually occurs, as long as the agreement and the intent to commit the unlawful act are shown.