Sherman Antitrust Act: Difference between revisions

{{blockquote|... [a person] who merely by superior skill and intelligence...got the whole business because nobody could do it as well as he could was not a monopolist...(but was if) it involved something like the use of means which made it impossible for other persons to engage in fair competition."<ref>{{cite web|url=https://books.google.com/books?id=OsssAAAAYAAJ&pg=PA279|title=Bills and Debates in Congress Relating to Trusts: Fiftieth Congress to Fifty-seventh Congress, First Session, Inclusive|first1=United States|last1=Congress|first2=James Arthur|last2=Finch|date=26 March 2018|publisher=U.S. Government Printing Office|via=Google Books|url-status=live|archive-url=https://web.archive.org/web/20170409142100/https://books.google.com/books?id=OsssAAAAYAAJ&pg=PA279&lpg=PA279&source=bl&ots=QI5PFBZPn_&sig=0mccC_vXBFDUc9O8BsmPW2x6HAk&hl=en&ei=VoXFTs28OoObtwej1PWTCg&sa=X&oi=book_result&ct=result&resnum=3&ved=0CCgQ6AEwAg#v=onepage&f=false|archive-date=9 April 2017}}</ref>}}

 

 

{{blockquote|The legislative history of the Sherman Act, as well as the decisions of this Court interpreting it, show that it was not aimed at policing interstate transportation or movement of goods and property. The legislative history and the voluminous literature which was generated in the course of the enactment and during fifty years of litigation of the Sherman Act give no hint that such was its purpose.<ref>Footnote 11 appears here: "''See'' the Bibliography on Trusts (1913) prepared by the Library of Congress. ''Cf.'' Homan, Industrial Combination as Surveyed in Recent Literature, 44 Quart.J.Econ., 345 (1930). With few exceptions, the articles, scientific and popular, reflected the popular idea that the Act was aimed at the prevention of monopolistic practices and restraints upon trade injurious to purchasers and consumers of goods and services by preservation of business competition. ''See, e.g.,'' Seager and Gulick, Trust and Corporation Problems (1929), 367 ''et seq.,'' 42 Ann.Am.Acad., Industrial Competition and Combination (July 1912); P. L. Anderson, Combination v. Competition, 4 Edit.Rev. 500 (1911); Gilbert Holland Montague, Trust Regulation Today, 105 Atl.Monthly, 1 (1910); Federal Regulation of Industry, 32 Ann.Am.Acad. of Pol.Sci., No. 108 (1908), ''passim;'' Clark, Federal Trust Policy (1931), Ch. II, V; Homan, Trusts, 15 Ency.Soc.Sciences 111, 113: