The Changing Order; Essays on Government, Monopoly, and Education, Written During a Period of Readjustment

The Changing Order; Essays on Government, Monopoly, and Education, Written During a Period of Readjustment

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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1914 edition. Excerpt: ...States says Judge Lanning in rendering the opinion of the Court make it quite clear that the language of the anti-trust act is not to receive that literal construction which will impair rather than enhance freedom of interstate commerce. As we read those decisions, restraint of interstate trade and restraint of competition in interstate trade are not interchangeable expressions. There may be, under the anti-trust act, restraint of competition that does not amount to restraint of interstate trade, just as before the passage of the act there might have been restraint of competition that did not amount to a common law restraint of trade.... 1 United States v. E. I. du Pont de Nemours & Co., et al., decided June 21, 1911, U. S. Cir. Ct., Dist. of Delaware. While all this is true, the recent decisions of the Supreme Court make it equally clear that a combination cannot escape the condemnation of the anti-trust act merely by the form it assumes or by the dress it wears. It matters not whether the combination be "in the form of a trust or otherwise," whether it be in the form of a trade association or a corporation, if it arbitrarily uses its power to force weaker competitors out of business or to coerce them into a sale to or union with the combination, it puts a restraint upon interstate commerce and monopolizes or attempts to monopolize a part of that commerce in a sense that violates the anti-trust act. In determining the form of decree to be entered, the Circuit Court said that the relief which it proposed to give was preventive and injunctive. If our decree, limited to that purpose, shall necessitate a discontinuance of present business methods, it is only because those methods are illegal. The incidental results of a sweeping injunction may more

Product details

  • Paperback | 68 pages
  • 189 x 246 x 4mm | 141g
  • Miami Fl, United States
  • English
  • black & white illustrations
  • 123667040X
  • 9781236670403