United States Law Review Volume 51

United States Law Review Volume 51

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1917 edition. Excerpt: ...practically overruled the doctrine promulgated in the Knight case, although all the harm done by the decision in that case could not be uprooted owing to the rapid growth of trusts and monopolies in the meantime. The only other cases of importance on this subject in which Justice Harlan dissented, and with which he practically closed his career on the bench, were the Standard Oil and Tobacco cases. Standard Oil Company v. U. S.18 and U. S. V. American Tobacco Company." In these cases the Court, while upholding the Anti-Trust Act in sweeping fashion and decreeing the dissolution of these two powerful trusts, went further than was necessary in these two particular cases and injected the so-called "rule of reason" into the construction of the Act and held that the statute only denounced a monopoly where it was "unreasonable" and there was an "undue" restraint of trade. Justice Harlan while agreeing with the opinion of the majority that these corporations constituted a monopoly in restraint of trade and therefore that they should be dissolved, dissented from "the rule of reason" which the majority had for the first time injected into a construction of the Act. He contended, and I think his contention is borne out by an examination of the cases, that the Court in the Trans-Missouri Freight Ass'n casels and also in the Joint Trafiic Ass'n case18 had specifically rejected the "rule of reason" and had held in those cases that every contract or combination 12 193 U. S. 197. 15166 U. S. 290. 13 221 U. S. 1. 16 171 U. S. 578. 14 221 U. S. 106. in restraint of trade was covered by the Act. He insisted that to read the word "reasonable" into the Act amounted to...show more

Product details

  • Paperback | 352 pages
  • 189 x 246 x 19mm | 630g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 123682539X
  • 9781236825391