Government in the United States, National, State and LocalGarner, James Wilford
History
Government in the United States, National, State and Local
Garner, James Wilford
United States -- Politics and government
=Federal Anti-trust Legislation.=--The commerce clause of the
Constitution has also furnished the authority for some important
congressional legislation against what are popularly known as "trusts,"
that is, combinations of corporations or business associations formed to
avoid the wastes of competition and to secure economy of management. But
the control of the supply of a commodity means the elimination of
competition and usually the maintenance of high rates to the injury of
consumers. For a long time the greater part of the business of the
country was conducted by individuals, companies, or corporations, and
the advantages of competition were preserved to the public, but in the
course of the economic development of the country, corporations began to
consolidate for the reasons stated, with the result that the supply of
many commodities came to be controlled by single combinations. At first
the states undertook to deal with the problem by passing anti-"trust"
laws, but the business of so many of the more powerful organizations
was interstate in character that state legislation was inadequate to
deal with them.
_The Sherman Anti-"trust" Law._--Finally, in obedience to a widespread
popular demand, Congress took action in 1890 by passing what is
popularly known as the Sherman anti-"trust" act to protect trade and
commerce among the states against unlawful restraint and monopolies.
This act declared that every contract, combination in the form of trust
or otherwise, or conspiracy in restraint of trade or commerce among the
states or with foreign nations was illegal, and it prescribed
appropriate penalties for violations thereof. This law, however, applies
only to "trusts" which are in restraint of trade among the states or
with foreign nations. It has no application to those whose activities
are confined entirely within the boundaries of a single state; with such
"trusts" the states alone have the power to deal.
In pursuance of the act of 1890, prosecutions have been instituted in
the federal courts against a large number of "trusts," and some of them
have been broken up, but the larger number have escaped. In 1911, for
example, the Supreme Court decided that the Standard Oil and tobacco
"trusts" were illegal, and their dissolution was decreed.
_The Clayton Anti-"trust" Act._--In 1914 Congress passed another
important act directed against combinations in restraint of trade. In
brief, it prohibits price discriminations among purchasers, exclusive
trade agreements between manufacturers and retailers, the holding of the
stock of one corporation by another, and interlocking directorates. Like
the other anti-"trust" acts it applies, of course, only to persons or
corporations engaged in interstate commerce or trade. To enforce the act
a _federal trade commission_ was created. It consists of five members
appointed by the President, at a salary of $10,000 each.
Public-domain text, read in full here on John Shaqi.
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