American literature -- Periodicals; Literature -- Periodicals
Under the rulings of the Supreme Court, combinations and conspiracies
which restrain trade and develop monopolies are those which, broadly
speaking, deprive the public of the benefits of free competition. This
act recognizes the competitive system as the one industrial ideal,
and outlaws anything that interferes with a free, unobstructed flow of
trade. A trust that gets control of the larger part of a particular
product and manipulates the output so as to prevent trade from flowing
in its natural course--that is an illegal restraint. Labor unions that
combine to divert artificially this same course of trade--as they
unquestionably do when they persuade the public not to have business
relations with particular persons or corporations against which
they have declared a boycott--also engage in an illegal restraint.
The Sherman Law aims only to protect the public against these
unnatural influences; to restore business to normal conditions. With
corporations, the final test as to whether they restrain trade or not
is whether their effect is to increase prices. If they do not increase
prices, then they do not restrain trade and consequently do not violate
the Sherman Act. The Supreme Court has insisted upon one important
modification of this principle. The effect upon prices must be
immediate and not remote. An arbitrary agreement that definitely fixes
the prices of a product is clearly illegal; an agreement which, in the
last analysis, might tend to influence prices, would not necessarily be
so.
[Illustration: SETH LOW, EX-MAYOR OF NEW YORK, WHO, AS PRESIDENT OF
THE NATIONAL CIVIC FEDERATION, ADVOCATES THE AMENDMENT OF THE SHERMAN
LAW]
_Railroads Stopped from Making Rate Agreements_
Public-domain text, read in full here on John Shaqi.
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