American literature -- Periodicals; Literature -- Periodicals
The Sherman Act has stopped, not only railroad combinations, but
similar agreements existing among manufacturers for the regulation
of prices. The case of the Addyston Pipe & Steel Company is the most
celebrated of this kind. In 1894 a large number of manufacturers
of sewer and gas pipe, the Addyston Company being one, formed a
combination to monopolize business and fix prices in thirty-six States
and Territories. All companies which were parties to the agreement
reserved the right to compete with each other outside of these
thirty-six States as fiercely as before. They significantly called the
section in which there was to be no competition "pay territory"; and
the States outside of this section were known as "free territory."
These manufacturers dealt chiefly with municipalities, which usually
let contracts for sewer and gas pipe by public bidding. Whenever such
a contract was offered, the Addyston combination would meet secretly,
decide upon the price they would charge, and then arrange a program
of fictitious bids. They then divided the profits among themselves.
In this way they forced practically all purchasers in the sections in
which they traded to pay exorbitant prices. Indeed, the subsequent
history of this combination beautifully illustrates the practical
effect upon the public of agreements of this kind. The Addyston and
its associate members sold certain pipe in "pay territory," where
the combination was enforced, at twenty-four dollars a ton; in "free
territory," where they competed with each other, they frequently sold
identically the same product at fourteen dollars. The Supreme Court
decided that this agreement violated the Sherman Act--that it was a
combination or a conspiracy in restraint of trade. William H. Taft,
then United States Circuit Judge, wrote an opinion discussing the
merits of this dispute which has since become a legal classic. Mr. Taft
spent six months in studying the questions involved.
Nearly all such cases, however, involved merely what may be called
trade agreements. In each case there were actual attempts to fix
prices by compact, and these agreements were the only things in
common among the different corporations that became parties to them.
The several corporations preserved their independent existence; they
were not trusts in the sense in which the Standard Oil Company, the
American Sugar Refining Company, the United States Steel Company, are
trusts--that is, single corporations, producing and distributing the
greater part of some particular product. Until President Roosevelt's
administration, these trusts had, for the larger part, escaped
prosecution under the Sherman Law, the few attempts that had been made
to assail them; having ingloriously failed.
Public-domain text, read in full here on John Shaqi.
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