Competition; Monopolies -- United States; Trusts, Industrial
Let us consider the opposite alternative. It cannot be a good thing to
have such a great proportion of the active business men of the country,
who bear the highest personal character, engaged in illegal contracts.
Let us therefore take them within the pale of the law. They seem to be
determined to make contracts with each other in restraint of
competition; and believe, indeed, that they are forced to do it by
modern conditions of trade. Suppose we were to legalize these contracts
and permit the establishment of monopolies. What can we then do to
protect the public from extortion in prices and adulteration in its
products on the part of the monopoly?
In the first place, now that we have legalized monopolies there is no
more excuse for secrecy. To work in darkness and privacy befits
law-breakers, but is needless for legitimate enterprises. Let the law
provide that every contract for the restriction of competition shall be
in writing, and that a copy shall be filed, as a deed for real estate is
filed now, with the proper city or town officer where the property
affected is situate, and also with the Secretary of State where the
contract is made. Certainly no honest man will object to this provision.
The contention has been made that contracts to restrict competition were
necessarily kept secret because they were "without the pale of the law."
Very well; we have legalized them. There can be no further defense of
secrecy. If any now refuse to make public their contracts to restrict
competition, the refusal is evidence that the contract is for the injury
of the public or some competitor and therefore properly punishable. We
shall now know just what monopolies exist; just what is their strength,
and for just how long a time their members are bound. Let us next see
what measures we can adopt to prevent these legalized monopolies from
practising extortion upon the public and abusing the power they have
gained by the combination.
Public-domain text, read in full here on John Shaqi.
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