Competition; Monopolies -- United States; Trusts, Industrial
The right of the public to take this latter course may be defended on
the ground that the monopoly has voluntarily made itself a necessary
public servant, and in that capacity offers to the public its goods.
While it is true that the people permit the monopoly to become a
necessary public servant and protect it in the contracts by which it
restricts competition, it is also true that the monopoly cannot justly
make merchandise of the necessities of the people. The public may allow
a combination to obtain control of all the sugar refineries, for
instance, and protect the combination in its formation. But suppose the
owners of the combination then say: "The people are obliged to have
sugar and we control the supply. We will set a high price on sugar,
therefore, because we know that they will pay it rather than go
without." They are then making the necessity of the public a source of
gain, and it cannot be believed that this will be permanently suffered.
The serious difficulty in fixing by direct government action the prices
which a monopoly of this sort shall charge, is that we cannot stop at
that point. When once the government steps in to do so radical a thing
as to fix the price which a monopoly shall charge, it becomes in equity
responsible to the owners of that monopoly for the maintenance of their
incomes from their capital invested. If their profits have been so
reduced by this action as to seriously injure the value of their
property, they have a legal right to claim compensation from the state
for the injury it has done them. And in almost every case they would set
up the claim that their property had been thus injured. To determine the
point at which reasonable prices and reasonable profits become
extortionate prices and unjust profits is a task requiring expert
knowledge and the most comprehensive judgment, aided by the most
accurate statistics. To impose this task on our already overburdened
courts would permanently block the wheels of justice, and would give to
the judicial department of government a work which its machinery is
wholly unsuited to carry on.
It seems evident, therefore, that when it becomes necessary for the
state to directly fix prices to be charged by monopolies, a more radical
step should be taken. The monopoly should be established on a permanent
basis, and the state should have some part in its direct control.
Public-domain text, read in full here on John Shaqi.
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