Competition; Monopolies -- United States; Trusts, Industrial
With these reforms, in the case of every corporation making a contract
to restrict competition, it would be required that the company make
public annually a full statement of its receipts, expenditures, and
profits. Every monopoly would stand before the public then in its true
position, and every one would know if it were making 50 per cent. per
annum on the actual capital invested, or only 5 per cent. With these
facts made public, if any monopoly ventured to raise its price till it
reaped unusual profits, some of the heaviest consumers of the
monopolized product would be very apt to start a factory of their own in
opposition. It is to be remembered that under the law of
_non-discrimination_ the monopolies would be prevented from currying
favor with the large consumers by giving them specially favorable
prices. It is now common to do this, as it removes the danger of
combination among these important customers to compete with the
monopoly.
To sum up, the chief features of the plan proposed for the control of
monopolies in manufacture and trade are as follows: Make contracts to
restrict competition, legal and binding, instead of illegal and void as
now. _But_; provide that every such contract shall be filed for public
inspection; that prices charged by the combination shall be public,
stable, and absolutely unvarying to all; that the affairs of the
combination shall be managed according to a consistent and stringent
corporation law; and that an annual report of the operations of the
combination be made to a public commission.
Contrast this with the existing law upon this important subject. In
Judge Barrett's decision in the Sugar Trust case he said:
"The development of judicial thought, in regard to contracts in
restraint of trade, has been especially marked. The ancient
doctrine upon that head has been weakened and modified to such a
degree that but little if any of it is left. Indeed, excessive
competition may sometimes result in actual injury to the public;
and anti-competitive contracts, to avert personal ruin, may be
perfectly reasonable. It is only when such contracts are publicly
oppressive that they become unreasonable, and are condemned as
against public policy."
This is probably the best statement of the present status of the common
law upon this subject now extant. But what a path to endless litigation
does it open! Who shall draw the line where a contract to restrain
competition ceases to be beneficial and lawful, and becomes an injury to
the public welfare? Must this be left to judge and jury? If so, the
responsibilities of our already overburdened Courts are vastly
increased.
Public-domain text, read in full here on John Shaqi.
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