United States Steel: A Corporation with a SoulCotter, Arundel
History
United States Steel: A Corporation with a Soul
Cotter, Arundel
United States Steel Corporation
The arguments of counsel for both sides were presented to the U. S.
District Court, and for months the business world waited anxiously for
its decision, one that would have a very far-reaching effect not on the
Corporation or the steel trade alone, but on business generally. For it
was felt that a decision adverse to the defendant would mean that mere
bigness was considered illegal and that no large corporate enterprise
would be allowed to exist, however free from evil its course of action
might be. If the Steel Corporation was adjudged a monopoly in restraint
of trade, it was thought, then all big business was doomed, for the
Corporation, certainly, had sought in every way to meet fully the
requirements of the law.
It was not until June 3, 1915, that the Court rendered its decision,
the most favorable to big business ever handed down in an anti-trust
suit, denying the petition of the Government and completely absolving
the Steel Corporation from the charge of monopoly. The decision
was unanimous, all the judges being in entire agreement that the
Corporation was not, and never had been, a monopoly in restraint of
trade.
All four of the judges concurred on the main point at issue--that of
trade restraint. A minority opinion, signed by Justices Woolley and
Hunt, expressed some divergence of thought on minor points, which we
shall come to. In the meantime, let us examine some extracts from
the main opinion, signed by Judge Buffington, presiding, and Judge
McPherson.
“As trade is a contest for it between persons and the gain of that
trade by one means the loss of it to another, it follows that the
person who best knows whether the man who gained it gained it fairly,
is the man who lost it. If there is monopoly we can find proof of it
from business competitors.”
Public-domain text, read in full here on John Shaqi.
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