The Sherman Antitrust Act Was Difficult To Support In Court Because Its Terms Were Hard To Understand. Penalties Were Not Strong Enough. Definition Of Monopolies Was Not Clear. Penalties Were Too Strong. (2023)

1. Single-Firm Conduct Under Section 2 Of The Sherman Act : Chapter 1

  • Further, the court observed that monopoly can result from conduct that clearly is within the spirit of the antitrust laws.

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Single-Firm Conduct Under Section 2 Of The Sherman Act : Chapter 1

2. Single-Firm Conduct Under Section 2 Of The Sherman Act : Chapter 9

  • A remedial decree ideally will be sufficiently specific for defendant readily to understand its obligations and for the supervising court (or agency) to ...

  • Without a proper remedy, winning a judgment of a section 2 violation is similar to winning a battle but losing the war. Designing and implementing effective remedies in unilateral conduct cases often is a daunting challenge. The central goals of remedies in government section 2 cases are to terminate the defendant's unlawful conduct, prevent its recurrence, and re-establish the opportunity for competition in the affected market. Section 2 remedies should achieve these goals without unnecessarily chilling legitimate competitive conduct and incentives.

Single-Firm Conduct Under Section 2 Of The Sherman Act : Chapter 9

3. [PDF] The Sherman Act is a No-Fault Monopolization Statute: A Textualist ...

  • Jan 15, 2021 · The term was not limited to monopolies acquired or preserved through anticompetitive conduct. A textualist analysis accordingly suggests that ...

4. United States v. Socony-Vacuum Oil Co., Inc. :: 310 U.S. 150 (1940)

  • It is not improper in a Sherman Act case to discuss corporate power, its use and abuse, relevantly to the issues, for the subject is material to the ...

  • United States v. Socony-Vacuum Oil Co., Inc.

United States v. Socony-Vacuum Oil Co., Inc. :: 310 U.S. 150 (1940)


6. [PDF] Concentration, Cooperation, Control and Competition

  • at 8979 (1914). 363 Violations of orders under the FTC Act were not made punishable by civil penalties until the Wheeler-Lea Act. Act of Mar. 21, 1938, ch ...

7. [PDF] Morality and Antitrust - Legal Scholarship Repository

  • Apr 13, 2022 · the then fifty-nine-year life of the Sherman Act, no jail sentences were imposed upon executives who entered pleas of nolo contendere. The court.

8. [PDF] fourteenth amendment - rights guaranteed privileges and ... - GovInfo

  • ... its juris- diction the equal protection of the laws. CITIZENS OF THE UNITED ... It is thus not impermissible to overturn a previous governmental deci- sion ...

9. [PDF] Congress and the Sherman Antitrust Law: 1887-1890 - Chicago Unbound

  • No one denies that Congress passed the Sherman Act in response to real public feeling against the trusts, but at this distance it is difficult to be sure how ...

10. [PDF] 88-r29.pdf - Virginia Department of Transportation

  • Defining the market is often critical in antitrust cases as the definition tells the court who is and is not in competition. "Competition" is also an economic ...

11. [PDF] Antitrust Status of Farmer Cooperatives:

  • The Capper-Volstead Act provides a limited exemption from antitrust liability for agricultural producers who market the products they.

12. [PDF] Computer Software as an Essential Facility under the Sherman Act

  • Jan 1, 1996 · Because a natural monopoly market will by definition support only ... not amount to an implied agreement, it is hard to see why antitrust.

13. [PDF] Standard Oil Co. v. United States, 221 U.S. 1 (1910). - Loc

  • At common law monopolies were unlawful because of their restriction upon ... The court held that the inhibitions of the Sherman Act were not limited to.

14. [PDF] The History of Antitrust Market Delineation

  • A famous antitrust law dictum is Learned Hand's statement that while ninety percent "is enough to constitute a monopoly; it is doubtful whether sixty or sixty- ...

15. [PDF] The Sherman Act and Avoiding Void-for-Vagueness

  • Although previous high-profile attempts to invalidate this core statute of antitrust law as unconstitu- tionally vague were unsuccessful, the landscape has ...

16. [PDF] UNITED STATES of America, Appellee, v. MICROSOFT ...

  • Court of Appeals reviews legal ques- tions de novo. 3. Monopolies O12(1.3). While merely possessing monopoly power is not itself an antitrust violation, it is a ...

17. [PDF] Does the Rule of Reason Violate the Rule of Law? - UC Davis Law Review

  • the Sherman Act, the Court “makes Congress say what it did not say; what, as ... Because the Court decides so few antitrust cases annually, it is unrealistic ...

18. Antitrust Dystopia and Antitrust Nostalgia: Alarmist Theories of ...

  • But digital markets are still not living up to their potential. A set of powerful economic factors have acted both to limit competition in the market at any ...

  • The dystopian novel is a powerful literary genre. It has given us such masterpieces as Nineteen Eighty-Four, Brave New World, Fahrenheit 451, and Animal Farm. Though these novels often shed light on some of the risks that contemporary society faces and the zeitgeist of the time . . .

19. [DOC] Antitrust - NYU Law

  • ... it is difficult to define Per Se Rule; Subjectivity of ... Thrust upon Defense – monopoly was “thrust upon” firm and firm did not actively monopolize.

20. [PDF] Prosecuting Failed Attempts to Fix Prices as Violations of the Mail and ...

  • 4 And clearly it is the Sherman Act that speaks most directly to antitrust attempts. While defendants who attempt price-fixing clearly possess an evil intent ...

21. Amazon's Antitrust Paradox - The Yale Law Journal

  • Jan 3, 2017 · This approach is misguided because it is much easier to promote competition at the point when a market risks becoming less competitive than it ...

  • Amazon is the titan of twenty-first century commerce. In addition to being a retailer, it is now a marketing platform, a delivery and logistics network, a payment service, a credit lender, an auction house, a major book publisher, a producer of television and films, a fashion designer, a hardware manufacturer, and a leading host of cloud server space.

Amazon's Antitrust Paradox - The Yale Law Journal

22. [PDF] Attempts and Monopolization: A Mildly Expansionary Answer to the ...

  • "Monopoly power" for purposes of the Sherman Act is the structural attribute that must be found before addressing the separate behavioral questions that will ...

23. [PDF] the merger incipiency doctrine and the importance of “redundant ...

  • Because of these severe penalties, a Sherman Act violation should only be found ... their fears that the reviewing courts would not sustain such challenges.


What is one reason why the Sherman Antitrust Act was difficult to enforce? ›

The act was designed to restore competition, but it was loosely worded and failed to define such critical terms as "trust," "combination," "conspiracy," and "monopoly." Five years later, the Supreme Court dismantled the act in United States v. E. C. Knight Company (1895).

Why was the Sherman Antitrust Act not very effective? ›

For more than a decade after its passage, the Sherman Act was invoked only rarely against industrial monopolies, and then not successfully, chiefly because of narrow judicial interpretations of what constitutes trade or commerce among states.

How did the Sherman Antitrust Act affect monopolies? ›

Section 2 of the Sherman Act makes it unlawful for any person to "monopolize, or attempt to monopolize, or combine or conspire with any other person or persons, to monopolize any part of the trade or commerce among the several States, or with foreign nations . . . ."

What are the problems with the Sherman Act? ›

The most common violations of the Sherman Act and the violations most likely to be prosecuted criminally are price fixing, bid rigging, and market allocation among competitors (commonly described as “horizontal agreements”).

What was a weakness of the Sherman Antitrust Act? ›

Its critics pointed out that it failed to define such key terms as "combination," "conspiracy," "monopoly" and "trust." Also working against it were narrow judicial interpretations as to what constituted trade or commerce among states.

What problem did the Sherman Antitrust Act help resolve quizlet? ›

-Passed in 1890, the Sherman Antitrust Act was the first major legislation passed to address oppressive business practices associated with cartels and oppressive monopolies. The Sherman Antitrust Act is a federal law prohibiting any contract, trust, or conspiracy in restraint of interstate or foreign trade.

Why were so few violations of the Sherman Antitrust Act brought to court? ›

Why were so few violations of the Sherman Antitrust Act brought to court? Court cases cost too much time and money. Which of the following was the main "spoil" in the spoils system? In 1887, Congress passed which of the following pieces of legislation to regulate railroads?

Why are monopolies illegal? ›

An unlawful monopoly exists when one firm has market power for a product or service, and it has obtained or maintained that market power, not through competition on the merits, but because the firm has suppressed competition by engaging in anticompetitive conduct.

What is the purpose of the Sherman Antitrust Act quizlet? ›

- The major purpose of the Sherman Antitrust Act was to prohibit monopolies and sustain competition so as to protect companies from each other and to protect consumers from unfair business practices.

What monopolies were broken up by the Sherman Antitrust Act? ›

It broke the monopoly into three dozen separate companies that competed with one another, including Standard Oil of New Jersey (later known as Exxon and now ExxonMobil), Standard Oil of Indiana (Amoco), Standard Oil Company of New York (Mobil, again, later merged with Exxon to form ExxonMobil), of California (Chevron), ...

What was the Sherman Antitrust Act Economics quizlet? ›

The Sherman Antitrust Act of 1890 made it illegal for companies to seek a monopoly on a product or service, or form cartels. An amendment passed by the U.S. Congress in 1914 that provides further clarification and substance to the Sherman Antitrust Act of 1890.

Which of the following statements best describes the Sherman Act? ›

The Sherman Act allows the US government to regulate activities that restrain competition and trade.

What company has violated the Sherman Act? ›

Standard Oil. The United States' government filed a case against Standard Oil due to alleged antitrust violations under the Sherman Act. The Supreme Court application of the Sherman Act in this case set a precedent for most other antitrust cases in the future.

Which of the following is the main criticism of the Sherman Act? ›

​The Sherman Act has been criticized to be too vague.

How did the enforcement of the Sherman Antitrust Act benefit consumers? ›

The Sherman Antitrust Act of 1890 was passed by Congress to outlaw trusts which monopolized a portion of the free market on an interstate level. The act, although rarely enforced on an appropriate level, benefited consumers as the dismantlement of hidden monopolies in the form of trusts increased market competition.

Why were political machines difficult to break up? ›

Why were political machines difficult to break up? They created a cycle of favors for votes. Which reform measure could voters use to approve an amendment to their state constitution?

Why was the Sherman Antitrust Act passed quizlet? ›

It was passed by the U.S Congress in Washington, D.C. It was passed by John Sherman because it was to stop monopoly businesses. How it got passed was the Senator of Ohio John Sherman came up with the idea sent it to U.S Congress and then decided to make it a law to stop monopoly businesses.

Why was the Sherman Antitrust Act significant quizlet? ›

- The major purpose of the Sherman Antitrust Act was to prohibit monopolies and sustain competition so as to protect companies from each other and to protect consumers from unfair business practices.


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