Competition Policy in America, 1888-1992: History, Rhetoric, by Rudolph J. R. Peritz

By Rudolph J. R. Peritz

In pageant coverage in the US, 1888-1992, Rudolph Peritz explores the sturdiness of loose pageant imagery by means of tracing its affects on public coverage. congressional debates and hearings, administrative corporation actions, courtroom reviews, arguments of information, and fiscal, criminal, and political scholarship, he reveals that loose festival has truly evoked diverse visions - freedom not just from oppressive govt, but in addition from inner most fiscal energy. He indicates how the discourse of unfastened festival has mediated among commitments to person liberty and tough equality - themselves risky over the years. This rhetorical procedure permits us to appreciate, for instance, that the Reagan and Carter courses of deregulation, either encouraged by means of the rhetoric of loose festival, have been pushed by means of essentially assorted visions of political economic climate.

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These images served to repress impulses toward equalizing market power and to obscure the effects of gross economic inequalities on individual liberty. S. 35 Supporters of combination were calling upon the powerful idea of liberty. Individual liberty legitimized private agreements, whether or not they restrained competition, by summoning a counterfactual image of typical market transactions as free exchanges between roughly equal parties. In this way, the impulse toward liberty constituted the foundation for a freedom-of-contract regime that relied on an ideal of equal competition and viewed social and economic reality as momentary aberrations from the ideal.

Field dissented, insisting that the Court had a constitutional duty to define the limits of state power over private interests. This constitutional duty derived from a conviction that there was no commonwealth. There were only majoritarian and individual interests, only public and private spheres, which diverged. "23 It is important to remember precisely what the Supreme Court's rate cases and the Commerce Act debates concluded—that both congressional policy and constitutional protection of property must assure only that private investors receive a minimum fair profit, not the maximum profit possible through monopolization or private agreement.

The Addyston Pipe opinion announced that the first impasse between Literalist and Rule of Reasonist factions was resolved. Indeed, cartel cases would almost always muster unanimous opinions during the next two decades. For example, Justice Holmes wrote for a unanimous Court in Swift & Co. (1905) that a combination of meat processors, in agreeing not to bid against one another in setting prices for sales to stockyards, violated the Sherman Act. Adopting a much broader notion of interstate commerce than E.

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