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Antitrust Policy: A Century of Economic and Legal Thinking
William E. Kovacic, School of Law, George Washington University, Washington, D.C.
Carl Shapiro, Haas School of Business and Economics Department, University of California, Berkeley
ABSTRACT: Passage of the Sherman Act in the United States in 1890 set the stage for a century of jurisprudence regarding monopoly, cartels, and oligopoly. Among American statutes that regulate commerce, the Sherman Act is unequaled in its generality. The Act outlawed "every contract, combination or conspiracy in restraint of trade" and "monopolization" and treated violations as crimes. By these open-ended commands, Congress gave federal judges extraordinary power to draw lines between acceptable cooperation and illegal collusion, between vigorous competition and unlawful monopolization.
SUGGESTED CITATION: William E. Kovacic and Carl Shapiro,
"Antitrust Policy: A Century of Economic and Legal Thinking"
(October 2, 1999).
Competition Policy Center.
Paper CPC99-009.
http://repositories.cdlib.org/iber/cpc/CPC99-009
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