The Sherman Law Where It Has Failed Why It Has Failed And a Constructive Sugge
The Sherman Law Where It Has Failed Why It Has Failed And a Constructive Sugge
George W George Walbridge Perkins
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Nothing in the Sherman Law has in any way protected the public from all these serious and costly evils. Constructive, Not Destructive, Action Required. There is a vast difference between restraint of trade and expansion of trade, and this difference varies according to the nature of the business. It is utterly impossible to define it in any one law so that it will cover all forms of business. We can never properly handle this important question ex- cept through a permanent court or commission t...hat will have broad powers and discretion in the matter. As it stands to-day, no business man, no lawyer, no judge, no court has been able to define it ; and if the Supreme Court in the important industrial cases now coming before it is able to define it in those particular cases, the rulings will not necessarily apply to other concerns doing business under different conditions and in entirely different lines of trade. Furthermore, it is of the utmost importance in this matter of restraint of trade that a company should know what it can do and what it cannot do, before it starts in business.
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