Chief Justice Edward Douglass White and the Birth of the Rule of Reason

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Chief Justice Edward Douglass White and the Birth of the Rule of Reason

Volume 24 Number 3

By

WHEN THE SHERMAN ANTITRUST ACT was enacted in 1890, most observers were skeptical—if not downright cynical—as to its value. Even John Sherman, whose name the Act carried, doubted its utility. In a newspaper interview, Sherman said he feared that the Judiciary Committee’s rewrite of his original bill had rendered the Act “totally ineffective in dealing with combinations and Trusts.” Sherman hoped later Congresses would “restore in substance the original design of the bill.”

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