John Lord O’Brian, Hoover’s Antitrust Chief, Gives the FTC an Antitrust Lesson

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About the Author

Robert T. Joseph is a Partner in the office of SNR Denton US LLP. He served as Chair of the ABA Section of Antitrust Law in 2002–03. The author acknowledges the helpful comments of Gary Senner, Ky Ewing, William Kolasky, and Marc Winerman.

MANY YEARS AGO A FEDERAL TRADE Commission colleague recommended to me (then a novice staff attorney with an interest in American history) Professor Ellis Hawley’s The New Deal and
the Problem of Monopoly: A Study in Economic Ambivalence. Early in his detailed assessment of the New Deal’s attempts to grapple with “the problem of monopoly,” Hawley sets the stage for his Roosevelt-era narrative. He recounts efforts in the 1920s by certain segments of the business community to use industry codes of ethics to dampen what they considered to be “destructive” price competition.

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