The Antitrust Laws of the United States of America: A Study of Competition Enforced by Law

By A. D. Neale | Go to book overview

CHAPTER XIII
ANTITRUST REMEDIES

1. Criminal and civil remedies: fines in practice the only criminal penalty

The last topic in this description of antitrust is that of remedies; the impact of these laws on business cannot be assessed without knowing what happens to those who break them. It has already been noted that the Government's choice between criminal and civil proceedings cannot be guided simply by the gravity of supposed offences and is to some extent artificial. The real guide is the expected end-result of the legal process. A flagrant price-fixing conspiracy must be made the subject of a criminal case. A civil proceeding ending in a set of injunctions for the future could do no more in such a case than repeat the injunctions of the statute itself. The only end-result worth having from the point of view of the authorities is the punishment of the wrongdoer.

On the other hand, a flagrant and cynical seizure of monopoly power by a single enterprise or by a conspiracy between a few large firms may involve an altogether more serious degree of restraint of trade. Punishment may be just as apt as in the former case and indeed criminal proceedings may be brought and fines imposed. But in such a case it would be highly unsatisfactory to the authorities if fines of a few thousand dollars ended the matter. The monopoly would still be in control and the fines might be regarded simply as a not unreasonable licence fee for monopoly power. In such a case, therefore, those who enforce the law must have recourse to civil proceedings in order to obtain control over the future behaviour of the monopolist and, if possible, to secure a decree of dissolution so that its power may be dispersed or diluted. Yet the decree in a civil proceeding is not in theory punitive.

All this is somewhat artificial. People who have built up a successful business will regard a decree breaking it up as punitive, whatever the legal textbooks may say. Even injunctive relief, when it is extensive and detailed, will be regarded as punitive, especially when activities

-393-

Notes for this page

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items

Items saved from this book

This book has been saved
Highlights (0)
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

Citations (0)
Some of your citations are legacy items.

Any citation created before July 30, 2012 will labeled as a “Cited page.” New citations will be saved as cited passages, pages or articles.

We also added the ability to view new citations from your projects or the book or article where you created them.

Notes (0)
Bookmarks (0)

You have no saved items from this book

Project items include:
  • Saved book/article
  • Highlights
  • Quotes/citations
  • Notes
  • Bookmarks
Notes
Cite this page

Cited page

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

1

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited page

Bookmark this page
The Antitrust Laws of the United States of America: A Study of Competition Enforced by Law
Table of contents

Table of contents

Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this book

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Full screen
/ 516

matching results for page

Cited passage

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited passage

Welcome to the new Questia Reader

The Questia Reader has been updated to provide you with an even better online reading experience.  It is now 100% Responsive, which means you can read our books and articles on any sized device you wish.  All of your favorite tools like notes, highlights, and citations are still here, but the way you select text has been updated to be easier to use, especially on touchscreen devices.  Here's how:

1. Click or tap the first word you want to select.
2. Click or tap the last word you want to select.

OK, got it!

Thanks for trying Questia!

Please continue trying out our research tools, but please note, full functionality is available only to our active members.

Your work will be lost once you leave this Web page.

For full access in an ad-free environment, sign up now for a FREE, 1-day trial.

Already a member? Log in now.