The Regulation of Industry

By Dudley F. Pegrum | Go to book overview

CHAPTER XI
Judicial Enforcement of the Anti-trust Laws

Enforcement Procedures

IN THE final analysis, all laws are interpreted and enforced by the courts. It is for them to decide what the law means, the authority which the enforcement agencies enjoy, and to be the last resort in the event of dispute over the application of the laws. In this sense, the courts enforce all the laws of the land. In so doing, however, they merely sit in judgment to resolve the issues between the disputants. The initiative for court action must be taken by some party. This may be done by private suit, by suit brought by some agency of the government with authority for that purpose, or by appeal against the order of some government agency which has the power to issue orders and enforce them in the absence of appeal to the courts.

As was pointed out in the previous chapter, the various anti-trust laws have their own procedures of enforcement. The Sherman Act is the only one that relies solely on the judiciary. In all cases, however, appeal may be taken to the courts on appropriate grounds. Because of this, the limits of the application of the laws are set by the decisions of the courts in the disputes which have been brought to them for adjudication. The Federal Trade Commission has sole responsibility over section 5 of the Federal Trade Commission Act and has had the principal responsibilities for section 2, 3, 7, and 8 of the Clayton Act, although it shares its authority here co-ordinately with the Attorney General. It has the duty of seeing that those who avail themselves of the privileges of the Webb-Pomerene Act do not violate its restrictions. Similarly, the Secretary of Agriculture is required to administer the Capper-Volstead Act. The courts enter the picture only if these authorities are disobeyed or disregarded or if an appeal is made against their rulings. On the other hand, if the Attorney General finds that the laws under his jurisdiction

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The Regulation of Industry
Table of contents

Table of contents

  • Title Page iii
  • Preface vii
  • Table of Contents xi
  • Chapter I - The Problem and Its Setting 1
  • References 15
  • Chapter II - Institutional Arrangements 17
  • References 42
  • Chapter III - Forms of Business Organization 44
  • References 72
  • Chapter IV - The Scale of Enterprise 74
  • References 100
  • Chapter V - Price Policies 102
  • References 125
  • Chapter VI - The Combination Movement in The United States 127
  • References 156
  • Chapter VII - Integrated Combinations 158
  • References 173
  • Chapter VIII - Combination by Agreement 175
  • References 195
  • Chapter IX - The Law and Industrial Control 197
  • References 231
  • Chapter X - Anti-Trust Legislation 233
  • References 258
  • Chapter XI - Judicial Enforcement of The Anti-Trust Laws 260
  • References 310
  • Chapter XII - The Federal Trade Commission 312
  • References 359
  • Chapter XIII - Patents 361
  • References 387
  • Chapter XIV - International Combinations 389
  • References 421
  • Chapter XV - Control of the Corporation 423
  • References 439
  • Chapter XVI - The State and Economic Life 440
  • References 458
  • Chapter XVII - The Problem of National Policy 461
  • References 481
  • Table of Cases 483
  • Index 489
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