The Sherman Antitrust Act of 1890 (26 Stat. 209, 15 U.S.C. §§ 17) is a United States antitrust law which prescribes the rule of free competition among those engaged in commerce. It was passed by Congress and is named for Senator John Sherman, its principal author.
The Sherman Act broadly prohibits 1) anticompetitive agreements and 2) unilateral conduct that monopolizes or attempts to monopolize the relevant market. The Act authorizes the Department of Justice to bring suits to enjoin (i.e. prohibit) conduct violating the Act, and additionally authorizes private parties injured by conduct violating the Act to bring suits for treble damages (i.e. three times as much money in damages as the violation cost them). Over time, the federal courts have developed a body of law under the Sherman Act making certain types of anticompetitive conduct per se illegal, and subjecting other types of conduct to case-by-case analysis regarding whether the conduct unreasonably restrains trade.
The law attempts to prevent the artificial raising of prices by restriction of trade or supply. "Innocent monopoly", or monopoly achieved solely by merit, is legal, but acts by a monopolist to artificially preserve that status, or nefarious dealings to create a monopoly, are not. The purpose of the Sherman Act is not to protect competitors from harm from legitimately successful businesses, nor to prevent businesses from gaining honest profits from consumers, but rather to preserve a competitive marketplace to protect consumers from abuses.
The United States Congress is the legislature of the federal government of the United States. It is bicameral, being composed of a lower body, the House of Representatives, and an upper body, the Senate. The Congress meets in the United States Capitol in Washington, D.C. Both senators and representatives are chosen through direct election, though vacancies in the Senate may be filled by a governor's appointment. Congress has 535 voting members: 100 senators and 435 representatives. The vice president of the United States has a vote in the Senate only when senators are evenly divided. The House of Representatives has six non-voting members.The sitting of a Congress is for a two-year term, at present, beginning every other January. Elections are held every even-numbered year on Election Day. The members of the House of Representatives are elected for the two-year term of a Congress. The Reapportionment Act of 1929 establishes that they be elected in single-member constituencies or districts by first-past-the-post and that Congressional districts be apportioned to states by population every ten years using the United States Census results, provided that each state has at least one Congressional representative. Each senator is elected at-large in their state for a six-year term, with terms staggered, so every two years approximately one-third of the Senate is up for election. Each state, regardless of population or size, has two senators, so currently, there are 100 senators for the 50 states.
Article One of the United States Constitution requires that members of Congress must be at least 25 years old (House) or at least 30 years old (Senate), have been a citizen of the United States for seven (House) or nine (Senate) years, and be an inhabitant of the state which they represent. Members in both chambers may stand for re-election an unlimited number of times.
The Congress was created by the Constitution of the United States and first met in 1789, replacing in its legislative function the Congress of the Confederation. Although not legally mandated, in practice since the 19th century, Congress members are typically affiliated with one of the two major parties, the Democratic Party or the Republican Party, and only rarely with a third party or independents affiliated with no party. In the case of the latter, the lack of affiliation with a political party does not mean that such members are unable to caucus with members of the political parties. Members can also switch parties at any time, although this is quite uncommon.
1890Jul, 2
The U.S. Congress passes the Sherman Antitrust Act.
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Events on 1890
- 1Jun
Herman Hollerith
The United States Census Bureau begins using Herman Hollerith's tabulating machine to count census returns. - 2Jul
Sherman Antitrust Act
The U.S. Congress passes the Sherman Antitrust Act. - 12Sep
Rhodesia
Salisbury, Rhodesia, is founded. - 24Sep
1890 Manifesto
The Church of Jesus Christ of Latter-day Saints officially renounces polygamy. - 25Sep
Sequoia National Park
The United States Congress establishes Sequoia National Park.