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 Department of Justice (DOJ), also known as the Justice Department, is a federal executive department of the United States government tasked with the enforcement of federal law and administration of justice in the United States. It is equivalent to the justice or interior ministries of other countries. The department is headed by the U.S. Attorney General, who reports directly to the president of the United States and is a member of the president's Cabinet. The current attorney general is Merrick Garland, who was sworn on March 11, 2021.The modern incarnation of the department was formed in 1870 during the Ulysses S. Grant presidency. The department is composed of federal law enforcement agencies, including the U.S. Marshals Service, the Federal Bureau of Investigation, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Drug Enforcement Administration and the Federal Bureau of Prisons. The primary actions of the DOJ are investigating instances of white collar crime, representing the U.S. government in legal matters (such as in cases before the Supreme Court), and running the federal prison system. The department is also responsible for reviewing the conduct of local law enforcement as directed by the Violent Crime Control and Law Enforcement Act of 1994.
1938Jul, 20
The United States Department of Justice files suit in New York City against the motion picture industry charging violations of the Sherman Antitrust Act in regards to the studio system. The case would eventually result in a break-up of the industry in 1948.
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Events on 1938
- 18Feb
Nanking Massacre
Second Sino-Japanese War: During the Nanking Massacre the Nanking Safety Zone International Committee is renamed "Nanking International Rescue Committee" and the safety zone in place for refugees falls apart. - 12Mar
Austria
Anschluss: German troops occupy and absorb Austria. - 23Sep
Munich Agreement
Mobilization of the Czechoslovak army in response to the Munich Agreement. - 30Sep
Munich Agreement
Britain, France, Germany and Italy sign the Munich Agreement, allowing Germany to occupy the Sudetenland region of Czechoslovakia. - 30Oct
The War of the Worlds (radio drama)
Orson Welles broadcasts his radio play of H. G. Wells's The War of the Worlds, causing anxiety in some of the audience in the United States.