Sherman Act Applications to Predation by Controlled Economy Enterprises Marketing in the United States: Departures from Mechanical Formulae

In a reproachful dissent in United States v. Columbia Steel, the late Justice Douglas sought to remind his brethren what the antitrust laws of the United States are all about: [A]ll power tends to develop into a government in itself. Power that controls the economy should be in the hands of elected representatives of the people, not in the hands of an industrial oligarchy. Industrial power should be decentralized…. That is the philosophy and the command of the Sherman Act.