University of Minnesota Law School Scholarship Repository Minnesota Law Review 2009 United States Competition Policy in Crisis: 1890-1955 Herbert Hovenkamp Follow this and additional works at: https://scholarship.law.umn.edu/mlr Part of the Law Commons Recommended Citation Hovenkamp, Herbert, "United States Competition Policy in Crisis: 1890-1955" (2009). Minnesota Law Review. 483. https://scholarship.law.umn.edu/mlr/483 This Article is brought to you for free and open access by the University of Minnesota Law School. It has been accepted for inclusion in Minnesota Law Review collection by an authorized administrator of the Scholarship Repository. For more information, please contact
[email protected]. Article United States Competition Policy in Crisis: 1890-1955 Herbert Hovenkampt INTRODUCTION: HISTORICAL EXPLANATION AND THE MARGINALIST REVOLUTION The history of legal policy toward the economy in the United States has emphasized interest group clashes that led to regula- tory legislation.' This is also true of the history of competition policy. 2 Many historians see regulatory history as little more than a political process in which well-organized, dominant interest groups obtain political advantage and protect their particular in- dustry from competition, typically at the expense of consumers.3 t Ben V. & Dorothy Willie Professor, University of Iowa College of Law. Thanks to Christina Bohannan for commenting on a draft. Copyright 0 2009 by Herbert Hovenkamp. 1. See, e.g., WILLIAM J. NOVAK, THE PEOPLE'S WELFARE: LAW AND REGULA- TION IN NINETEENTH-CENTURY AMERICA 83-84 (1996); THE REGULATED ECONO- MY: A HISTORICAL APPROACH TO POLITICAL ECONOMY 12-22 (Claudia Goldin & Gary D.