Cornell Law Review Volume 24 Article 4 Issue 1 December 1938 Anti-Trust Acts and Monopolistic Competition Julius Cohen Follow this and additional works at: http://scholarship.law.cornell.edu/clr Part of the Law Commons Recommended Citation Julius Cohen, Anti-Trust Acts and Monopolistic Competition , 24 Cornell L. Rev. 80 (1938) Available at: http://scholarship.law.cornell.edu/clr/vol24/iss1/4 This Article is brought to you for free and open access by the Journals at Scholarship@Cornell Law: A Digital Repository. It has been accepted for inclusion in Cornell Law Review by an authorized administrator of Scholarship@Cornell Law: A Digital Repository. For more information, please contact
[email protected]. THE ANTI-TRUST ACTS AND "MONOPOLISTIC COMPETITION" A Case Study JULIUS COHEN One thing is clear. The steady match towards concentrated economic power has not been stemmed by the anti-trust acts.1 Whether the Sherman Act was "intended to mean anything save a big noise to gull the gullible"2 or was a serious attempt to preserve "free competition", it has neither "disintegrated society into individual atoms' 3 nor eliminated the existence of monopolistic control. In the judicial laboratory the anti-trust laws have been distilled to represent mere limitations upon certain competitive tactics.4 The safety zone carved out by the Standard Oi15 and Tobacco cases,6 the protective cloak placed around the control manifested by the United States Shoe Machinery Co. case,7 the sanctioning of price leadership in the steel industry,8 and the approval of