St. John's Law Review Volume 45 Number 4 Volume 45, May 1971, Number 4 Article 12 NYSE Rules and the Antitrust Laws--Rule 394--Necessary Restrictions or Illegal Refusal to Deal? St. John's Law Review Follow this and additional works at: https://scholarship.law.stjohns.edu/lawreview This Note is brought to you for free and open access by the Journals at St. John's Law Scholarship Repository. It has been accepted for inclusion in St. John's Law Review by an authorized editor of St. John's Law Scholarship Repository. For more information, please contact
[email protected]. NOTE NYSE RULES AND THE ANTITRUST LAWS- RULE 394 - NECESSARY RESTRICTION OR ILLEGAL REFUSAL TO DEAL? INTRODUCTION From the year 1820, when the real history of the New York Stock Exchange may be said to have commenced, it has gone on steadily increasing in its members, power, and influence until today it can be safely affirmed to be the most powerful organization of the kind in the world.' As evidenced by the above statement, the hegemonic posture of the New York Stock Exchange was already well established in the latter part of the nineteenth century. The last ninety years have by no means demonstrated any diminution in this position. In fact, its dominance in the securities markets has finally prompted recent in- quiries into the possible illegality of sundry measures utilized by the Exchange to perpetuate its supereminence in the industry. Nevertheless, nowhere in its history has the New York Stock Exchange (NYSE) confronted the issues it faces today.