Concentration, Cooperation, Control and Competition
THE ORIGINS OF THE FTC: CONCENTRATION, COOPERATION, CONTROL, AND COMPETITION Marc Winerman* Concentration and co-operation are conditions imperatively essential for industrial advance; but if we allow concentration and co-operation there must be control in order to protect the people, and adequate control is only possible through the administrative commission. Hence concentration, co-operation, and control are the key words for a scien- tific solution of the mighty industrial problem which now confronts this nation. —Theodore Roosevelt, quoting Charles Van Hise, in accepting the 1912 Progressive Party nomination.1 [Standard Oil Co. v. United States2] will be a signal for the voluntary breaking up of all combinations in restraint of trade within the inhibi- tion of the [Sherman Act]. —William Howard Taft, September 18, 1911.3 [T]he proper role of the government is to encourage not combination, but co-operation. —Letter of Louis D. Brandeis, November 11, 1911.4 I don’t want a smug lot of experts to sit down behind closed doors in Washington and play providence to me. —Woodrow Wilson, September 17, 1912.5 [A]n attempt was very properly made . to provide tribunals which would distinctly determine what was fair and what was unfair competi- * Attorney, Office of the General Counsel, Federal Trade Commission. The views expressed herein are the author’s and do not necessarily represent the views of the Commission or any Commissioner. The author thanks William Kovacic, James May, Bruce Freedman, James Hurwitz, Theodore Gebhard, Hillary Greene, Robert Lande, Stephen Calkins, Marilyn Kerst, and Tara Koslov for helpful comments. The author also acknowl- edges the help of Elaine Sullivan, other staff of the Federal Trade Commission library, and Tab Lewis of the National Archives.
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