Vanderbilt Law Review


Philip Marcus

First Page



Government regulation of business may not be widespread but it is not unknown in this country. The source of such regulation normally,however, is a federal or state statute. Sometimes, as in the case of the Fair Trade Laws, businessmen have even promoted such regulation. Less well known, but often far-reaching, is the regulation of business conduct through antitrust judgments. Needless to say, generally such judgments are not welcomed by those to whom they apply.

About five hundred civil antitrust judgments have been entered in cases brought by the United States under the antitrust laws.' Cease and desist orders of the Federal Trade Commission, founded upon violation of the antitrust laws, have also been considerable in number.

Of the one hundred largest corporations in this country, few have escaped antitrust prosecution. This has been so, not because of their size, but because of misuse of power which they have possessed or because they have been parties to a price fixing agreement. Many,through the process of litigation or the medium of consent decree negotiations, have had an antitrust judgment entered against them. Hundreds of other corporations and many a trade association have found themselves in a similar situation.