Vanderbilt Law Review


Philip Marcus

First Page



One must agree with the district court's observation that the mere fact that one opens a business in an area with the idea that he will succeed and an existing-perhaps poorly run-business will have to withdraw and leave him alone in the field is hardly a situation which the Sherman Act is intended to reach. The Sherman Act does not protect one from competition, least of all a monopolist, which the Gazette admittedly was. And this is true even though the competition is likely to result in a monopoly. But there are limits upon the methods which one can use to compete, and it seems to the writer that these limitations cannot be stated wholly in terms of "unfair means" to the exclusion of such considerations as the use of monopoly profits.