Congressional intent

What purpose did congress intend the antitrust laws to serve? Only if we answer this question can we understand the courts interpretations of the antitrust laws, which we will discuss in the following chapter. Only then can be consider the fundamental question of Chapter 18: what purpose should the antitrust laws serve?

For a discussion, see Stigler, George J. “the origin of the Sherman act, “journal of legal studies volume 14, Number 1, January 1985, pp. 1-12, and the references cited therein.

The Sherman Act – Economic Goals

Interpreting debates and reports that preceded the passage of the Sherman act is rather like reading the bible: the words seem to be clear, but otherwise reasonable people have profoundly different views about what they mean. Given the religious ferocity that sometimes accompanies debates about antitrust policy, this is not an inappropriate analogy.