Competition Policy in America, 1888-1992: History, Rhetoric, by Rudolph J. R. Peritz

By Rudolph J. R. Peritz

In festival coverage in the USA, 1888-1992, Rudolph Peritz explores the sturdiness of loose pageant imagery through tracing its affects on public coverage. congressional debates and hearings, administrative corporation actions, courtroom reviews, arguments of information, and financial, criminal, and political scholarship, he unearths that loose pageant has truly evoked diversified visions - freedom not just from oppressive executive, but additionally from inner most monetary strength. He exhibits how the discourse of loose festival has mediated among commitments to person liberty and tough equality - themselves risky through the years. This rhetorical technique permits us to appreciate, for instance, that the Reagan and Carter courses of deregulation, either encouraged through the rhetoric of loose festival, have been pushed via essentially assorted visions of political economic system.

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Additional info for Competition Policy in America, 1888-1992: History, Rhetoric, Law

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Or was it a sense that cartels, in charging only "fair prices," had no victims, whereas labor unions provoked violence and boycotts, more threatening injuries not only economically but also socially and politically? What of the view among elite lawyers and economists that combinations of capital created productive efficiencies, while combinations of labor simply raised costs? Whatever the explanation, the classical view of competition proceeded from assumptions that would make elitist rationales at once troubling and acceptable.

A hint of trouble was seen in the long line of labor injunction cases. The Danbury Hatters decision (1908), for example, seemed on the sur- 38 COMPETITION POLICY IN AMERICA, 1888-1992 face to be consistent with the cartel cases. , was simply illegal. Whether combinations of employees or combinations of commercial competitors, the Sherman Act would strike them down. There was, however, the fundamental difference mentioned earlier: Not only manufacturing and commercial concerns in general but also employers in labor relations cases were uniformly treated as individuals, although they were typically aggregations—often incorporated groups.

35 Supporters of combination were calling upon the powerful idea of liberty. Individual liberty legitimized private agreements, whether or not they restrained competition, by summoning a counterfactual image of typical market transactions as free exchanges between roughly equal parties. In this way, the impulse toward liberty constituted the foundation for a freedom-of-contract regime that relied on an ideal of equal competition and viewed social and economic reality as momentary aberrations from the ideal.

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