"A humbug based on economic ignorance and incompetence"- Antitrust in the Eyes of Justice Holmes

Neely, Alfred S.

Journal: Utah Law Review

Volume: 1993

Year: 1993

Bluebook Citation: 1993 UTAH L. REV. (1993)

Author: Alfred S. Neely: all 3 publications


Abstract

The focus of this Article is Justice Holmes's record on antitrust. Its purpose is to assess his judicial behavior against the backdrop of his self-proclaimed antipathy for the Sherman Act. It draws on a variety of sources. The best evidence in the judicial record of Holmes's position on antitrust is found where he put pen to paper, either on behalf of the Court or in dissent." Occasionally, when Holmes joined the opinion of another Justice, either concurring or dissenting, one finds additional evidence of some, but lesser, quality.

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