Antitrust Policy in Distribution

Abstract

The entire Report of Attorney General's National Committee To Study Antitrust Laws rests on basic premise that the general objective of antitrust laws is promotion of competition in open markets. 1 Our collection of laws relating to distribution, however, suffer from two major ills-a confusion of free competition ideal with other goals and a profusion of doctrinal uncertainties which greatly complicate theoretical confusion. The Distribution Chapter of Report is an exceptionally well-written blueprint for more intelligent application of existing laws and constitutes a major achievement in an area which has robbed most patient experts of their composure. It falls a little short of being a thoroughgoing treatment of policy, however, because it does not fully explore deep conflict in underlying aims which vie for command of this field. The following comments will be addressed first to a general view of area in order to clarify what Committee did on policy level and what it did not do. Some of more important detailed recommendations will then be discussed. Any criticism of Report which happens to emerge here must be presumed to be self-criticism, for writer subscribed to a large measure of what was done in Distribution Chapter. As an individual, he perhaps may not be blamed for wishing that Committee had found it possible to do more.