Labor and the Antitrust Laws: The Apex Decision

Abstract

S OME fifty years have now passed since Congress enacted the Sherman Antitrust Law;' and more than twenty-five since it was strengthened in I9I4.2 Numerous times during this period the question of the liability of labor organizations under these acts has been raised and fought through the courts.3 Once again the Supreme Court has handed down a decision on this important question.4 A number of extremely important and fundamental issues were presented to the Court in the Apex case. In the first place the Court was again asked to rule upon the old question of whether or not the Sherman Act applied to tradeunion organizations. Second, if the Sherman Act was held applicable to trade-unions, then what trade-union activities are prohibited by it and what activities are permissible? In this particular case the union activities involved a sit-down strike which was attended by some violence. To what extent is the method (peaceful and legal as compared to violent and illegal) controlling in establishing labor's liability under the Sherman Act? Other extremely important issues presented to the Court for settlement in this case involved the effect of a strike upon interstate commerce, the matter of intent on the part of the workers, and the extent or amount of restraint of interstate commerce nec-