Abstract
Abstract The first extended public deliberations about enacting competition policy as positive law in America occurred around the Sherman Act debates between 1888 and 1890. In the Fiftieth Congress, differing views of free competition, freedom of contract, and their proper affiliations inspired almost two years of contentious debate, two radically different antitrust bills, and a split Senate. For two decades following passage of the Sherman Anti-Trust Act, cases calling for interpretation of the statute divided the Supreme Court into warring factions. These disputes over antitrust policy took place in a historical period rife with political and economic conflict—sometimes fought in the streets, often argued in courtrooms and legislative chambers, almost daily emblazoned across the pages of newspapers and popular magazines.1
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