Clayton Antitrust Act of 1914

The Clayton Antitrust Act of 1914 (Pub.L. 63–212, 38 Stat. 730, enacted October 15, 1914, codified at 15 U.S.C. §§ 1227, 29 U.S.C. §§ 5253), was a part of United States antitrust law with the goal of adding further substance to the U.S. antitrust law regime; the Clayton Act sought to prevent anticompetitive practices in their incipiency. That regime started with the Sherman Antitrust Act of 1890, the first Federal law outlawing practices considered harmful to consumers (monopolies, cartels, and trusts). The Clayton Act specified particular prohibited conduct, the three-level enforcement scheme, the exemptions, and the remedial measures.

Like the Sherman Act, much of the substance of the Clayton Act has been developed and animated by the U.S. courts, particularly the Supreme Court.

Background

Since the Sherman Antitrust Act of 1890, courts in the United States had interpreted the law on cartels as applying against trade unions. This had created a problem for workers, who needed to organize to balance the equal bargaining power against their employers. The Sherman Act had also triggered the largest wave of mergers in US history, as businesses realized that instead of creating a cartel they could simply fuse into a single corporation, and have all the benefits of market power that a cartel could bring. At the end of the Taft administration, and the start of the Woodrow Wilson administration, a Commission on Industrial Relations was established. During its proceedings, and in anticipation of its first report on October 23, 1914, legislation was introduced by Alabama Democrat Henry De Lamar Clayton Jr. in the U.S. House of Representatives. The Clayton Act passed by a vote of 277 to 54 on June 5, 1914. Though the Senate passed its own version on September 2, 1914, by a vote of 46–16, the final version of the law (written after deliberation between Senate and the House), did not pass the Senate until October 5 and the House until October 8 of the next year.

Contents

The Clayton Act made both substantive and procedural modifications to federal antitrust law. Substantively, the act seeks to capture anticompetitive practices in their incipiency by prohibiting particular types of conduct, not deemed in the best interest of a competitive market. There are 4 sections of the bill that proposed substantive changes in the antitrust laws by way of supplementing the Sherman Antitrust Act of 1890. In those sections, the Act thoroughly discusses the following four principles of economic trade and business:

  • price discrimination between different purchasers if such a discrimination substantially lessens competition or tends to create a monopoly in any line of commerce (Act Section 2, codified at 15 U.S.C. § 13);
  • sales on the condition that (A) the buyer or lessee not deal with the competitors of the seller or lessor ("exclusive dealings") or (B) the buyer also purchase another different product ("tying") but only when these acts substantially lessen competition (Act Section 3, codified at 15 U.S.C. § 14);
  • mergers and acquisitions where the effect may substantially lessen competition (Act Section 7, codified at 15 U.S.C. § 18) or where the voting securities and assets threshold is met (Act Section 7a, codified at 15 U.S.C. § 18a);
  • any person from being a director of two or more competing corporations, if those corporations would violate the anti-trust criteria by merging (Act Section 8; codified 1200 at 15 U.S.C. § 19).

Comparisons to other acts

Unilateral price discrimination is clearly outside the reach of Section 1 of the Sherman Act, which only extended to "concerted activities" (agreements). Exclusive dealing, tying, and mergers are all agreements, and theoretically, within the reach of Section 1 of the Sherman Act. Likewise, mergers that create monopolies would be actionable under Sherman Act Section 2.

Section 7 of the Clayton Act allows greater regulation of mergers than just Sherman Act Section 2, since it does not require a merger-to-monopoly before there is a violation. It allows the Federal Trade Commission and Department of Justice to regulate all mergers, and gives the government discretion whether to give approval to a merger or not, which it still commonly does today. The government often employs the Herfindahl-Hirschman Index (HHI) test for market concentration to determine whether the merger is presumptively anticompetitive; if the HHI level for a particular merger exceeds a certain level, the government will investigate further to determine its probable competitive impact.

Section 7

Section 7 elaborates on specific and crucial concepts of the Clayton Act; "holding company" defined as "a company whose primary purpose is to hold stocks of other companies",[1] which the government saw as a "common and favorite method of promoting monopoly"[1] and a mere corporated form of the 'old fashioned' trust.

Another important factor to consider is the amendment passed in Congress on Section 7 of the Clayton Act in 1950. This original position of the US government on mergers and acquisitions was strengthened by the Celler-Kefauver amendments of 1950, so as to cover asset as well as stock acquisitions.

Pre-merger notification

Section 7a, 15 U.S.C. § 18a, requires that companies notify the Federal Trade Commission and the Assistant Attorney General of the United States Department of Justice Antitrust Division of any contemplated mergers and acquisitions that meet or exceed certain thresholds. Pursuant to the Hart–Scott–Rodino Antitrust Improvements Act, section 7A(a)(2) requires the Federal Trade Commission to revise those thresholds annually, based on the change in gross national product, in accordance with Section 8(a)(5) and take effect 30 days after publication in the Federal Register. (For example, see 74 FR 1687 and 16 C.F.R. 801.)

Section 8

Section 8 of the Act refers to the prohibition of one person of serving as director of two or more corporations if the certain threshold values are met, which are required to be set by regulation of the Federal Trade Commission, revised annually based on the change in gross national product, pursuant to the Hart–Scott–Rodino Antitrust Improvements Act. (For example, see 74 FR 1688.)

Other

Because the act singles out exclusive dealing and tying arrangements, one may assume they would be subject to heightened scrutiny, perhaps they would even be illegal per se. That remains true for tying, under the authority of Jefferson Parish Hospital District No. 2 v. Hyde. However, when exclusive dealings are challenged under Clayton-3 (or Sherman-1), they are treated under the rule of reason. Under the 'rule of reason', the conduct is only illegal, and the plaintiff can only prevail, upon proving to the court that the defendants are doing substantial economic harm.

Exemptions

An important difference between the Clayton Act and its predecessor, the Sherman Act, is that the Clayton Act contained safe harbors for union activities. Section 6 of the Act (codified at 15 U.S.C. § 17) exempts labor unions and agricultural organizations, saying "that the labor of a human being is not a commodity or article of commerce, and permit[ting] labor organizations to carry out their legitimate objective". Therefore, boycotts, peaceful strikes, peaceful picketing, and collective bargaining are not regulated by this statute. Injunctions could be used to settle labor disputes only when property damage was threatened.

The Supreme Court ruled in the 1922 case Federal Baseball Club v. National League that Major League Baseball was not "interstate commerce" and thus was not subject to federal antitrust law.

Enforcement

Procedurally, the Act empowers private parties injured by violations of the Act to sue for treble damages under Section 4 and injunctive relief under Section 16. The Supreme Court has expressly ruled that the "injunctive relief" clause in Section 16 includes the implied power to force defendants to divest assets.[2]

Under the Clayton Act, only civil suits could be brought to the court's attention and a provision "permits a suit in the federal courts for three times the actual damages caused by anything forbidden in the antitrust laws",[3] including court costs and attorney's fees.

The Act is enforced by the Federal Trade Commission, which was also created and empowered during the Wilson Presidency by the Federal Trade Commission Act, and also the Antitrust Division of the U.S. Department of Justice.

See also

Footnotes

  1. ^ a b Martin, David Dale, Mergers and the Clayton Act, University of California, Berkeley and Los Angeles, 1959
  2. ^ California v. American Stores Co., 495 U.S. 271 (1990).
  3. ^ Kintner; Joelson (1974). An International Antitrust Primer. New York: Macmillan. p. 20. ISBN 0-02-364380-3.

Further reading

  • Louis B. Boudin, "Organized Labor and the Clayton Act: Part I," Virginia Law Review, vol. 29, no. 3 (Dec. 1942), pp. 272–315. In JSTOR
  • Louis B. Boudin, "Organized Labor and the Clayton Act: Part II," Virginia Law Review, vol. 29, no. 4 (Jan. 1943), pp. 395–439. In JSTOR

External links

Amalgamated Sugar Company

The Amalgamated Sugar Company is an American sugar beet-refining company run on a cooperative basis. It was founded in 1897 in Logan, Utah, and is now located in Boise, Idaho. The company markets its sugar under the White Satin brand.

Celler–Kefauver Act

Celler–Kefauver Act is a United States federal law passed in 1950 that reformed and strengthened the Clayton Antitrust Act of 1914 which had amended the Sherman Antitrust Act of 1890. The Celler–Kefauver Act was passed to close a loophole regarding asset acquisitions and acquisitions involving firms that were not direct competitors. While the Clayton Act prohibited stock purchase mergers that resulted in reduced competition, shrewd businessmen were able to find ways around the Clayton Act by simply buying up a competitor's assets. The Celler–Kefauver Act prohibited this practice if competition would be reduced as a result of the asset acquisition.

Sometimes referred to as the Anti-Merger Act, the Celler–Kefauver Act gave the government the ability to prevent vertical mergers and conglomerate mergers which could limit competition.

Clayton, Alabama

Clayton is a town in and the county seat of Barbour County, Alabama, United States. The population was 3,008 at the 2010 census, up from 1,475 in 2000.

Emanuel Celler

Emanuel Celler (May 6, 1888 – January 15, 1981) was an American politician from New York who served in the United States House of Representatives for almost 50 years, from March 1923 to January 1973. He was defeated in the 1972 primary, becoming the most senior Representative ever at that time to lose a primary. He was a member of the Democratic Party. He is the longest-serving member ever of the United States House of Representatives from the state of New York.

Henry D. Clayton House

The Henry D. Clayton House is a historic house in Clayton, Alabama, and is most notable as the birthplace and childhood home of Henry De Lamar Clayton, Jr., a legislator and judge. Clayton came to prominence while serving in the U.S. Congress as the author of the Clayton Antitrust Act of 1914. This act that prohibited particular types of conduct that were deemed to not be in the best interest of a competitive market. He was appointed as a Federal District Judge in 1914, where he became recognized as an advocate for judicial reform.The plantation house was originally built by his father, Confederate General Henry DeLamar Clayton, Sr.. It was declared a National Historic Landmark on December 8, 1976.It is located 1 mile south of Clayton, off Alabama Bypass 30.

Henry De Lamar Clayton Jr.

Henry De Lamar Clayton Jr. (February 10, 1857 – December 21, 1929) was an American politician and judge from Alabama.

Henry De Lamar Clayton was born near Clayton, Alabama, in Barbour County on February 10, 1857. He attended the common schools and graduated from the literary department of the University of Alabama at Tuscaloosa in 1877 and from its law department in 1878. He was admitted to the bar in the latter year and commenced practice in the town of Clayton. In 1880, he moved to Eufaula, Alabama, and continued the practice of law.

Clayton served as member of the Alabama House of Representatives in 1890 and 1891 and served as United States Attorney for the Middle District of Alabama from 1893 to 1896. He was permanent chairman of the Democratic National Convention in 1908. He was elected as a Democrat to the Fifty-fifth and to the eight succeeding Congresses serving from March 4, 1897 until May 25, 1914. He was chairman of the Committee on the Judiciary (Sixty-second and Sixty-third Congresses) and sponsor of the Clayton Antitrust Act of 1914. He was one of the managers appointed by the House of Representatives in 1905 to conduct the impeachment proceedings against Charles Swayne, judge of the United States District Court for the Northern District of Florida, and in 1912 against Robert W. Archbald, judge of the United States Commerce Court.

Clayton served as a delegate from his home state to the 1912 Democratic National Convention. He then went on to serve in a variety of positions for the Federal Court System and in 1913, was appointed to the U.S. Senate to fill the vacancy caused by the death of Joseph F. Johnston, but his appointment was challenged and withdrawn. On May 2, 1914, Clayton was nominated by President Woodrow Wilson to a joint seat on the United States District Court for the Middle District and Northern District of Alabama, both vacated by Thomas Goode Jones. Clayton was confirmed by the United States Senate on May 2, 1914, and received commission the same day. He then moved to Montgomery to accept this commission, serving as a federal judge until his death.

He died in Montgomery and is buried in Eufaula, Alabama.

His brother, Bertram Tracy Clayton, was also a member of the House of Representatives. Their father, Henry De Lamar Clayton, was a prominent judge and major general in the Confederate army during the American Civil War.

His Clayton Alabama home, the Henry D. Clayton House, was declared a National Historic Landmark in 1976.

International Longshoremen's Association

The International Longshoremen's Association (ILA) is a labor union representing longshore workers along the East Coast of the United States and Canada, the Gulf Coast, the Great Lakes, Puerto Rico, and inland waterways. The ILA has approximately 200 local affiliates in port cities in these areas.

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The Supreme Court was the source of a number of concepts in the field, including fair use, the idea-expression divide, the useful articles or separability doctrine, and the uncopyrightability of federal documents.

This list is a list solely of United States Supreme Court decisions about applying copyright law. Not all Supreme Court decisions are ultimately influential and, as in other fields, not all important decisions are made at the Supreme Court level. Many federal courts issue rulings that are significant or come to be influential, but those are outside the scope of this list.

Because they share a clause of the Constitution and much the same justifications, there is considerable overlap between patent and copyright jurisprudence. As such, patent cases may appear in this list if they make their connections to copyright explicit in the opinions.

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Makan Delrahim

Makan Delrahim (born November 2, 1969) is an Iranian-American lawyer who serves as Assistant Attorney General for the Antitrust Division of the U.S. Department of Justice.

National Register of Historic Places listings in Barbour County, Alabama

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This is intended to be a complete list of the properties and districts on the National Register of Historic Places in Barbour County, Alabama, United States. Latitude and longitude coordinates are provided for many National Register properties and districts; these locations may be seen together in a Google map.There are 19 properties and districts listed on the National Register in the county, including 1 National Historic Landmark.

This National Park Service list is complete through NPS recent listings posted February 8, 2019.

Presidency of Benjamin Harrison

The presidency of Benjamin Harrison began on March 4, 1889, when Benjamin Harrison was inaugurated as President of the United States, and ended on March 4, 1893. Harrison, a Republican, took office as the 23rd United States president after defeating Democratic incumbent President Grover Cleveland in the 1888 election. Four years later he was defeated for re-election by Cleveland in the 1892 presidential election. Harrison is the only president to be preceded and succeeded by the same individual. Harrison is also the only president to be the grandson of another president.

Harrison and the Republican-controlled 51st Congress enacted the most ambitious domestic agenda of the late-nineteenth century. Hallmarks of his administration include the McKinley Tariff, which imposed historic protective trade rates, and the Sherman Antitrust Act, which empowered the federal government to investigate and prosecute trusts. Due in large part to surplus revenues from the tariffs, federal spending reached one billion dollars for the first time during his term. Harrison facilitated the creation of the National Forests through an amendment to the Land Revision Act of 1891, and substantially strengthened and modernized the Navy. He proposed, in vain, federal education funding as well as voting rights enforcement for African Americans during his administration. In foreign policy, Harrison sought tariff reciprocity in Latin America and increased U.S. influence across the Pacific. Harrison's presidency saw the addition of six new states, more than any other president.

Although many have praised Harrison's commitment to African Americans' voting rights, scholars and historians generally regard his administration as below-average, and rank him in the bottom half among U.S. presidents. Historians, however, have not questioned Harrison's commitment to personal and official integrity. With his ambitious domestic policy and assertive foreign policy, Harrison set a precedent for the more powerful presidencies of the 20th century.

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The Progressive Era was a period of widespread social activism and political reform across the United States that spanned from the 1890s to the 1920s. The main objectives of the Progressive movement were eliminating problems caused by industrialization, urbanization, immigration, and political corruption. The movement primarily targeted political machines and their bosses. By taking down these corrupt representatives in office, a further means of direct democracy would be established. They also sought regulation of monopolies (trust busting) and corporations through antitrust laws, which were seen as a way to promote equal competition for the advantage of legitimate competitors.

Many progressives supported prohibition of alcoholic beverages, ostensibly to destroy the political power of local bosses based in saloons, but others out of a religious motivation. At the same time, women's suffrage was promoted to bring a "purer" female vote into the arena. A third theme was building an Efficiency Movement in every sector that could identify old ways that needed modernizing, and bring to bear scientific, medical and engineering solutions; a key part of the efficiency movement was scientific management, or "Taylorism". The middle class was in charge for helping reform the Progressive Era, and they got stuck with all of the burdens of this reformation. In Michael McGerr's book "A Fierce Discontent", Jane Addams stated that she believed in the necessity of "association" of stepping across the social boundaries of industrial America.Many activists joined efforts to reform local government, public education, medicine, finance, insurance, industry, railroads, churches, and many other areas. Progressives transformed, professionalized and made "scientific" the social sciences, especially history, economics, and political science. In academic fields the day of the amateur author gave way to the research professor who published in the new scholarly journals and presses. The national political leaders included Republicans Theodore Roosevelt, Robert M. La Follette, Sr., and Charles Evans Hughes and Democrats William Jennings Bryan, Woodrow Wilson and Al Smith. Leaders of the movement also existed far from presidential politics: Jane Addams, Grace Abbott, Edith Abbott and Sophonisba Breckinridge were among the most influential non-governmental Progressive Era reformers.

Initially the movement operated chiefly at local level, but later it expanded to state and national levels. Progressives drew support from the middle class, and supporters included many lawyers, teachers, physicians, ministers, and business people. Some Progressives strongly supported scientific methods as applied to economics, government, industry, finance, medicine, schooling, theology, education, and even the family. They closely followed advances underway at the time in Western Europe and adopted numerous policies, such as a major transformation of the banking system by creating the Federal Reserve System in 1913 and the arrival of cooperative banking in the US with the founding of the first credit union in 1908. Reformers felt that old-fashioned ways meant waste and inefficiency, and eagerly sought out the "one best system".

Robinson–Patman Act

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The law grew out of practices in which chain stores were allowed to purchase goods at lower prices than other retailers. An amendment to the Clayton Antitrust Act, it prevented unfair price discrimination for the first time, by requiring that the seller offer the same price terms to customers at a given level of trade. The Act provided for criminal penalties, but contained a specific exemption for "cooperative associations".

Sam Rayburn

Samuel Taliaferro Rayburn (January 6, 1882 – November 16, 1961) was an American politician who served as the 43rd Speaker of the United States House of Representatives. He represented Texas's 4th congressional district as a Democrat from 1913 to 1961. He holds the record for the longest tenure as Speaker of the United States House of Representatives, serving for over 17 years (between three separate stints).

Born in Roane County, Tennessee, Rayburn moved with his family to Windom, Texas in 1887. After a period as a school teacher, Rayburn won election to the Texas House of Representatives and graduated from the University of Texas School of Law. He won election to the United States House of Representatives in 1912 and continually won re-election until his death in 1961. Rayburn was a protege of John Nance Garner and a mentor to Lyndon B. Johnson.

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Sherman Antitrust Act of 1890

The Sherman Antitrust Act of 1890 (26 Stat. 209, 15 U.S.C. §§ 1–7) was a United States antitrust law that was passed by Congress under the presidency of Benjamin Harrison, which regulates competition among enterprises.

The Sherman Act broadly prohibits (1) anticompetitive agreements and (2) unilateral conduct that monopolizes or attempts to monopolize the relevant market. The Act authorizes the Department of Justice to bring suits to enjoin (i.e. prohibit) conduct violating the Act, and additionally authorizes private parties injured by conduct violating the Act to bring suits for treble damages (i.e. three times as much money in damages as the violation cost them). Over time, the federal courts have developed a body of law under the Sherman Act making certain types of anticompetitive conduct per se illegal, and subjecting other types of conduct to case-by-case analysis regarding whether the conduct unreasonably restrains trade.

The law attempts to prevent the artificial raising of prices by restriction of trade or supply. "Innocent monopoly", or monopoly achieved solely by merit, is perfectly legal, but acts by a monopolist to artificially preserve that status, or nefarious dealings to create a monopoly, are not. The purpose of the Sherman Act is not to protect competitors from harm from legitimately successful businesses, nor to prevent businesses from gaining honest profits from consumers, but rather to preserve a competitive marketplace to protect consumers from abuses.

Silver v. New York Stock Exchange

Silver v. New York Stock Exchange, 373 U.S. 341 (1963), was a case of the United States Supreme Court which was decided May 20, 1963. It held that the duty of self-regulation imposed upon the New York Stock Exchange by the Securities Exchange Act of 1934 did not exempt it from the antitrust laws nor justify it in denying petitioners the direct-wire connections without the notice and hearing which they requested. Therefore, the Exchange's action in this case violated 1 of the Sherman Antitrust Act, and the NYSE is liable to petitioners under 4 and 16 of the Clayton Act.

Webb–Pomerene Act

The Webb–Pomerene Act was a law passed in 1918 that exempted certain exporters' associations from certain antitrust regulations.

Sponsored by Rep. Edwin Y. Webb (D) of North Carolina and Sen. Atlee Pomerene (D) of Ohio, the act granted immunity from antitrust regulation to companies that combined to operate the export trade that was essential to the war effort. The act was important because it granted exemptions from the Clayton Antitrust Act of 1914. Many large conglomerates that had previously been subject to Federal anti-trust investigations were now free to continue "business as usual" because they "aided" the war effort. Webb-Pomerene exemptions lasted well into the 1920s as the Federal Trade Commission granted stays of investigation for those companies that initially qualified for exemption under the 1918 act.

Woodrow Wilson

Thomas Woodrow Wilson (December 28, 1856 – February 3, 1924) was an American statesman and academic who served as the 28th president of the United States from 1913 to 1921. A member of the Democratic Party, Wilson served as the president of Princeton University and as the 34th governor of New Jersey before winning the 1912 presidential election. As president, he oversaw the passage of progressive legislative policies unparalleled until the New Deal in 1933. He also led the United States during World War I, establishing an activist foreign policy known as "Wilsonianism."

Born in Staunton, Virginia, Wilson spent his early years in Augusta, Georgia, and Columbia, South Carolina. After earning a Ph.D. in political science from Johns Hopkins University, Wilson taught at various schools before becoming the president of Princeton. As governor of New Jersey from 1911 to 1913, Wilson broke with party bosses and won the passage of several progressive reforms. His success in New Jersey gave him a national reputation as a progressive reformer, and he won the presidential nomination at the 1912 Democratic National Convention. Wilson defeated incumbent Republican President William Howard Taft and Progressive Party nominee Theodore Roosevelt to win the 1912 presidential election, becoming the first Southerner to serve as president since the Civil War.

During his first term, Wilson presided over the passage of his progressive New Freedom domestic agenda. His first major priority was the passage of the Revenue Act of 1913, which lowered tariffs and implemented a federal income tax. Later tax acts implemented a federal estate tax and raised the top income tax rate to 77 percent. Wilson also presided over the passage of the Federal Reserve Act, which created a central banking system in the form of the Federal Reserve System. Two major laws, the Federal Trade Commission Act and the Clayton Antitrust Act, were passed to regulate and break up large business interests known as trusts. To the disappointment of his African-American supporters, Wilson allowed some of his Cabinet members to segregate their departments. Upon the outbreak of World War I in 1914, Wilson maintained a policy of neutrality between the Allied Powers and the Central Powers. He won re-election by a narrow margin in the presidential election of 1916, defeating Republican nominee Charles Evans Hughes.

In early 1917, Wilson asked Congress for a declaration of war against Germany after Germany implemented a policy of unrestricted submarine warfare, and Congress complied. Wilson presided over war-time mobilization but devoted much of his efforts to foreign affairs, developing the Fourteen Points as a basis for post-war peace. After Germany signed an armistice in November 1918, Wilson and other Allied leaders took part in the Paris Peace Conference, where Wilson advocated for the establishment of a multilateral organization known as the League of Nations. The League of Nations was incorporated into the Treaty of Versailles and other treaties with the defeated Central Powers, but Wilson was unable to convince the Senate to ratify that treaty or allow the United States to join the League. Wilson suffered a severe stroke in October 1919 and was incapacitated for the remainder of his presidency. He retired from public office in 1921, and died in 1924. Scholars generally rank Wilson as one of the better U.S. presidents, though he has received strong criticism for his actions regarding racial segregation.

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