Sherman Antitrust Act (1890)

1) Link to the Text of the Act
Read the statute (15 U.S.C. §§ 1–7)

2) Why It Was Done
The Sherman Act was passed to combat the growing power of monopolies and trusts in the late 19th century, ensuring fair competition and protecting consumers from price-fixing and market domination.

3) Pre-existing Law or Constitutional Rights
Before 1890, there was no comprehensive federal competition law. States had some common law remedies, but national markets required federal regulation.

4) Overreach or Proper Role?
Supporters view it as essential to protecting free markets. Critics argue its vague language gave courts wide discretion, sometimes leading to inconsistent enforcement.

5) Who or What It Controls

• Businesses and corporations engaged in interstate commerce
• Individuals who participate in anticompetitive practices
• Federal courts (given authority to enforce injunctions and penalties)

6) Key Sections / Citations

• 15 U.S.C. § 1 (prohibits contracts, combinations, conspiracies in restraint of trade)
• 15 U.S.C. § 2 (prohibits monopolization, attempts to monopolize)

7) Recent Changes or Live Controversies

• Modern enforcement targets include big tech companies for alleged monopolistic practices
• Debates continue over whether the Sherman Act adequately addresses digital markets and platform economies
• Active cases involve issues of market dominance, mergers, and antitrust exemptions

8) Official Sources

• U.S. Code – Title 15, Chapter 1
• Federal Trade Commission – Guide to Antitrust Laws
• Department of Justice – Antitrust Division

• Antitrust
• Competition
• Business
• Commerce
• Monopolies