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INTRODUCTION

This compilation, "The Antitrust Laws-A Basis for Economic reedom," was published first in January 1950, and a revised edition as made available in January 1959. In the "Introduction" to the riginal publication, I stated that although the compilation had been esigned originally only for the use of the Subcommittee on the Study f Monopoly Power, its usefulness to students and practitioners in he antitrust field gave it a permanent value that warranted publicaion separate from the committee's hearings.

Since the January 1959 revision, there have been important changes and amendments in the body of legislation that comprises our antitrust policies. The Clayton Act, for example, was amended in July 1959 to provide that orders issued under section 11 by a commission or board that is vested with jurisdiction thereunder shall become final, unless appealed to the courts. This legislation had been requested by the Federal Trade Commission since 1938 so that, procedurally, orders issued by the Federal Trade Commission under the Clayton Act would be on the same footing as the orders it issued under section 5 of the Federal Trade Commission Act. In September 1962 the antitrust law enforcement procedures were augmented by the enactment of the Antitrust Civil Process Act, to authorize the Attorney General to compel the production of documentary evidence that is required in civil investigations for the enforcement of the antitrust laws. Additional legislation that bears upon our antitrust policies is contained in the September 1961 amendment to the antitrust laws to permit certain joint agreements in telecasting organized professional team sports contests, and in the August 1962 authorization for the organization of the Communications Satellite Corporation.

Since its first publication in 1950, there has been a large and constant volume of requests for this compilation that has demonstrated its value in filling a specific need. Teachers, lawyers, universities, law schools, and public administrators have found this publication particularly useful. Accordingly, I requested the staff of the Antitrust Subcommittee to review the materials so that this up-to-date second revision could be made available.

The table of contents discloses the careful examination of the statutes that has resulted in this comprehensive compendium of the antitrust laws as of January 1, 1965.

With the passage of the Sherman Act in 1890 Congress evinced its determination to eradicate the abuses of monopoly in our national economy and to provide safeguards for the private enterprise system. The Sherman Act, prohibiting monopoly and restraints of trade, augmented by the Clayton Act and the Federal Trade Commission Act, lays down a fundamental policy which has permeated the entire fabric of Federal legislation.

IX

PUBLICATIONS OF THE ANTITRUST SUBCOMMITTEE

84TH CONGRESS

LEGISLATIVE HEARINGS AND REPORTS

Increase Antitrust Fine to $50,000. H. Rept. No. 70, February 23, 1955, on H.R. 3659; Public Law 135, July 7, 1955.

Government Action for Damages and Uniform Statute of Limitations. H. Rept. No. 422, April 18, 1955, on H.R. 4954; Public Law 137, July 7, 1955.

Bank Mergers. Hearings, Serial No. 7, July 5 and 6, 1955; H. Rept. No. 1417, July 26, 1955, on H.R. 5948.

Premerger Notification Amendment to Clayton Act. Hearings, Serial No. 15, January 16, 18, 20, and 23, 1956; H. Rept. No. 1889, March 15, 1956, on H.R. 9424.

Limitation of Good Faith Defense in Robinson-Patman Act. Hearings, Serial No. 21, April 18, 19, 20, and 26, 1956; H. Rept. No. 2202, May 24, 1956, on H.R. 1840.

Automobile Dealers Franchises. Hearings, Serial No. 26, July 2, 3, 9, and 10, 1956; H. Rept. No. 2850, July 20, 1956, on S. 3879; Public Law 1026, August 8, 1956.

INVESTIGATIVE HEARINGS AND REPORTS

Current Antitrust Problems. Hearings, Serial No. 3, 3 vols., May 10, 11, 12, 13, 16, 17, 18, 23, 24, 25; June 6, 7, 8, 10, 13, 14, 15, 17, 1955.

WOC's and Government Advisory Groups. Hearings, Serial No. 12, 4 vols., July 25, 26, 27, 29; August 4, 5, 10; October 25; November 2, 3, 4; December 7, 8, 9, 1955; July 26, 1956.

The Merger Movement in the Textile Industry. Staff Report to Subcommittee No. 5, August 1, 1955.

Conflicts of Interests, Full-Time Government Employees. Hearings, Serial No. 14, October 26, 28, 31, 1955.

The Business Advisory Council for the Department of Commerce. Interim Report of Antitrust Subcommittee (No. 5), December 12, 1955.

Corporate and Bank Mergers. Interim Report of Antitrust Subcommittee, December 27, 1955.

Monopoly Problems in Regulated Industries-Airlines. Hearings, Serial No. 22, Part I, 4 vols., February 27, 29; March 1, 7, 8, 12, 14, 15, 21, 22, 28; May 2, 3, 4, 10, 11, 16, 17, 21, 23 ; June 6, 13, 14 and 15, 1956.

Merger in a Regulated Industry (Louisville & Nashville RR.). A Staff Report, March 30, 1956.

Report of Antitrust Subcommittee (No. 5) on Activities of Peter A. Strobel, April 10, 1956.

Report of Antitrust Subcommittee on WOC's and Government Advisory Groups, April 24, 1956.

Monopoly Problems in Regulated Industries-Television: Hearings, Serial No. 22, Part II, 4 vols., June 27, 28; July 11, 12, 13; September 13, 14, 17, 18, 19, 20, 24, 25, 26 and 27, 1956.

Judicial Doctrine of Primary Jurisdiction as Applied in Antitrust Suits. A Staff Report to Subcommittee No. 5, October 15, 1956.

Antitrust Problems in the Exploitation of Patents. A Staff Report to Subcommittee No. 5, October 15, 1956.

85TH CONGRESS

LEGISLATIVE HEARINGS AND REPORTS

Premerger Notification Amendment to Clayton Act. Hearings, Serial No. March 6, 7, 8, 20, and 21, 1957; H. Rept. No. 486, May 28, 1957, on H.R. 7698. Federal Trade Commission Jurisdiction Over Meatpackers. Hearings (Jointly with Committee on Interstate and Foreign Commerce), June 5, 6, 7, 14, and July 26, 1957, on H.R. 7319 and other bills.

Organized Professional Team Sports. Hearings, Serial No. 8, 3 vols., June 17, 19, 20, 24, 25, 26; July 17, 18, 19, 24, 25, 31; and August 1, 7, 8, 1957; H. Rept. No. 1720, May 13, 1958, on H.R. 10378.

Functional Discounts. Hearings, Serial No. 21, July 16 and 17, 1958, H.R. 10304, H.R. 10305, H.R. 10604, H.R. 10999, and H.R. 11409.

INVESTIGATIVE HEARINGS AND REPORTS

The Television Broadcasting Industry. H. Rept. No, 607, June 24, 1957.

Consent Decree Program of the Department of Justice-Oil Pipelines. Hearings, Serial No. 9, Part I, 2 vols., October 21, 22, 23, and 24, 1957.

The Airlines Industry, April 5, 1957. H. Rept. No. 1328, February 4, 1958. Federal Conflict of Interest Legislation. A Staff Report to Subcommittee No. 5, Parts I and II, March 1, 1958.

Consent Decree Program of the Department of Justice-American Telephone & Telegraph Co. Hearings, Serial No. 9, Part II, 3 vols., March 25, 26, 27, 31; April 1, 15, 16, 17, 22, 23, 24, 30; May 1, 7, 8, 21, and 22, 1958.

Report of Antitrust Subcommittee (No. 5) on Conduct in Office of Robert Tieken, the United States Attorney for the Northern District of Illinois. Hearings, Serial No. 17, June 11, 12, 13, 16, 17, 18, 19, and 23, 1958. Report, August 7, 1958.

Federal Conflict of Interest Legislation. A Staff Report to Subcommittee No. 5,
Parts III, IV, and V, December 30, 1958.
Antitrust Laws: A Basis for Economic Freedom.
trust Subcommittee, Revised to January 1, 1959.

86TH CONGRESS

A Staff Report to the Anti

LEGISLATIVE HEARINGS AND REPORTS

Finality of Clayton Act Orders. Hearings, Serial No. 3, May 27 and 28, 1969. H. Rept. No. 580, June 26, 1969, on S. 726; Public Law 86-107, June 23, 1969. Functional Discounts. Hearings, Serial No. 7, June 25 and 26, 1969.

Group Bargaining by Milk Producers. Hearings, Serial No. 12, August 20 and 21, 1959.

Federal Conflict of Interest Legislation. Hearings, Serial No. 17, February 17, 18, 19, 24, 25, 26, March 2 and 3, 1960, Part 1; May 25 and June 1, 1960, Part 2.

INVESTIGATIVE HEARINGS AND REPORTS

Monopoly Problems in Regulated Industries—Ocean Freight Industry. Hearings, Serial No. 14, Part 1, 5 volumes, October 13, 14, 15, 20, 21, 22, 27, 29, 30, November 4, 5 and 6, 1959. Part 2, 2 volumes, December 22, 1959, and May 25 and June 1, 1960.

Return of Subpenas: Port of New York Authority. Hearings, Serial No. 20,
June 29, 1960.

Proceedings against Austin J. Tobin, H. Rept. No. 2117, August 23, 1960.
Proceedings against S. Sloan Colt, H. Rept. No. 2120, August 23, 1960.
Proceedings against Joseph G. Carty, H. Rept. No. 2121, August 23, 1960.
Port of New York Authority. Hearings, Serial No. 24, November 28, 29, 30,
December 1 and 2, 1960, 2 parts.

Report of the Antitrust Subcommittee (No. 5)
the Department of Justice, January 30, 1959.

on Consent Decree Program of (A.T. & T. and Oil Pipelines).

87TH CONGRESS

LEGISLATIVE HEARINGS AND REPORTS

Federal Conflict of Interest Legislation. Hearings, Serial No. 3, June 1 and 2, 1961. H. Rept. No. 748, July 20, 1961, on H.R. 8140; Public Law 87-849, October 23, 1962.

Premerger Notification. Hearings, Serial No. 5, April 27, 28, May 3 and 4, 1961. Auto Financing Legislation. Hearings, Serial No. 11, June 7, 8, 9, 28, 29, and 30, 1961. Parts 1 and 2.

Telecasting of Professional Sports Contests. Hearings, Serial No. 13, August 28, 1961. H. Rept. 1178, September 13, 1961, on H.R. 9096; Public Law 87-331, September 30, 1961.

Civil Investigative Demand. Hearings, Serial No. 14, August 23, 1961. H. Rept.
No. 1386, February 26, 1962, Conf. Rept. 1884, June 20, 1962, Conf. Rept. 2291,
August 28, 1962 on S. 167; Public Law 87-664, September 19, 1962.
Functional Discounts. Hearings, Serial No. 19, August 30, 1961.

Drug Industry Antitrust Act. Hearings, Serial No. 32, May 17, 18, 23 and 24, 1962.

INVESTIGATIVE HEARINGS AND REPORTS

Antitrust Consent Decrees and the Television Broadcasting Industry. Hearings, Serial No. 6, June 14 and 15, 1961.

Hear

Monopoly Problems in Regulated Industries-Ocean Freight Industry.
ings, Serial 10, Part 3, 2 volumes, March 7, 8, 9, 10, 15 and 16. 1961.
Progress Report from Federal Maritime Commission. Hearings, Serial No. 34.
Ocean Freight Industry, H. Rept. 1419, March 12, 1962.

Proposed Merger of Easter Air Lines and American Airlines. A Staff Report to
Subcommittee No. 5, March 23, 1962.

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