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Antitrust More Than A Century After Sherman: Why Protecting Competitors Promotes Competition More Than Economically Efficient Mergers, Andreas Koutsoudakis

Andreas Koutsoudakis, Esq.

The evolution of antitrust laws in the United States, from the Sherman Antitrust Act of 1890 to the Hart-Scott Rodino Antitrust Improvement Act of 1976, has been disrupted throughout this country’s history by a dispute as to whether antitrust legislation passed by the United States Congress (“Congress”) should have broad or narrow implications with regards to a merger between two companies. Historically, Congress has enacted antitrust legislation with broad implications, and the United States Supreme Court (“Court”) has applied the legislation narrowly. Thus, disagreement between these two branches of the United States government has existed, creating an obstacle to the …