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Public Law and Legal Theory

1996

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Competition Policy In America 1888-1992: History, Rhetoric, Law, Rudolph J.R. Peritz Jan 1996

Competition Policy In America 1888-1992: History, Rhetoric, Law, Rudolph J.R. Peritz

Books

Americans have long appealed to images of free competition in calling for free enterprise, freedom of contract, free labor, free trade, and free speech. This imagery has retained its appeal in myriad aspects of public policy--for example, Senator Sherman's Anti-Trust Act of 1890, Justice Holmes's metaphorical marketplace of ideas, and President Reagan's rhetoric of deregulation.

In Competition Policy in America, 1888-1992, Rudolph Peritz explores the durability of free competition imagery by tracing its influences on public policy. Looking at congressional debates and hearings, administrative agency activities, court opinions, arguments of counsel, and economic, legal, and political scholarship, he finds …