Sherman`s Antitrust
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Sherman`s Antitrust
Whilst approaching the Twenty-first Century, America has taken significant
strides in the advancement of high technology. With the unveiling of this new
frontier comes continued innovation and government regulation. One aspect of the
government in particular, the Sherman Anti-Trust Act of 1890, has impeded the
progress of exploration into this new field; for the effectiveness of government
is a nefarious hindrance to the efficiency of technology. Thus comes the age old
question of who governs and to what ends. As a solution government should adopt
a more Adam Smith approach to the regulation of high technology; the Sherman
Anti-Trust Act should be amended by the legislature to allow more leeway for the
technological and dynamic computer industry. The result of such an amendment,
especially in a world economy such as ours, would allow American computer
companies to thrive and compete with foreign companies as well as lead the way
into the technological future of the Twenty-first Century. In the age of reform
as a result of public sentiment, Congress passed the Sherman Anti-Trust Act of
1890, named for Senator John Sherman. The one hundred and eight year old Sherman
Act forbids monopolizing a market or engaging in any “restraint of trade.”
Today “unlawful restraints” fall under three categories: 1) having too large
a market share; 2) tying the sale of one product to another; 3) predatory
pricing. For the past century the federal government has been pursuing a
populist attack on big businesses--RCA, U.S. Steel, IBM, AT&T, Brown Shoe,
A&P, etc. Most of the companies were ahead of their time and their
competitors allowing them to become a successful, albeit big, businesses;
however, due to government intervention and anti-trust investigation on the
basis of the outdated Sherman Act, many of these cutting edge businesses were
hindered in their progress for success. The market became a better trustbuster
than the Department of Justice, maybe even better than big-stick, trust-busting
Teddy Roosevelt. In 1969 the International Business Machines Corp. dominated the
market with a 65% share of the computer industry. As a result of this success,
the U.S. government sued IBM for having too large a market share and demanded
the company be dismantled. As the “effectiveness” of government and the
Sherman Anti-Trust Act were played out in the courts the advancement of
technology increased significantly with new companies sprouting up (i.e. Intel,
Micros...
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