Document Type
Response or Comment
Publication Date
1-2013
Abstract
In U.S. v. Topco Associates, Inc., Justice Thurgood Marshall announced that "[a] ntitrust laws in general, and the Sherman Act in particular, are the Magna Carta of free enterprise.", In The Antitrust Constitution, Thomas Nachbar takes seriously the idea that federal antitrust laws serve a constitutional function. He argues that, contrary to common assumptions, the antitrust laws cannot be understood merely as a form of economic utilitarianism. Rather, they serve the additional purpose of preventing "regulatory harm," the assertion of law-like control over the conduct of others outside the sphere of one's own property interests.
Recommended Citation
Crane, Daniel A. "'The Magna Carta of Free Enterprise' Really?" Iowa L. Rev. Bull. 99 (2013): 17-23.
Included in
Antitrust and Trade Regulation Commons, Constitutional Law Commons, Supreme Court of the United States Commons