Law Quadrangle (formerly Law Quad Notes)


Excerpts from a speech given at the 19th Annual Meeting of the Industrial Relations Research Association in San Francisco, December 28, 1966

A central aim of the antitrust laws is the promotion of competition. A central aim of collective bargaining is the elimination of competition - according to classical trade union theory, the elimination of wage competition among all employees doing the same job in the same industry. Given these disparate aims, the antitrust laws and collective bargaining will also inevitably tend to clash. To harmonize them, the type of competition which the law is intended to foster must be carefully distinguished from the type of competition which union-employer bargaining can properly displace. The Supreme Court's last major effort to draw the demarcation line produced the Pennington and Jewel Tea decisions of 1965