Labor made a bold attempt in the case of Apex Hosiery Company v. Leader to procure a determination by the Supreme Court that labor organizations and their activities are exempt from the Sherman Act. The act, having survived this attack, presumably remains a potential weapon against labor unions. However, the Court by its decision has rejected a theory that the Sherman Act should be expanded on the principles of the Wagner Act decisions, has imposed a new restriction upon its application, and has opened the way for developments which will have substantially the effect of excluding labor unions from its application.
Philip W. Buchen,
LABOR LAW - THE APEX DECISION AND ITS EFFECT ON THE APPLICATION OF THE SHERMAN ACT TO ACTIVITIES OF LABOR UNIONS,
Mich. L. Rev.
Available at: https://repository.law.umich.edu/mlr/vol39/iss3/9