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John Sherman (Lancaster, 10 de maio de 1823 — Washington, D.C., 22 de outubro de 1900) foi um engenheiro, jurista e político norte-americano.
John Sherman (May 10, 1823 – October 22, 1900) was an American politician from Ohio who served in federal office throughout the Civil War and into the late nineteenth century. A member of the Republican Party, he served in both houses of the U.S. Congress.
9 de mai. de 2024 · John Sherman was an American statesman, financial administrator, and author of major legislation concerning currency and regulation of commerce. A younger brother of General William Tecumseh Sherman, he practiced law in Ohio before entering politics. He served in the U.S. House of Representatives.
- The Editors of Encyclopaedia Britannica
Learn about John Sherman, who served as Secretary of State from 1897 to 1898 under President McKinley. Find out how he influenced U.S. trade policy, opposed the Spanish-American War, and clashed with the President and his Cabinet.
- Background
- Provisions
- Legacy
- Legal Application
- Preemption by Section 1 of State Statutes That Restrain Competition
- Criticism
In Spectrum Sports, Inc. v. McQuillan506 U.S. 447 (1993) the Supreme Court said: According to its authors, it was not intended to impact market gains obtained by honest means, by benefiting the consumers more than the competitors. Senator George Hoar of Massachusetts, another author of the Sherman Act, said the following: At Apex Hosiery Co. v. Lea...
Original text
The Sherman Act is divided into three sections. Section 1 delineates and prohibits specific means of anticompetitive conduct, while Section 2 deals with end results that are anti-competitive in nature. Thus, these sections supplement each other in an effort to prevent businesses from violating the spirit of the Act, while technically remaining within the letter of the law. Section 3 simply extends the provisions of Section 1 to U.S. territories and the District of Columbia.
The federal government began filing cases under the Sherman Antitrust Act in 1890. Some cases were successful and others were not; many took several years to decide, including appeals. Notable cases filed under the act include: 1. United States v. Workingmen's Amalgamated Council of New Orleans(1893), which was the first to hold that the law applie...
Constitutional basis for legislation
Congress claimed power to pass the Sherman Act through its constitutional authority to regulate interstate commerce. Therefore, federal courts only have jurisdiction to apply the Act to conduct that restrains or substantially affects either interstate commerce or trade within the District of Columbia. This requires that the plaintiff must show that the conduct occurred during the flow of interstate commerce or had an appreciable effect on some activity that occurs during interstate commerce.
Elements
A Section 1 violation has three elements: 1. (1) an agreement; 2. (2) which unreasonably restrains competition; and 3. (3) which affects interstate commerce. A Section 2 monopolization violation has two elements: 1. (1) the possession of monopoly power in the relevant market; and 2. (2) the willful acquisition or maintenance of that power as distinguished from growth or development as a consequence of a superior product, business acumen, or historic accident. Section 2 also bans attempted mon...
Violations "per se" and violations of the "rule of reason"
Violations of the Sherman Act fall (loosely) into two categories: 1. Violations "per se": These are violations that meet the strict characterization of Section 1 ("agreements, conspiracies or trusts in restraint of trade"). A per se violation requires no further inquiry into the practice's actual effect on the market or the intentions of those individuals who engaged in the practice. Conduct characterized as unlawful per se is that which has been found to have a "'pernicious effect on competi...
To determine whether the Act preempts a state law, courts will engage in a two-step analysis, as set forth by the Supreme Court in Rice v. Norman Williams Co. 1. First, they will inquire whether the state legislation "mandates or authorizes conduct that necessarily constitutes a violation of the antitrust laws in all cases, or ... places irresistib...
Alan Greenspan, in his essay entitled Antitrust described the Sherman Act as stifling innovation and harming society. "No one will ever know what new products, processes, machines, and cost-saving mergers failed to come into existence, killed by the Sherman Act before they were born. No one can ever compute the price that all of us have paid for th...
With nearly 32 years in the Senate, John Sherman is perhaps best remembered for authoring the Sherman Antitrust Act (1890), the first federal law targeting monopolies and anti-competitive behavior. John Sherman died in Washington, D.C., on October 22, 1900, and is buried in Ohio.
John Sherman (Lancaster, 10 de maio de 1823 — Washington, D.C., 22 de outubro de 1900) foi um engenheiro, jurista e político norte-americano.
