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История экономики. Монополизация экономики США и антитрестовское законодательство (самое важное)

Lecture notes, cheat sheets

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34. Monopolization of the US economy and antitrust laws

Due to the lack of free capital in the United States since the 1860s. active corporatization of production began. Subsequently, independent joint-stock companies began to conclude temporary agreements (pools) on uniform prices, tariffs, and production volumes. The most common form of monopolies are trusts and holdings.

Trusts were created by transferring their management rights to a single centralized board by shareholders.

The second form of monopolies in the United States were holding companies. Holding companies acquired controlling stakes in various enterprises, which allowed them to control, manage and finance these companies, although the latter retained legal independence.

State regulation plays an important role in maintaining the necessary level of competition in the market.

There are three main directions in its development in this area.:

1) measures aimed at the prohibition of monopolies (antitrust legislation);

2) state regulation of natural monopoly;

3) protection of companies from "excessive competition".

Antitrust Law - is a complex and extensive network of laws and regulations aimed at achieving the successful functioning of the market and the regulation of competition between firms.

The antitrust laws of many countries have been modeled on the US antitrust laws: the Sherman Act, the Clayton Act, and the US Federal Trade Commission ruling.

Sherman Act of 1890. constitutes the core of antitrust policy in the economic life of the United States. It outlaws "every contract and association, whether in the form of a trust or in any other form, or conspiracy to restrict commerce between the states or with foreign countries."

The federal government agencies that oversaw the implementation of the Sherman Act were successful in implementing antitrust programs, for example, they managed to demonopolize and break up Standard Oil and American Tobacco in 1911.

However, the Sherman Act had a number of omissions: this piece of legislation did not say anything about the status of monopolies formed by merger. In addition, many of the activities that restricted competition in the free market were interpreted here in a vague and ambiguous way.

Therefore, in 1914, the Clayton Act was passed, the main provisions of which were:

1) virtually all forms of discrimination in pricing policy were prohibited;

2) restrictions were imposed on the sale of goods with a forced assortment;

3) it was forbidden to merge firms by acquiring shares of competitors if such actions reduced competition;

4) it was forbidden to combine positions on the boards of directors of different firms.

Simultaneously with the Clayton Act, the US Congress ratified FTC ruling, which supplemented Clayton's law. This piece of legislation was intended to protect the interests of the consumer, to prohibit advertising that misleads consumers, and to prevent unfair competition practices. This act gave the US Federal Trade Commission, a newly created and independent body, the authority to determine, on a case-by-case basis, evidence of antitrust violations.

Since 1914, two amendments to the Clayton Act have been passed: the Robinson-Patman Act (1936), which strengthened measures to combat discrimination in the field of price policy, and the Celler Act (1950), which regulated the practice of merging monopolies even more strictly.

Authors: Zilbertova T.N., Takhtomysova D.A.

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