Legislative Intent and the Policy of the Sherman Act

@article{Bork1966LegislativeIA,
  title={Legislative Intent and the Policy of the Sherman Act},
  author={Robert H. Bork},
  journal={The Journal of Law and Economics},
  year={1966},
  volume={9},
  pages={7 - 48}
}
  • R. Bork
  • Published 1 October 1966
  • Law, Economics
  • The Journal of Law and Economics
DESPITE the obvious importance of the question to a statute as vaguely phrased as the Sherman Act, the federal courts in all the years since 1890 have never arrived at a definitive statement of the values or policies which control the law's application and evolution. The question of values, therefore, remains central to controversy about this basic law and its interpretation. More than one factor bears upon the answer to the question. Courts do not and should not, for example, attempt to… 
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