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33 Antitrust Bull. 259 (1988)
The Reagan Administration's Antitrust Policy, Original Intent and the Legislative History of the Sherman Act

handle is hein.journals/antibull33 and id is 277 raw text is: The Antitrust Bulletin/Summer 1988

The Reagan administration's antitrust
policy, original intent and the
legislative history of the Sherman Act
BY JOHN J. FLYNN*
History is something that never happened,
written by a man who wasn't there. 
Anonymous.
Introduction
Until the advent of the Reagan Administration there was an
general consensus in the courts and in most of academia with
regard to the values underlying and the goals of Federal antitrust
policy. In Appalachian Coals, Inc. v. United States,' the Supreme
Court summarized the goals of fhe Sherman Act as being to
prevent undue restraints of interstate commerce, to maintain
appropriate freedom of interstate commerce and to afford
protection from the subversive or coercive influences of monopo-
listic behavior. The Court characterized the Act as a charter of
freedom and noted that the restrictions the act imposes are not
mechanical or artificial.2 In Northern Pacific Ry. v. United
States,3 Justice Black summarized the philosophy underlying the
Act as follows:
*  Hugh B. Brown Professor of Law, University of Utah, Salt Lake
City.
1 288 U.S. 344 (1933).
2 288 U.S. at 359-60.
3 356 U.S. 1 (1958).
0 1988 by Federal Legal Publications, Inc.

259

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