1980Duke Law JournalRequires access

Labor-Antitrust: The Problems of Connell and a Remedy That Follows Naturally

Joseph Casey, Michael J. Cozzillio

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Abstract

Since the passage of the Sherman Act,' the Supreme Court has struggled to formulate a test governing labor's exemption from the antitrust laws.Resolution of this issue has required the Court to reconcile two competing and at times diametrically opposed congressional directives without subordinating one to the other. 2On one hand, the antitrust laws are designed primarily to insure that economic power is diffused among competitors.It is generally believed that the public will benefit, in terms of lower prices and better products, from increased competition in the production and marketing of goods and services and * B.

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Since the passage of the Sherman Act,' the Supreme Court has struggled to formulate a test governing labor's exemption from the antitrust laws.Resolution of this issue has required the Court to reconcile two competing and at times diametrically opposed congressional directives without subordinating one to the other. 2On one hand, the antitrust laws are designed primarily to insure that economic power is diffused among competitors.It is generally believed that the public will benefit, in terms of lower prices and better products, from increased competition in the production and marketing of goods and services and * B.

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Available abstract

Since the passage of the Sherman Act,' the Supreme Court has struggled to formulate a test governing labor's exemption from the antitrust laws.Resolution of this issue has required the Court to reconcile two competing and at times diametrically opposed congressional directives without subordinating one to the other. 2On one hand, the antitrust laws are designed primarily to insure that economic power is diffused among competitors.It is generally believed that the public will benefit, in terms of lower prices and better products, from increased competition in the production and marketing of goods and services and * B.

Key concepts: Economics, Law and economics, Political science, Law

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