Since the very beginnings of capitalism, the law in our society has embodied a policy with respect to restraint of trade, monopolization, and unfair competition. Many characteristics of that policy have evolved steadily over time, while others have remained essentially unchanged. In the next ten to fifteen years we may expect further development of the policy implicit in the antitrust law. In a world in which technology as well as political, social, and economic institutions are rapidly changing, it would be surprising if the antitrust policy component of American political and economic institutions remained static. To forecast in detail the development of the law, however, would require prescience beyond the powers of any student of the subject. The law of antitrust is the net result of the interaction of business behavior, enforcement activity, judicial decision, and Congressional action, all of which are in turn affected by other public policy problems. Therefore, this discussion of the possible, probable, and ideal characteristics of antitrust law and policy ten to fifteen years hence will include some thoughts on the basic nature of antitrust policy, some speculation on other policy areas closely related to antitrust, and some indication of possible courses of development. I make no attempt to avoid normative value judgments since I make no claim to being a "pure" scientist.
David Dale Martin,
Some Thoughts on the Future Course of American Antitrust Law Policy,
46 Neb. L. Rev. 680
Available at: http://digitalcommons.unl.edu/nlr/vol46/iss3/7