About the Clayton Antitrust Act of 1914

The Clayton Antitrust Act of 1914, was enacted on October 15, 1914, with a goal of strengthening provisions of the Sherman Antitrust Act. Enacted in 1890, the Sherman Act had been the first federal law intended to protect consumers by outlawing monopolies, cartels, and trusts. The Clayton Act sought to enhance and address weaknesses in the Sherman Act by preventing such unfair or anti-competitive business practices in their infancy. Specifically, the Clayton Act expanded the list of prohibited practices, provided a three-level enforcement process, and specified exemptions and remedial or corrective methods. Background If trust is a good thing, why does the United States have so many â€Å"antitrust† laws, like the Clayton Antitrust Act? Today, a â€Å"trust† is simply a legal arrangement in which one person, called the â€Å"trustee,† holds and manages a property for the benefit of another person or group of people. But in the late 19th century, the term â€Å"trust† was typically used to describe a combination of separate companies. The 1880s and 1890s saw a rapid increase in the number of such large manufacturing trusts, or â€Å"conglomerates,† many of which were viewed by the public as having too much power. Smaller companies argued that the large trusts or â€Å"monopolies† had an unfair competitive advantage over them. Congress soon began to hear the call for antitrust legislation. Then, as now, fair competition among businesses resulted in lower prices for consumers, better products and services, greater choice of products, and increased innovation. Brief History of Antitrust Laws Advocates of antitrust laws argued that the success of the American economy depended on the ability of small, independently owned business to compete fairly with each other. As  Senator John Sherman  of Ohio stated in 1890, â€Å"If we will not endure a king as a political power we should not endure a king over the production, transportation, and sale of any of the necessaries of life.†   Ã‚   In 1890, Congress passed the  Sherman Antitrust Act  by nearly unanimous votes in both the  House  and  Senate. The Act prohibits companies from conspiring to restrain free trade or otherwise monopolize an industry. For example, the Act bans groups of companies from participating in â€Å"price fixing,† or mutually agreeing to unfairly control prices of similar products or services. Congress designated the  U.S. Department of Justice  to enforce the Sherman Act.   In 1914, Congress enacted the  Federal Trade Commission Act  prohibiting all companies from using unfair competition methods and acts or practices designed to deceive consumers. Today the Federal Trade Commission Act is aggressively enforced by the Federal Trade Commission (FTC), an independent agency of the executive branch of government. Clayton Antitrust Act Bolsters the Sherman Act Recognizing the need to clarify and strengthen the fair business safeguards provided by the Sherman Antitrust Act of 1890, Congress in 1914 passed an amendment to the Sherman Act called the  Clayton Antitrust Act. President Woodrow Wilson signed the bill into law on October 15, 1914. The Clayton Act addressed the growing trend during the early 1900s for large corporations to strategically dominate entire sectors of business by employing unfair practices like predatory price fixing, secret deals, and mergers intended only to eliminate competing companies. Specifics of the Clayton Act The Clayton Act addresses unfair practices not clearly prohibited by the Sherman Act, such as predatory mergers and â€Å"interlocking directorates,† arrangements in which the same person makes business decisions for several competing companies. For example, Section 7 of the Clayton Act bans companies from merging with or acquiring other companies when the effect â€Å"may be substantially to lessen competition, or to tend to create a monopoly.† In 1936, the  Robinson-Patman Act  amended the Clayton Act to prohibit anticompetitive price discrimination and allowances in dealings between merchants. Robinson-Patman was designed to protect small retail shops against unfair competition from large chain and â€Å"discount† stores by establishing minimum prices for certain retail products. The Clayton Act was again amended in 1976 by the  Hart-Scott-Rodino Antitrust Improvements Act, which requires companies planning major mergers and acquisitions to notify both the Federal Trade Commission and the Department of Justice of their plans well in advance of the action. In addition, the Clayton Act allows private parties, including consumers, to sue companies for triple damages when they have been harmed by an action of a company that violates either the Sherman or Clayton Act and to obtain a court order prohibiting the anticompetitive practice in the future. For example, the Federal Trade Commission often secures court orders banning companies from continuing false or deceptive advertising campaigns or sales promotions. The Clayton Act and Labor Unions Emphatically stating that â€Å"the labor of a human being is not a commodity or article of commerce,† the Clayton Act forbids corporations from preventing the organization of labor unions. The Act also prevents union actions such as strikes and compensation disputes from being in antitrust lawsuits filed against a corporation. As a result, labor unions are free to organize and negotiate wages and benefits for their members without being accused of illegal price fixing. Penalties for Violating the Antitrust Laws The Federal Trade Commission and the Department of Justice share the authority to enforce the antitrust laws. The Federal Trade Commission can file antitrust lawsuits in either the federal courts  or in hearings held before  administrative law  judges. However, only the Department of Justice can bring charges for violations of the Sherman Act. In addition, the Hart-Scott-Rodino Act gives the state attorneys general authority to file antitrust lawsuits in either state or federal courts. Penalties for violations of the Sherman Act or the Clayton Act as amended can be severe and can include criminal and civil penalties: Violations of the Sherman Act:  Companies violating the Sherman Act can be fined up to $100 million. Individuals – typically executives of the violating corporations—can be fined up to $1 million and sent to prison for up to 10 years. Under federal law, the maximum fine may be increased to twice the amount the conspirators gained from the illegal acts or twice the money lost by the victims of the crime  if either of those amounts is over $100 million.Violations of the Clayton Act:  Corporations and individuals violating the Clayton Act can be sued by the people they harmed for three times the actual amount of the damages they suffered. For example, a consumer who spent $5,000 on a falsely advertised product or service can sue the offending businesses for up to $15,000. The same â€Å"treble damages† provision can also be applied in â€Å"class-action† lawsuits filed on the behalf of multiple victims. Damages also include attorneys fees and other cour t costs. The Basic Objective of Antitrust Laws Since the enactment of the Sherman Act in 1890, the objective of the U.S. antitrust laws has remained unchanged: to ensure fair business competition in order to benefit consumers by providing incentives for businesses to operate efficiently thus allowing them to keep quality up and prices down. Antitrust Laws in Action Breakup of Standard Oil While charges of violations of the antitrust laws are file and prosecuted every day, a few examples stand out due to their scope and the legal precedents they set. One of the earliest and most famous examples is the court-ordered 1911 breakup of the giant Standard Oil Trust monopoly. By 1890, the Standard Oil Trust of Ohio controlled 88% of all oil refined and sold in the United States. Owned at the time by John D. Rockefeller, Standard Oil had achieved its oil industry domination by slashing its prices while buying up many of its competitors. Doing so allowed Standard Oil to lower its production costs while increasing its profits.In 1899 the Standard Oil Trust was reorganized as the Standard Oil Co. of New Jersey. At the time, the â€Å"new† company owned stock in 41 other oil companies, which controlled other companies, which in turn controlled yet other companies. The conglomerate was viewed by the public – and the Department of Justice as an all-controlling monopoly, controlled by a small, elite group of directors who acted without accountability to the industry or the public.In 1909, the Department of Justice sued Standard Oil under the Sherman Act for creating and maintaining a monopoly and restricting interstate commerce. On May 15, 1911, the U.S. Supreme Court upheld the lower court’s decision declaring the Standard Oil group to be an unreasonable monopoly. The Court ordered Standard Oil broken up into 90 smaller, independent companies with different directors.

Reconstruction The Failure Of Reconstruction - 1529 Words

Reconstruction: By: Siryet Girma 1,514 words 7 pages Historical Paper Reconstruction: the failure Reconstruction was a failure because African American were still not equal to White Americans. The Emancipation Proclamation was proclaimed in January 1, 1863. It freed more than 3 million slaves in the Confederate states by January 1, 1863, blacks enlisted in the Union Army in large numbers, reaching some 180,000 by war’s end. Reconstruction began in 1865 right after the Civil War. Abraham Lincoln created a plan for Reconstruction that called for Reconciliation. Abraham Lincoln believed that preserving the Union was way more important than punishing the South. On the other hand, Robert E. Lee urged southerners to reconcile with the North and reunite as Americans. Abraham Lincoln proposed the Ten Percent Plan which offered southerners amnesty, or official pardon, for all illegal acts supporting the rebellion. The southerners could do 2 things to receive amnesty. First they had to swear an oath of loyalty to the United States. Second they had to agree that slaver y was now illegal. On January 31, 1865, Congress proposed the 13th amendment. It stated that neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States of America, or any place subject to their jurisdiction. In 1865, theShow MoreRelatedReconstructions Failure809 Words   |  4 PagesReconstruction’s Failure It was clear to people in the late 1800s that the Civil War caused many national problems along with problems within the union. However, the Civil War assuaged many problems for the country. For example, slavery was abolished, the supremacy of the national government had been confirmed, and secession had been proved false. Some people may believe that the main reason why the congress’ reconstruction efforts to ensure equal rights to the freedmen failed was becauseRead MoreThe Failure Of Reconstruction Of Texas989 Words   |  4 PagesThe Failure of Reconstruction in Texas There are many Texas myths that endured about carpetbaggers during the failed Reconstruction era. â€Å"Carpetbaggers was generally used to describe Northerners who moved to the south after the Civil War especially who joined state Republicans formed in 1867† pg. 212. They were rumored to be allegedly â€Å"corrupt and dishonest adventurous who’s property could fit in a carpet bag (a soft suitcase made of carpet) who seized political power†. In this essay, I will analyzeRead MoreEssay On Reconstruction Failure1019 Words   |  5 PagesReconstruction Failure America has had many ups and downs physically and emotionally through the years. People have stood up for many of things having either different or same objectives and plans for the present or the future. As days, weeks, months, and even years pass one can notice that history runs its course, most of these game changing courses always come to end. One major game changer was Reconstruction. Reconstruction was a time period were leaders were fighting over power and justiceRead MoreEssay on The Reasons for the Failure of Reconstruction542 Words   |  3 Pages The original purpose of Reconstruction was to restore the buildings and the economy of the south the best they could, but without the immoral element of slavery. But, reconstruction under the Johnson Presidency was a failure for a few reasons: 1) Convict Leasing, 2) Sharecropping, 3) the Ku Klux Klan, 4) Segregation in schools, even in the North, 5) Carpetbaggers/Scalawags, 6) misleading statistics, and 7) racism. Convict Leasing was started when lawmakers saw a loop hole in the ThirteenthRead MoreWas The Reconstruction A Success Or A Failure Essay941 Words   |  4 Pages Discuss Whether Reconstruction Was a Success or a Failure. Reconstruction is the period of rebuilding the south that succeeded the Civil War (1861-1865). This period of time is set by the question now what? The Union won the war and most of the south was destroyed. Devastation, buildings turned into crumbles and lost crops. The South was drowning in poverty. To worsen the situation there were thousands of ex-slaves that were set free by the Emancipation Proclamation and the 13 Amendment. AllRead MoreEssay on The Successes and Failures of Reconstruction 668 Words   |  3 Pages Reconstruction could be considered one of the largest projects ever undertaken. The mess that was the south, left in the ruins of a bloody war, called for drastic measures. The inquisition that begs to be asked is whether or not this venture was a success. Unfortunately the answer isnt as simple as yes or no. Although many promises were broken, the much-debated goals of Reconstruction are still present in the minds of todays leaders as we continue to rebuild our c ountry. Readmission toRead MoreCivil War Reconstruction: Success or Failure? Essay1262 Words   |  6 PagesAP US History 06 January 2006 Reconstruction: Failure The Civil war was possibly the greatest tragedy that this country had ever faced. Years of constant arguing, compromises and cynical ideas about slavery pushed this so called United Nation into an atrocious collision between the Northern abolitionists and the Southern proslavery farmers and plantation owners. The nation suffered enormous losses economically and went into a downward spiral. The reconstruction period began with many leadersRead MoreI 35 W Bridge Failure And Reconstruction1991 Words   |  8 PagesI-35 W Bridge Failure and Reconstruction Introduction: The I-35W Mississippi river bridge also known as Bridge 9340 officially was an eight-lane, steel truss arch bridge which carried the Interstate 35W across the Mississippi river connected the downtown east and Marcy-Holmes. Its construction began in the year 1964, was finally opened in 1967. It connected the northeast of Metrodome on its south end and the University of Minnesota on the North end. The bridge was the boundary of â€Å"Mississippi Mile†Read MoreDebate over if the Reconstruction Era was Failure Essay1222 Words   |  5 Pagesabolished slavery, Fourteenth Amendment; that stated all persons born in the states were American citizens and finally the Fifteenth Amendment which highlighted that the a citizen’s right to vote should not be denied, thus achieving one of the aims of Reconstruction. As a result of those southern states that rejoined the Union, African Americans were legally classed as American citizens, allowing them access to rights that they were previously limited to. For example, in the eyes of the law, ex slavesRead MoreEssay on How the Failure of Reconstruction Impacted African Americans885 Words   |  4 Pagescountry could once again be the United States of America, not the Divided States of America. The years from 1865 to 1877 were a time of rebuilding – the broken communities and the broken relations. This time period was known as Reconstruction. Reconstruction was a failure on the basis that the 13th, 14th, and 15th amendments that were passed should have given protection and freedom to the African American people, instead, it actually hurt them because the laws were not enforced, and eventually lead

Post-impressionism and Artists Free Essays

Impressionism was a movement that came about in the late 19th century, most specifically its roots can be traced back the 1874 when a group called the Anonymous Society of Painters, Sculptors, Printmakers, etc. organized an exhibition in Paris. (Samu, 2004). We will write a custom essay sample on Post-impressionism and Artists or any similar topic only for you Order Now The group led several exhibitions through the 1880’s which brought them into the spot light despite criticism from the conventional art community in France. The movement received its name from one of the movements most now most recognized artists Claude Monet and his piece Impression, Sunrise. It is said that a critic accused the painting of being a sketch or â€Å"impression†. (Samu, 2004) Paintings of this period tended to be outdoor scenes and panoramas. My Grandfather, Lawrence Bird, who was an artist and set designer for Disney modeled his style of art after this period. He was inspired by the artists of this period and their focus on developing their own technique that was more centered around light and its effect on the image. The painting technique included short choppy and broken strokes with vibrant and light colors adding new dimensions to their paintings. Impressionism did an amazing thing it realized the phenomenon of transitoriness. The artist that carries his canvas out into the great outdoors and strives to record every small detail of what his eye can perceive is in very different state of mind than the artist that creates his art in a studio reconstructed from sketches or studies. (Collins, 2012) The social, economic and political climate of this time saw many changes. You had the industrial revolution, which replaced small farms and factories with large industrial complexes. This eventually led people into more urban areas out of the country side. There is the release of the communist manifesto by Marx and Engles and of course Darwin’s release of â€Å"Orgin of the species. † (Werner, 1998) Both changing the way people thought and viewed the world they lived in. Due to the above mentioned industrial revolution there are many new and useful items now readily available to artists, authors, sculptors and so forth. One of these items includes synthetic chemical pigments that often have greater luminosity than previous organic pigments, thus allowing the artists to explore more vibrant styles. The most notable and recognized painters of this time embraced this new medium in which to work with. These artists included: Alfred Sisley, Armand Guillaumin, Berthe Morisot, Camille Pissarro, Claude Monet and Pierre Renoir. As a former sailor in the United States Navy I have an affinity for lighthouses and depictions of the sea. One of my favorite pieces of this time is Claude Monet’s – Mouth of the Seine, done in 1865. This masterpiece, with its lighthouse in the distance depicts the coming and going of the many merchant, fishing and leisure vessels as they navigate the waters of the Seine river as it empties into the English Channel. The image to me, represents a simpler time where sailing was an art that was performed by skill rather than instruments and automation. Impressionism was not brought about by a necessity or tragic change in the social environment, more so out of the fact of new ideas and the availability of these new mediums. This allowed the artists to break free of the â€Å"statu quo† and express their view on the world around them in a fresh, new and vibrant way. Impressionism opened up the art world’s eyes and lead to the influence of many new and creative artists that expounded on not only using the optical impressions but also using the new found artistic style to also expression emotion and themes of greater symbolism. (Voorhies, 2000) These artists â€Å"rebelled† against the so-called limitations of impressionism. These artists felt that impressionism was missing many key elements including emotional, structural, symbolic and spiritual representation. (Misialowski, 2006) Artists of this time frame worked, in most cases, independently and today are most often referred to as Post-Impressionists. The style was defined by vibrant colors, thick paint application, real life subject matter, geometric shapes, and distortion of objects figures for expressive emotional effect. Some of the key artists of this time included: Vincent van Gogh, Paul Cezanne, Paul Gauguin, Georges Seurat. Aristide Maillol and Edouard Vuillard. One of my favorite pieces of this time comes of course from van Gogh. The piece is titled Stra?enarbeiter which means Road Workers. The imagery of this piece is rough and course with distorted views and sharp lines. The shapes of the trees almost draw you away from the what the piece is actually titled after, the road workers who are shown off in the distance and then again on the left edge of the painting. The colors give the image a dark look like it is depicting a late fall day with the workers frantically trying to complete the task before the onset of winter. Again, like the impressionism movement, there was not really a prime reason for this movement other than the artists wants to more freely express themselves through their work. The social climate of the times were changing allowing for these artists to do what they were doing, however; the majority of these post-impressionism artists were â€Å"starving artists† and didn’t gain huge notoriety until after death. The two paintings are similar but completely different. Each of the pieces captures the artists view of the world as they perceive it, the use of color to exact a response from the viewer. Each artist depicted a scene in which people were working against the elements with those that were there for leisure. Where they differ is in the way the artist wants the picture to be viewed. While Monet wanted to show the beauty of the landscape, ships and buildings, van Gogh showed a different view of it being distorted colorless and hopeless. As impressionism gave way to post impressionism, post impressionism paved the way for modern art. Showing many artists that it was okay to express and play with imagery. That art was not locked down to someone else’s definition of what it should be. It was what your perception of it was. It could be the anger of a thousand paint splatters. It could be the combination of print, paint, chalk and pastels. What you thought was art was art. As my Grandfather told me, art is not limited or bound by rules nor is it created in a lab. Art comes from within, from your emotions, from your perceptions. Impressionism unlocked chains of a thousand years of oppression to give us the inspiration for what we have now. How to cite Post-impressionism and Artists, Papers