Re:A Supreme Court Case That Could Give Tech Giants More Power
by bradleyjg on Friday March 02, 2018 @03:34PM
(#16505443)
> Even if they did have a majority, the Supreme Court, which is inherently stacked one way or another, could simply negate whatever decision was made, no?
It could, but that's kind of a stretch. In terms of anti-trust the courts have the Sherman Antitrust act (1890). This is the substance of the law:
Every contract, combination in the form of trust or otherwise, or conspiracy, in restraint of trade or commerce among the several States, or with foreign nations, is declared to be illegal.
There is a little more elaboration in the Clayton Antitrust Act (1914) and later amendments, but not much.
The courts have been left to develop a large body of judge made law in this area because Congress has done so little legislating. If Congress wished to put antitrust law on a firm and detailed statutory basis, my sense is that the courts would be very glad to be rid of the responsibility of developing it almost out of whole cloth.
It could, but that's kind of a stretch. In terms of anti-trust the courts have the Sherman Antitrust act (1890). This is the substance of the law:
Every contract, combination in the form of trust or otherwise, or conspiracy, in restraint of trade or commerce among the several States, or with foreign nations, is declared to be illegal.
There is a little more elaboration in the Clayton Antitrust Act (1914) and later amendments, but not much.
The courts have been left to develop a large body of judge made law in this area because Congress has done so little legislating. If Congress wished to put antitrust law on a firm and detailed statutory basis, my sense is that the courts would be very glad to be rid of the responsibility of developing it almost out of whole cloth.