Evening star., 1952-12-24
Reviewing the Antitrust Jungle

The Business Advisory Council for the De-
partment of Commerce, reporting on the anti
trust laws and their administration, placed it's
study in realistic perspective when it pointed
out that the Nation must look forward to a semi
hnobilized economy for perhaps generation.
The strength of such an economy, it added, lies
in the American productive power, dependent in
turn upon an industrial community that is
competitive and ingenious in its pioneering
accomplishments.
It is clear that these values have been proved
In the past. It is equally clear to those who
recognize the menacing forces at work in the
world today that we are indeed committed to
this Semimobilized economy and that we must
maintain, and extend, this productive power.
The council contends that the vigor of this
industrial plant is at least threatened by fog
of uncertainty, if not harasSment, which has
settled over it through the workings of the anti
trust laws. Secretary Sawyer describing the
study as lone of the most constructive discus
sions of the subject in many years, supports the
councils contention. There has," he writes,
within the years since the Sherman Act became
law, grown up a network-if not jungle-of
administrative rulings, conflicting laws, and
judicial decisions which have made incredibly
difficult the task of the businessman and his
lawyer honestly trying to obey the law"
Mr.. Sawyer extends his specific Endorsement
to one of the councils recommendations, namely,
that there should be established within the
Department of Justice conference section where
businessmen go for guidance lin advance
of and perhaps in place of costly litigation"
In making this recommendation, the council
asserted that vast majority" of antitrust cases
are based upon differing views of factual and
legal situations, construed under confusing and
conflicting laws, or upon inadvertent acts. 1t
estimated that On cent of all
potential cases might be eliminated through the
working of such a conference section.
The council prefaceS it's report with state
ment of belief that maintaining competition
should be the primary concern of public policy
under the antitrust laws" but it proposes that
the definition of competition should be practical
one Gin terms of the present-day operation of
industry Mr.. Sawyer echoes this suggestion
when he says that we need "a new, modern
definition of competition. . The old type
no longer exists if it ever did. Every day new
products are invented; markets grow more and
more extended and complicated and change over
night, and the organization of business presents
q kaleidoscope of movement. All of this means
destruction of old ways of doing business and
the creation of new patterns
It is to be expected that the councils report
will be attacked as piece of special pleading
for big business. To concur without qualification
in such criticism, however, would be merely
accepting what Mr.. Sawyer terms "the senti-
mental objections to bigness," politically FASH
ionable trend in recent years. It is unthinkable
that any administration, or any Congress, would
even attempt to turn the clock back on regu-
ation of business that is clearly in the national
interest It is equally absurd that the suggested
review of the present jungle" of the antitrust
law field should be considered automatically as
something sinister