# Sherman Antitrust Act: Definition, History, and What It Does

![Sherman Antitrust Act: A landmark U.S. law passed in 1890 that prohibited the formation of trusts, monopolies, and cartels to increase economic competitiveness.](https://www.investopedia.com/thmb/OF2zIvtekLGizwhgQU2qam5eVq8=/1500x0/filters:no_upscale():max_bytes(150000):strip_icc()/Sherman-antiturst-act_final-755d53f8830a4a178b83d3caffb5d121.png)

*— Investopedia / Michela Buttignol*

> **Definition**
>
> The Sherman Antitrust Act is a U.S. law that was passed in 1890 that prohibits monopolies and aims to foster competition.

## What Is the Sherman Antitrust Act?

The Sherman Antitrust Act is a law that helps keep the U.S. economy fair. It stops companies from forming [monopolies](https://www.investopedia.com/terms/m/monopoly.asp) so they don't collude and cheat consumers by dictating, controlling, and manipulating prices in a particular [market](https://www.investopedia.com/terms/m/market.asp). The law, which was proposed by Ohio Sen. John Sherman and passed in 1890, is overseen by the Department of Justice. Its goal is to promote fairness and competition while regulating interstate commerce. The act was Congress' first attempt to address the use of trusts as a tool that enables a limited number of individuals to control key industries.

### Key Takeaways

*   The Sherman Antitrust Act is a law that prohibits trusts, monopolies, and cartels.
*   Its purpose was to promote economic fairness and competitiveness and to regulate interstate commerce.
*   Ohio Sen. John Sherman proposed and passed it in 1890.
*   The act signaled an important shift in American regulatory strategy toward business and markets.
*   It was amended by the Clayton Antitrust Act in 1914, which addressed specific practices that the Sherman Act did not ban.

## Understanding the Sherman Antitrust Act

Sen. John Sherman from Ohio proposed the Sherman Antitrust Act in 1890. It was the first measure the U.S. Congress passed to prohibit trusts, monopolies, and [cartels](https://www.investopedia.com/terms/c/cartel.asp) from taking over the general market. It also outlawed contracts, conspiracies, and other business practices that restrained [trade](https://www.investopedia.com/terms/t/trade.asp) and created monopolies within industries.

At the time, public hostility was growing toward large corporations like [Standard Oil](https://www.investopedia.com/articles/economics/08/jd-rockefeller.asp) and the American Railway Union, which were seen as unfairly monopolizing certain industries. Consumers felt they were hit with exorbitantly high prices on essential goods, while competitors found themselves shut out because of deliberate attempts by large [corporations](https://www.investopedia.com/terms/c/corporation.asp) to keep other enterprises out of the market.

This signaled an important shift in the American [regulatory](https://www.investopedia.com/terms/r/regulated-market.asp) strategy toward business and markets. After the 19th-century rise of big business, American lawmakers reacted with a drive to regulate business practices more strictly. The act paved the way for more specific laws like the [Clayton Act](https://www.investopedia.com/terms/c/clayton-antitrust-act.asp). Measures like these had widespread popular support, but lawmakers genuinely wanted to keep the American [market economy](https://www.investopedia.com/terms/m/marketeconomy.asp) broadly competitive in the face of changing business practices.

Competing individuals or businesses are not permitted to [fix prices](https://www.investopedia.com/terms/f/fixing.asp), divide markets, or attempt to rig [bids](https://www.investopedia.com/terms/b/bid.asp). It also lays out specific penalties and fines intended for businesses that violate these rules. The act can impose both civil and criminal penalties on companies that don't comply.  

> **Important**
>
> The Sherman Antitrust Act was not designed to prevent healthy monopolistic competition but to target monopolies that resulted from a deliberate attempt to dominate the marketplace.

## Special Considerations

[Antitrust laws](https://www.investopedia.com/terms/a/antitrust.asp) refer broadly to the group of state and federal laws designed to ensure that businesses are competing fairly. These laws exist to promote competition among sellers, limit monopolies, and give consumers options.

Supporters say these laws are necessary for an open marketplace to exist and thrive. Competition is considered healthy for the [economy](https://www.investopedia.com/terms/e/economy.asp), giving consumers lower prices, higher-quality products and services, more choice, and greater innovation.

However, opponents argue that allowing businesses to compete as they see fit—instead of regulating competition—would ultimately give consumers the best prices.

## Sections of the Sherman Antitrust Act

The Sherman Antitrust Act is divided into three key sections:

*   **Section 1:** This section defines and bans specific means of anti-competitive conduct.
*   **Section 2:** This section addresses end results that are by their nature anti-competitive.
*   **Section 3:** This section extends these guidelines and provisions to the District of Columbia and U.S. territories.  
    

### Early Issues and Amendments

The act received immediate public approval. But, because the legislation's definition of concepts such as trusts, monopolies, and [collusion](https://www.investopedia.com/terms/c/collusion.asp) was not clearly defined, few business entities were actually prosecuted under its measures.

The Sherman Antitrust Act was amended by the Clayton Antitrust Act in 1914, which addressed specific practices that the Sherman Act did not ban. It also closed loopholes that the Sherman Act established, including those that dealt specifically with anti-competitive mergers, monopolies, and price discrimination.

For example, the Clayton Act prohibits appointing the same person to make business decisions for competing companies.  

## Historical Context of the Sherman Antitrust Act

The Sherman Antitrust Act was born against a backdrop of increasing monopolies and abuses of power by large corporations and railroad [conglomerates](https://www.investopedia.com/terms/c/conglomerate.asp).  

### The Interstate Commerce Commission (ICC)

Congress passed the Interstate Commerce Act in 1887 in response to increasing public indignation about abuses of power and malpractices by railroad companies. This spawned the [Interstate Commerce Commission (ICC)](https://www.investopedia.com/terms/i/interstate-commerce-commission.asp#). Its purpose was to regulate interstate [transportation](https://www.investopedia.com/terms/t/transportation_sector.asp) entities. The ICC had jurisdiction over U.S. railroads and all common carriers, requiring them to submit annual reports and prohibiting unfair practices such as discriminatory rates.

During the first half of the 20th century, Congress consistently expanded the ICC's power so much that, despite its intended purpose, some believed that the ICC was often guilty of assisting the very companies it was tasked to regulate by favoring [mergers](https://www.investopedia.com/terms/m/merger.asp) that created unfair monopolies.

### The Gilded Age

Congress passed the Sherman Antitrust Act at the height of what Mark Twain called the Gilded Age of American history. The Gilded Age, which spanned from the 1870s to about 1900, was dominated by political scandal and [robber barons](https://www.investopedia.com/terms/r/robberbarons.asp), the growth of railroads, the expansion of oil and electricity, and the development of America's first giant (national and international) [corporations](https://www.investopedia.com/terms/c/corporation.asp).

The Gilded Age was an era of rapid economic growth. Corporations took off during this time, in part because they were easy to register and, unlike today, did not have to pay any [incorporation](https://www.investopedia.com/terms/i/incorporate.asp) fees.

### Trusts in the 19th Century

Late-19th-century legislators' understanding of trusts is different from our current concept of the term. During that time, trusts became an umbrella term for any sort of collusive or conspiratorial behavior that was seen to render competition unfair. The term [trust](https://www.investopedia.com/terms/t/trust.asp) has evolved over the years, though. Today, it refers to a financial relationship in which one party gives another the right to hold property or assets for a third party.  

## Example of the Sherman Antitrust Act

On October 20, 2020, the U.S. Department of Justice filed an [antitrust](https://www.investopedia.com/ask/answers/09/antitrust-law.asp) lawsuit against [Google](https://www.investopedia.com/the-u-s-dept-of-justice-to-file-antitrust-suit-against-google-5083194), alleging that the online giant engaged in anti-competitive conduct to preserve monopolies in search and search advertising. Deputy Attorney General Jeffrey Rosen compared the complaint to past uses of the Sherman Act to stop monopolistic practices by corporations.

“As with its historic antitrust actions against [AT&T](https://www.investopedia.com/ask/answers/09/att-breakup-spinoff.asp) in 1974 and [Microsoft](https://www.investopedia.com/ask/answers/08/microsoft-antitrust.asp) in 1998, the Department is again enforcing the Sherman Act to restore the role of competition and open the door to the next wave of innovation—this time in vital digital markets,” Rosen said in a press release.  

## What Is the Sherman Antitrust Act in Simple Terms?

The Sherman Antitrust Act is a law passed by Congress to promote competition within the economy by prohibiting companies from colluding or merging to form a monopoly.

## Why Was the Sherman Antitrust Act Passed?

The Sherman Antitrust Act was passed to address concerns by consumers who felt they were paying high prices on essential goods and by competing companies who believed they were being shut out of their industries by larger corporations.

## What Are the Penalties for Violating the Sherman Act?

Those found guilty of violating the Sherman Act can face a hefty punishment. It is also a criminal law, and offenders may serve prison sentences of up to 10 years. Beyond that, there are also fines, which can be up to $1 million for an individual and up to $100 million for a corporation. In some cases, heftier fines could also be issued, worth twice the amount the conspirators gained from the illegal acts or twice the money lost by the victims.

## Have Any of Today’s Big-Name Companies Been Accused of Violating the Sherman Act?

Many household names have been hit with antitrust suits based in part on the Sherman Act. Other than [Google](https://www.investopedia.com/google-a-public-utility-5191176), in recent years Microsoft and Apple have both faced complaints, with the former accused of seeking to create a monopoly in Internet browser software and the latter of unethically raising the price of its e-books and, in later years, exploiting the market power of its app store.

## What Is the Difference Between the Sherman Act and the Clayton Act?

The Clayton Act was introduced later, in 1914, to address some of the specific practices that the Sherman Act did not clearly prohibit or failed to properly clarify. The Sherman Act, the first of its kind, was deemed too vague, allowing some companies to find ways to maneuver around it.

Essentially, the Clayton Act deals with similar topics, such as anti-competitive mergers, monopolies, and price discrimination but adds more detail and scope to eliminate some of the previous loopholes. Over the years, antitrust laws continue to be amended to reflect the current business environment and fresh observations.

## The Bottom Line

Antitrust laws exist to promote fairness and competition within the marketplace. They also help protect consumers from anti-competitive practices and monopolies. The Sherman Antitrust Act was introduced by Ohio Sen. John Sherman to address these issues and was passed into law in 1890. It led to the addition of two new federal antitrust laws——the Clayton Antitrust Act and the Federal Trade Commission Act—to strengthen the existing laws and give federal authorities the right to investigate unfair business practices.

> **Article Sources**
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>     
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>     
> 3.  National Archives. "[Interstate Commerce Act (1887)](https://www.archives.gov/milestone-documents/interstate-commerce-act)."
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> 7.  Federal Register. "[Interstate Commerce Commission](https://www.federalregister.gov/agencies/interstate-commerce-commission)."
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