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PASSED BY THE U.S. CONGRESS in 1914, the Clayton Antitrust Act supplemented and strengthened the Sherman Antitrust Act of 1890. Addressing specific anti-competition practices and problems within the Sherman Act, the Clayton Act's clarifications allowed the federal government to better deal with companies which had monopolies over certain U.S. industries.

The Sherman Act's powers were utilized heavily during the presidencies of Theodore Roosevelt and William Taft in the early 1900s. The act prohibited any action by private firms that would avoid or prevent the natural regulatory action of the U.S. market system. It worked to encourage a healthy and decentralized market structure based upon industry rivalries and competition.

Authorized by the Sherman Antitrust Act in order to maintain competition, the U.S. attorney general is permitted to bring lawsuits against companies that have monopolistic characteristics and attempt to dominate the market in a non-competitive manner. Other companies or parties can bring suit against monopolistic companies as well, and may receive compensation from violators of the Sherman Act. However, the Sherman Act had proved to be relatively unsuccessful in preventing large companies from dominating their industries, especially after the Roosevelt and Taft presidential terms. Vague language plagued the Sherman Act, allowing lawyers for the powerful companies to find a number of loopholes in the legislation. Consequently, the Act's language could be interpreted in different ways.

For example, lengthy disputes revolved around the interpretation of the differences between monopolizing, which was banned by the Sherman Act, and the existence of a monopoly, which is not banned explicitly in the act. As a result, these companies were still able to enter into restrictive business agreements that were not outlawed by legislation or precedent, continuing to create massive concentrations of wealth. The companies' massive treasuries allowed them to dominate their industries, to buy out other smaller companies, and to have the resources necessary to fight the federal government and its antitrust legislation.

Improving the Sherman Act

Originally drafted by U.S. Representative Henry De Lamar Clayton from Alabama, the Clayton Act was passed by the U.S. Congress to ameliorate the problems caused by the ineffective Sherman Act. Attacking specific business practices which were highly conducive to the establishment of a monopoly, the Clayton Act had extensive definitions and clearer language when dealing with different actions by private firms.

Outlawed actions include the formation of a trust between two companies with a combined board of directors and access to more than $1 million in capital, price-fixing agreements with another company that is offering a competing product, agreements that result in an ability to control supply of resources or products which leads to higher prices, and the use of power in a particular industry in order to gain or maintain a monopoly. These specifics prevented companies from price-cutting only in certain areas to attack competition that cannot match the price cut, and from merging to combine market share in a monopolizing fashion.

Labor unions and agricultural cooperatives were excluded from antitrust action by the Clayton Act, trying to deter large companies from exploiting their workforce. Also, the act attempted to restrict the use of federal injunctions against striking laborers, promoting peaceful strikes, picketing, and boycotting. Labor unions were initially hopeful about the act, but following later judicial decisions, precedents damaged the act's labor provisions.

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