United States v. American Tobacco Co. explained

Litigants:United States v. American Tobacco Co.
Arguedatea:January 3
Arguedateb:6
Argueyear:1910
Rearguedatea:January 9
Rearguedateb:12
Reargueyear:1911
Decidedate:May 29
Decideyear:1911
Fullname:United States v. American Tobacco Company
Usvol:221
Uspage:106
Parallelcitations:31 S. Ct. 632; 55 L. Ed. 663
Prior:Appeals from the Circuit Court of the United States for the Southern District of New York
Holding:The combination in this case is one in restraint of trade and an attempt to monopolize the business of tobacco in interstate commerce within the prohibitions of the Sherman Antitrust Act.
Majority:White
Joinmajority:McKenna, Holmes, Day, Lurton, Hughes, Van Devanter, Lamar
Concurrence/Dissent:Harlan
Lawsapplied:Sherman Antitrust Act

United States v. American Tobacco Company,, was a decision by the United States Supreme Court, which held that the combination in this case is one in restraint of trade and an attempt to monopolize the business of tobacco in interstate commerce within the prohibitions of the Sherman Antitrust Act of 1890. As a result, the American Tobacco Company was split into four competitors.

Judgment

The Sherman Antitrust Act was created in 1890, and in 1907 the American Tobacco Company was indicted in violation of it.[1] In 1908 when the Department of Justice filed suit against the company, sixty-five companies and twenty-nine individuals were named in the suit. The Supreme Court ordered the company to dissolve in 1911 on the same day that it ordered the Standard Oil Trust to dissolve.[1] The ruling in United States v. American Tobacco Co. stated that the combination of the tobacco companies "in and of itself, as well as each and all of the elements composing it whether corporate or individual, whether considered collectively or separately [was] in restraint of trade and an attempt to monopolize, and a monopolization within the first and second sections of the Anti-Trust Act."[2]

Significance

In order to promote market competition, four firms were created from the American Tobacco Company's assets: American Tobacco Company, R. J. Reynolds, Liggett & Myers, and Lorillard. The monopoly became an oligopoly.[3]

In 1938 Thurman Arnold in the United States Department of Justice Antitrust Division began hosting hearings in the Temporary National Economic Committee to determine whether the four companies were further engaged together in monopolistic practices.[4] That committee found that 3 of the 4 companies were guilty of the charges presented to the court.[4]

See also

Further reading

Notes and References

  1. Brandt, Alan M.: The Cigarette Century: The Rise, Fall, and Deadly Persistence of the Product that Defined America, p. 39. Basic Books, 2007
  2. Jenkins, John Wilber: James B. Duke: Master Builder, p. 153. George H. Doran Company, 1927.
  3. Book: Brandt, Alan M. . The Cigarette Century: The Rise, Fall, and Deadly Persistence of the Product that Defined America . 41 . New York . Basic Books . 2007 . 9780465070473 .
  4. Book: Silber, Norman Isaac. Test and protest. 1983. 52–53. Holmes and Meier. New York: Holmes & Meier. 0841907498., citing
    • Consumer Reports. September 1941. 229–232.
    • U.S. v. American Tobacco Company, et al. . Temporary National Economic Committee Monograph, XXI . . July 24, 1940 .