Page "Sherman Antitrust Act" Paragraph 49

Another aspect of the debate over antitrust policy is normative.

That is, assuming that some kind of competition law is inevitable, critics will argue as to what its central policy should be, and whether it is accomplishing its goal.

A common tactic is to choose a goal, and then cite evidence that it supports the opposite.

For example, during a debate over the act in 1890, Representative William Mason said " trusts have made products cheaper, have reduced prices ; but if the price of oil, for instance, were reduced to one cent a barrel, it would not right the wrong done to people of this country by the trusts which have destroyed legitimate competition and driven honest men from legitimate business enterprise.

" Consequently, if the primary goal of the act is to protect consumers, and consumers are protected by lower prices, the act may be harmful if it reduces economy of scale, a price-lowering mechanism, by breaking up big businesses.

Mason put small business survival, a justice interest, on a level concomitant with the pure economic rationale of consumer interest.