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Unfortunately, anti-trust is all case law. The Sherman Antitrust Act is one paragraph long. 9 constitutional amendments are only one sentence long, not even a

Unfortunately, anti-trust is all case law. The Sherman Antitrust Act is one paragraph long. 9 constitutional amendments are only one sentence long, not even a paragraph! It's all case law. But judges care way more about constitutional amendments than Sherman Antitrust Act. Most have limited intellectual interest in the problems it tackles. And really, who cares about the price of concert tickets, online ads and in-app purchase fees? These guys went to law school not business school. They. Just. Don't. Care. Could the DoJ and FTC make them care as much about antitrust as like, at least 2 amendments? Yes. I have no idea how the DoJ and FTC have failed to drum up excitement about this stuff. Nobody is going to rule against the status quo without passionate feelings about it.

fngjdflmdflg 2y ago
I suggest you look at the supreme courts actual docket.[0] It's a misnomer to think that the Supreme Court only cares about the first and second amendments, that's just what's interesting to Americans. Nobody cares about some random government employee who was furloughed in 2013,[1] for example, but the court reviewed that anyway. Law school is not just about the first amendment. In fact business law is actually a pretty common field to go into. [0] https://www.supremecourt.gov/opinions/slipopinion/23 https://www.supremecourt.gov/opinions/slipopinion/23 [1] https://www.supremecourt.gov/opinions/23pdf/23-21_3e04.pdf https://www.supremecourt.gov/opinions/23pdf/23-21_3e04.pdf
7thpower 2y ago
That is by design, no? Sherman act does not address a lot of modern anti-trust, as you mentioned. We need new legislation. Judges can just as easily find pet causes that don’t align with your interests, I don’t think that’s the mechanism you or I want our country to rely on.
- dragonwriter 2y ago
  All three of the main US federal antitrust laws (Sherman Act, Clayton Act, and FTC Act) have neen amended since originally adopted, and the FTC act also creates regulatory authority which the FTC has regularly exercised. Even ignoring case law evolution, US antitrust law hasn't been static.
dragonwriter 2y ago
> The Sherman Antitrust Act is one paragraph long The original Sherman Act has 7 sections (one additional was later added) one of which has two subsections, none of which have multiple paragraphs, for a total of 8 paragraphs. More to the point, US antitrust law isn't just the Sherman Act and case law, because: 1. There are two other main antitrust-related statutes, the Clayton Act and the Federal Trade Commission Act, and 2. The FTC Act as well as its direct mandates also creates regulatory authority for the FTC, 3. In addition to federal antitrust law in the US, there is also state antitrust law. > But judges care way more about constitutional amendments than Sherman Antitrust Act. I'm not sure what the bases for your intuition about how much judges care about those things are; there is certainly a sense in which Constitutional provisions definitionally have priority over statute and administrative law, but its hardly as if antitrust law isn't an area that has gotten extremely detailed judicial attention.

fngjdflmdflg 2y ago

I suggest you look at the supreme courts actual docket.[0] It's a misnomer to think that the Supreme Court only cares about the first and second amendments, that's just what's interesting to Americans. Nobody cares about some random government employee who was furloughed in 2013,[1] for example, but the court reviewed that anyway. Law school is not just about the first amendment. In fact business law is actually a pretty common field to go into. [0] https://www.supremecourt.gov/opinions/slipopinion/23 https://www.supremecourt.gov/opinions/slipopinion/23 [1] https://www.supremecourt.gov/opinions/23pdf/23-21_3e04.pdf https://www.supremecourt.gov/opinions/23pdf/23-21_3e04.pdf

7thpower 2y ago

That is by design, no? Sherman act does not address a lot of modern anti-trust, as you mentioned. We need new legislation. Judges can just as easily find pet causes that don’t align with your interests, I don’t think that’s the mechanism you or I want our country to rely on.

dragonwriter 2y ago
All three of the main US federal antitrust laws (Sherman Act, Clayton Act, and FTC Act) have neen amended since originally adopted, and the FTC act also creates regulatory authority which the FTC has regularly exercised. Even ignoring case law evolution, US antitrust law hasn't been static.

dragonwriter 2y ago

> The Sherman Antitrust Act is one paragraph long The original Sherman Act has 7 sections (one additional was later added) one of which has two subsections, none of which have multiple paragraphs, for a total of 8 paragraphs. More to the point, US antitrust law isn't just the Sherman Act and case law, because: 1. There are two other main antitrust-related statutes, the Clayton Act and the Federal Trade Commission Act, and 2. The FTC Act as well as its direct mandates also creates regulatory authority for the FTC, 3. In addition to federal antitrust law in the US, there is also state antitrust law. > But judges care way more about constitutional amendments than Sherman Antitrust Act. I'm not sure what the bases for your intuition about how much judges care about those things are; there is certainly a sense in which Constitutional provisions definitionally have priority over statute and administrative law, but its hardly as if antitrust law isn't an area that has gotten extremely detailed judicial attention.