The Assault on Congress’s Anti-Monopoly Solution

Source: The American Prospect
by Sean M Flaim

“When Congress passed the Sherman Act in 1890, John Sherman told the Senate, ‘If we will not endure a king as a political power, we should not endure a king over the production, transportation, and sale of any of the necessaries of life’. The act intended to keep concentrated private power from becoming a sovereign authority unto itself. It lasted five years before the Supreme Court took it apart. In United States v. E.C. Knight (1895), the Court held that manufacturing was not commerce and therefore lay beyond the reach of federal antitrust law. The case concerned the American Sugar Refining Company, which by acquisition controlled more than 90 percent of the nation’s sugar refining capacity. The Court drew its commerce line precisely where the largest industrial concentration in the country sat, and the trust walked free.” (07/01/26)

https://prospect.org/2026/07/01/supreme-court-assault-on-congress-anti-monopoly-solution/