Annotated Bibliography

Primary Sources

Cornell Law School. “Standard Oil Co. of New Jersey v. United States.” Legal Institute.
http://www.law.cornell.edu/supct/html/historics/USSC_CR_0221_0001_ZS.html
(accessed 11 Nov. 2010).

This primary source is the actual Supreme Court ruling on the Standard Oil of New
Jersey v. United States. It was used to understand the meaning of "restraint of trade" as
well as the ways in which the Sherman Antitrust Act was applied to the Standard Oil
case.

Dilorenzo, Thomas. “Cato Handbook for Congress: Antitrust.” The Cato Institute.
http://www.cato.org/pubs/handbook/hb105-39.html (accessed 9 Jan. 2011).

This primary source gave Thomas Cato’s personal view on the debate over antitrust.
Dilorenzo represents some of the opposition towards government regulation in the free
market during that time.

Greenspan, Alan. "Antitrust." Polyeconomics. 28 Nov. 2010.

http://www.polyconomics.com/ssu/ssu-980612.htm (accessed 9 Jan. 2011).

This primary source was a documentation of Alan Greenspan’s position towards

antitrust. Alan Greenspan is an accomplished economist and his opinion represents the
existence of opposition towards the Sherman Antitrust Act even today.

Guthrie, William D. "Constitutionality of the Sherman Antitrust Act of 1890." Harvard

Law Review 11, no. 2 (May 25, 1897): 80-94. Academic Search Premier,
EBSCOhost (accessed 13 Nov. 2010).

Guthrie’s opinion seven years after the law was enacted represents a majority of the
population’s disdain for the Sherman Antitrust Act. While Congress voted unanimously
for the passing of the act, Guthrie describes the difficulty and impracticality in applying
it as a Congressman.

"Interstate Commerce Act (1887)." National Archives.

http://www.ourdocuments.gov/doc.php?flash=true&doc=49 (accessed 21 Apr.
2011).

This primary source provided us with the original text of the Interstate Commerce Act,
which was a precursor to the Sherman Antitrust Act.

"Sherman's Hopes and Fears." New York Times. 1 Oct. 1890: Sherman's Hopes and
Fears (accessed 9 Feb. 2011).
This primary source depicted John Sherman’s regret about how the Sherman Antitrust
Act was being used in the 1890’s. It was at this point in time, that Standard Oil
controlled over 90% of the oil market.

"Standard Oil Company Must Dissolve." New York Times. 15 May 1911 (accessed 2 Feb.
2011).

This article represents an opinion evaluating the Sherman Antitrust Act after its 20 years
of existence. The opinion displays the continuing contempt towards Standard Oil.

Tarbell, Ida. "The History of the Standard Oil Company." McClure's. 1 Nov.
1902: 1. Ida Tarbell (accessed 14 Dec. 2010).

Ida Tarbell was considered to be a pivotal muckraker writer in bringing Standard Oil’s
illegal actions into the public eye. This primary source displays Ida Tarbell’s support for
the Sherman Antitrust Act in dissolving the Standard Oil Company.

United States Congress, Senate Finance Committee. “Sherman Antitrust Act by John
Sherman.” National Archives. Washington D.C.: Congress, 1890.
www.ourdocuments.gov (accessed 3 Nov. 2010).

This primary source is the Sherman Antitrust Act itself.

Pictures Used

“Alan Greenspan.” Goldalert. www.goldalert.com (accessed January 23, 2011).

This site was useful for finding pictures and information about Alan Greenspan and his
essays on antitrust reform.

“AT&T." AT&T. www.att.com (accessed January 23, 2011).

This site was useful for finding pictures and information about AT&T for talking about
the landmark antitrust case.

"Fasttrack Teaching Materials - Home Page." Fasttrack Teaching Materials.

www.fasttrackteaching.com (accessed 23 Jan. 2011).

This website provided photos of the steel industry as well as information concerning
Andrew Carnegie.

"Honorable John Sherman of Ohio." Old Pictures. www.old-picture.com (accessed

23 Jan. 2011).

This site was useful for finding pictures of John Sherman in order to better represent our
website.
"Illegal Contracts." Fair Fight in the Marketplace. www.fairfightfilm.org (accessed
16 Mar. 2011).

This website provided a variety of photos from the 1890’s.

"Max Dupain on Assignment - National Archives of Australia." National Archives.

www.naa.gov.au (accessed 23 Jan. 2011).

This website provided us with pictures of steel that was used on our “Oil, Railroads,
Steel” flash presentation.

"Microsoft ." Techworld.com. search.techworld.com (accessed 15 Apr. 2011).

This site was useful for finding pictures and information about Microsoft for talking
about its antitrust investigation.

"North American railway glossary." Translation portal.

www.translationdirectory.com (accessed 15 Apr. 2011).

This website provided photos of railroads, and was used specifically in the “Motivation”
section.

“Oil.” www.neftegaz.ru (accessed 23 Jan. 2011).

This website provided us with pictures of oil that we used on our flash app.

"Outspoken: Chicago's Free Speech Tradition." The Newberry Library.

www.newberry.org (accessed 23 Jan. 2011).

This website provided photos of the Pullman Strike for our “Consequences” section.

"PBS - Mark Twain: The Gilded Age: 1869-1871." PBS: Public Broadcasting Service.
www.pbs.org (accessed 23 Jan. 2011).

This website provided photos of the Gilded Age and were used in the “Gilded Age”
section of our website.

"Photo Galleries." History.com. www.history.com (accessed 23 Jan. 2011).

This site was useful for finding pictures and information about the Northern Securities
Company v. United States case.

"Policy and Planning Committee of the Faculty of Arts and Sciences." Columbia
University in the City of New York. www.columbia.edu (accessed 8 Mar. 2011).

This site was useful for finding pictures and information about Michael Riordan that we
used in the “Interview” section.

"Political Cartoons." www.exoterictrauma.com (accessed 23 Jan. 2011).

This website displayed a cartoon of the price-fixing that we used in defining illegal
contracts/cartels.

Sargent, Walter. "Industrialization." University of Maine Farmington - Faculty and

Staff Web Sites. www.faculty.umf.maine.edu (accessed 25 Jan. 2011).

This website was useful to find graphs of industrialization for the “Motivations” page.

"The Dark Side of Silas Paine A Silver Blog." Silver Blog. kihm4.wordpress.com
(accessed 24 Jan. 2011).

This website provided pictures of the Standard Oil monopoly at its peak dominance.

"The Silver Bear Cafe." The Silver Bear Cafe. www.silverbearcafe.com (accessed
14 Feb. 2011).

This website showed the graphs of Standard Oil dividend and was used to illustrate
Standard Oil’s illegal monopoly.

"Theodore Roosevelt Picture." Washington DC Travel. http://www.visitingdc.com

(accessed January 23, 2011).

This website was useful for finding pictures of Theodore Roosevelt.

"Train Robbery." Thinkquest. library.thinkquest.org (accessed January 4, 2011).

This website provided us with pictures of railroads as well as a perspective of how

railroads influenced the development of antitrust.

"USDOJ: Antitrust Division Public Documents." United States Department of Justice.

www.justice.gov (accessed January 23, 2011).

This website provided photos of Standard Oil like the cartoon depicting Standard Oil’s
strangle-hold on the competition.

"Welcome to Guofu TAN's webpage." Personal World Wide Web Pages.

www-bcf.usc.edu (accessed January 23, 2011).

This site was useful for finding pictures and information about Guofu Tan.

Secondary Sources
Beschloss, Michael R. Presidential Courage: Brave Leaders and How They Changed
America, 1789-1989. New York: Simon & Schuster Paperbacks, 2008.

This book illustrates Theodore Roosevelt’s success in implementing the Sherman

Antitrust Act with business like the Northern Securities Company.

Bogle, John C. The Battle for the Soul of Capitalism. New Haven: Yale University Press,
2005.

This source was used to understand the impact of acts like the Sherman Antitrust Act and
helped to understand the views of the former CEO of Vanguard.

Bradley Jr., Robert. “On the Origins of the Sherman Antitrust Act.” Cato Journal 9, no. 3
(1990): 737-742. www.cato.org/pubs/journal/cj9n3/cj9n3-13.pdf (accessed
November 11, 2010).

This secondary source was used to understand the ideas on each side of the Standard Oil
case. It was used to understand the complex issues raised by this Supreme Court decision
and the Sherman Antitrust Act.

Brinkley, Joel, and Steve Lohr. U.S. v. Microsoft: The Inside Story of the Landmark
Case. New York: McGraw-Hill, 2000.

This source was used in order to understand Microsoft’s antitrust case. It was useful in
understanding the Sherman Antitrust Act today and its further uses and implications.

Carlos, Ann. Interview by author. Personal interview. Home, 10 Feb. 2011.

This interview was useful to understand the history of the Sherman Antitrust Act as well
as the flaws that came with it. We consulted Professor Ann Carlos to learn the impetus of
the Sherman Antitrust Act.

Cefrey, Holly. The Sherman Antitrust Act: Getting Big Business Under Control. New
York: Rosen Publishing Group, 2003.

The book was used to understand the basics of antitrust. The book gave an overview as to
what the act was in easy to understand language. It was a good place for starting
research.

Denger, Michael L. Federal and State Price Discrimination Law. Chicago, Ill.: Section
of Antitrust Law, American Bar Association, 1991.

This source shared insight on the differences of antitrust at state and federal levels. The
example of Washington D.C's antitrust laws in comparison to the Sherman Antitrust Act
helped create a better understanding of antitrust and their prohibitions in general.
Depew, Chauncey M. 1795-1895: One Hundred Years of American Commerce. New
York: Greenwood Press, 1968.

The book was useful to understand the economic change upon the passing of the
Sherman Antitrust Act. It was also useful to get facts about the growth of the railroad
industry to create a graph that was used on the “The Motivation.”

Foster, John Bellamy, and Fred Magdoff. The Great Financial Crisis: Causes and
Consequences. London: Monthly Review Press, 2009.

This source was used as a secondary source to understand Paul Baran and Paul
Sweezy's "Monopoly Capital: An Essay on American Economic Social Order.”

Gellhorn, Kovacic, and Stephen Calkins. Antitrust Law and Economics. Minnesota: West
Publishing, 2004.

This book provides factual clarification on the Sherman Antitrust Act. It breaks down
each of the eight sections in the law and explains it as if to a lawyer. This legal analysis
demonstrates how the Sherman Antitrust Act was to business as the Constitution was to
democracy.

Hahn, Robert W. Antitrust Policy and Vertical Restraints. Washington D.C., MD:
Brookings Institution Press, 2006. [E-book accessed 23 Jan. 2011, Boulder Public
Library].

The primary focus of this book is on the difference between anticompetitive actions and
legal actions. In addition, the difference between monopolization and monopolies is also
discussed.

"History of the Birth of the Federal Trade Commission." 2009. YouTube. Flash video
file. http://www.youtube.com/watch?v=NssfPApe5iQ (accessed 1 May. 2011).

This video was a great reference in designing our website. It was structured similar to
our website and was useful for explaining concepts on our website in simple terms.

Hughes, Jonathan R. T., and Louis P. Cain. American Economic History. 7th ed.
Boston: Pearson Addison Wesley, 2007.

This book gave a detailed background of the Sherman Antitrust Act. It focused
specifically on the rise of big businesses.

Irwin Stelzer. The Antitrust Laws: A Primer. Washington D.C., MD: The AEI Press,
2001.

This book was used to learn the basics of antitrust and the Sherman Antitrust Act. The
book introduces the concept of antitrust in the clearest and most concise manner. It also
analyzes the specific passages in the Sherman Antitrust Act and explains how it formed a
strong foundation for future antitrust laws like the Clayton Act. The conclusion drawn
was that the Sherman Antitrust Act was not strong enough because future acts had to be
enacted to support it.

Kolasky, William. Chief Justice Edward Douglass White And the Birth of the Rule of
Reason. Antitrust 24, no. 3 (2004). Wilmerhale.com (accessed 14. Nov. 2010).

This article gave insight into the shortcomings of the Sherman Antitrust Act and how
those shortcomings were rectified. This source was published by the American Bar
Association that backed its validity.

Kovaleff, Thomas P. The Antitrust Impulse: An Economic, Historical, and Legal

Analysis. New York: M.E. Sharpe, 1994.

The info used in the book requires a deep understanding in the fundamentals of
economics and the purpose of competition. However, many sections of the book were not
examined such as the legal analysis, because of its irrelevance and difficulty.

McNeese, Tim. The Robber Barons and the Sherman Antitrust Act: Reshaping American
Business. New York: Chelsea House Publishers, 2009.

As illustrated in the title with the term “Robber Barons,” the causes of the Sherman
Antitrust Act are introduced in this book. However, there is little debate in the
importance of antitrust as it is necessary in order to control monopolistic companies.
Nevertheless, this book clarifies how the public felt about the act and why Congress
unanimously passed it.

NFL News. "Ten players named as plaintiffs in antitrust lawsuit vs. NFL." NFL.
www.nfl.com/news/ten-players-named-as-plaintiffs-in-antitrust-lawsuit-vs-nfl
(accessed 5 Apr. 2011).

This secondary source showed the implications of the Sherman Antitrust Act today, with
the most recent major antitrust filing involving the NFL. This lawsuit details the issue of
the NFL "locking" out players and stopping the football season due to a financial
dispute. The issue lies with the idea that the NFL is, by locking out players, causing a
"restraint of trade” specifically made illegal by the Sherman Antitrust Act.

Peritz, Rudolph. Competition Policy in America, 1888-1892: History, Rhetoric, Law.

New York, NY: Oxford University Press, 1996.

One of the papers included in Sullivan’s collection of essays (referenced below) is a

chapter from Peritz’s book. Rather than describing the controversy of competition from a
business standpoint, his argument is based on consumer welfare. This book’s insight
supports the positive impacts of the Sherman Antitrust Act.
Posner, Richard A. Antitrust Law. 2nd ed. Chicago: University Of Chicago Press, 2001.

This source gave a lawyer’s point of view over antitrust. Richard Posner shares his
opinion on how the implementation of antitrust was poor. He goes on to express that the
break up of trusts creates inefficiencies. He also believes that the market would naturally
correct companies that are guilty of monopolistic actions and that therefore the Sherman
Antitrust Act was unnecessary.

Riordan, Michael. Interview by author. Personal interview. Home, 5 Jan. 2011.

Michael Riordan was a former head of the FTC and was an important resource in
understanding the fundamentals of predatory pricing.

Schlesinger, Arthur M. The Nationalizing of Business, 1878-1898. New York: The

Macmillan Company, 1936.

This book illustrates the strong opposition to big business during the late 1800’s. Using
both a rich variety of maps and photographs, along with actual accounts, this book
provides the context leading up to the Sherman Antitrust Act.

Sullivan, Thomas E. The Political Economy of the Sherman Act: The First One Hundred
Years. New York: Oxford University Press, 1991.

Using several well-known economic papers, this book conveys the controversy in
whether or not the Sherman Antitrust Act was a strong basis in antitrust. Each paper
incorporates relevant data from the time period to support its argument. In addition, the
author, Sullivan, introduces his opinion and gives guidance to connect each argument
and develop an overall thesis. This source provides a wide range of debates that could be
discussed.

Tan, Guofu. Interview by author. Personal interview. Home, 5 Jan. 2011.

Guofu Tan was an important resource in understanding the causes and the “Per-se”
violations involved in the Sherman Antitrust Act.

Whinston, Michael Dennis. Lectures on Antitrust Economics. Cambridge, Mass.: MIT

Press, 2006.

This source was used to understand the basics of antitrust. It was also used to understand
that the law against price fixing was “per-se” rather than a “rule of reason” as found in
other sections of the Sherman Antitrust Act.