Antimonopoly and American Democracy

Daniel A. Crane is the Frederick Paul Furth, Sr. Professor of Law at the University of Michigan Law School. He served as the Associate Dean for Faculty and Research from 2013 to 2016. Crane's work has appeared in the University of Chicago Law Review, the California Law Review, the Michigan Law Review, the Georgetown Law Journal, and the Cornell Law Review, among other journals. He is the author of several books on antitrust law, including Antitrust (Aspen, 2014), The Making of Competition Policy: Legal and Economic Sources (Oxford University Press, 2013), and The Institutional Structure of Antitrust Enforcement (Oxford University Press, 2011). William J. Novak is the Charles F. and Edith J. Clyne Professor of Law at the University of Michigan Law School. He is an award-winning legal scholar and historian, and is the author of The People's Welfare: Law and Regulation in Nineteenth-Century America (University of North Carolina Press, 1996) and New Democracy: The Creation of the Modern American State (Harvard University Press, 2022). He is also the co-editor of The Democratic Experiment (Princeton University Press, 2003), The State in U.S. History (University of Chicago Press, 2015), and The Corporation and American Democracy (Harvard University Press, 2017).

PART ONE: THE LONG HISTORY OF ANTIMONOPOLY AND AMERICAN DEMOCRACY

I. Introduction: Democracy and the American Antimonopoly Tradition
Daniel Crane and William J. Novak

II. Rethinking the Monopoly Question: Commerce, Land, Industry
Richard R. John

III. From Antimonopoly to Antitrust
Richard White

PART TWO: RETHINKING THE PROGRESSIVE AND NEW DEAL ANTIMONOPOLY TRADITIONS

IV. Antimonopoly and State Regulation of Corporations in the Gilded Age and Progressive Era
Naomi R. Lamoreaux

V. America Antimonopoly and the Rise of Regulated Industries Law
William J. Novak

VI. Banking and the Antimonopoly Tradition: The Long Road to the Bank Holding Company Act
Jamie Grischkan

PART THREE: REMAKING ANTIMONOPOLY IN A NEW GLOBAL AGE

VII. De-Nazifying by De-Cartelizing: The Legacy of the American Decartelization Project in Germany
Daniel Crane

VIII. Jurisdiction Beyond Our Borders: United States v. Alcoa and the Extraterritorial Reach of American Antitrust, 1909-1945
Laura Phillips Sawyer

IX. From Market Power to State Capture: The Fateful Shift in Postwar Antimonopoly
James T. Sparrow

PART FOUR: ANTIMONOPOLY AND AMERICAN DEMOCRACY: SELECT CASE STUDIES

X. Antitrust and the Corporate Tax, 1909-1928
Reuven Avi-Yonah

XI. Beyond the Labor Exemption: Labor's Antimonopoly Vision and the Fight for Greater Democracy
Kate Andrias

XII. Antimonopoly in the Media Industries: A History
Sam Lebovic