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Chapter 38 - The Labor–Antitrust Interface

from Section A: Economics

Published online by Cambridge University Press:  13 January 2022

Mark V. Tushnet
Affiliation:
Harvard Law School, Massachusetts
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Summary

The application of the national antitrust laws to the activites of labor unions had been controversial almost from the beginning, and the controversy continued when the Department of Justice under Thurman Arnold used the antitrust laws to attack unions that used jurisdictional disputes with other unions as a vehicle to preserve their dominant position in construction labor markets. Felix Frankfurter wrote the Court’s opinion “integrating” the sttutes regulating labor unions and monopolies to cut back on Arnold’s campaign.

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The Hughes Court
From Progressivism to Pluralism, 1930 to 1941
, pp. 1028 - 1042
Publisher: Cambridge University Press
Print publication year: 2022

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