Antimonopoly, meaning opposition to the exclusive or near-exclusive control of an industry or business by one or a very few businesses, played a relatively muted role in the history of the post-1945 era, certainly compared to some earlier periods in American history. However, the subject of antimonopoly is important because it sheds light on changing attitudes toward concentrated power, corporations, and the federal government in the United States after World War II. Paradoxically, as antimonopoly declined as a grass-roots force in American politics, the technical, expert-driven field of antitrust enjoyed a golden age. From the 1940s to the 1960s, antitrust operated on principles that were broadly in line with those that inspired its creation in the late 19th and early 20th century, acknowledging the special contribution small-business owners made to US democratic culture. In these years, antimonopoly remained sufficiently potent as a political force to sustain the careers of national-level politicians such as congressmen Wright Patman and Estes Kefauver and to inform the opinions of Supreme Court justices such as Hugo Black and William O. Douglas. Antimonopoly and consumer politics overlapped in this period. From the mid-1960s onward, Ralph Nader repeatedly tapped antimonopoly ideas in his writings and consumer activism, skillfully exploiting popular anxieties about concentrated economic power. At the same time, as part of the United States’ rise to global hegemony, officials in the federal government’s Antitrust Division exported antitrust overseas, building it into the political, economic, and legal architecture of the postwar world. Beginning in the 1940s, conservative lawyers and economists launched a counterattack against the conception of antitrust elaborated in the progressive era. By making consumer welfare—understood in terms of low prices and market efficiency—the determining factor in antitrust cases, they made a major intellectual and political contribution to the rightward thrust of US politics in the 1970s and 1980s. Robert Bork’s The Antitrust Paradox, published in 1978, popularized and signaled the ascendency of this new approach. In the 1980s and 1990s antimonopoly drifted to the margin of political debate. Fear of big government now loomed larger in US politics than the specter of monopoly or of corporate domination. In the late 20th century, Americans, more often than not, directed their antipathy toward concentrated power in its public, rather than its private, forms. This fundamental shift in the political landscape accounts in large part for the overall decline of antimonopoly—a venerable American political tradition—in the period 1945 to 2000.
Nuclear power in the United States has had an uneven history and faces an uncertain future. Promising in the 1950s electricity “too cheap to meter,” nuclear power has failed to come close to that goal, although it has carved out approximately a 20 percent share of American electrical output. Two decades after World War II, General Electric and Westinghouse offered electric utilities completed “turnkey” plants at a fixed cost, hoping these “loss leaders” would create a demand for further projects. During the 1970s the industry boomed, but it also brought forth a large-scale protest movement. Since then, partly because of that movement and because of the drama of the 1979 Three Mile Island accident, nuclear power has plateaued, with only one reactor completed since 1995. Several factors account for the failed promise of nuclear energy. Civilian power has never fully shaken its military ancestry or its connotations of weaponry and warfare. American reactor designs borrowed from nuclear submarines. Concerns about weapons proliferation stymied industry hopes for breeder reactors that would produce plutonium as a byproduct. Federal regulatory agencies dealing with civilian nuclear energy also have military roles. Those connections have provided some advantages to the industry, but they have also generated fears. Not surprisingly, the “anti-nukes” movement of the 1970s and 1980s was closely bound to movements for peace and disarmament. The industry’s disappointments must also be understood in a wider energy context. Nuclear grew rapidly in the late 1960s and 1970s as domestic petroleum output shrank and environmental objections to coal came to the fore. At the same time, however, slowing economic growth and an emphasis on energy efficiency reduced demand for new power output. In the 21st century, new reactor designs and the perils of fossil-fuel-caused global warming have once again raised hopes for nuclear, but natural gas and renewables now compete favorably against new nuclear projects. Economic factors have been the main reason that nuclear has stalled in the last forty years. Highly capital intensive, nuclear projects have all too often taken too long to build and cost far more than initially forecast. The lack of standard plant designs, the need for expensive safety and security measures, and the inherent complexity of nuclear technology have all contributed to nuclear power’s inability to make its case on cost persuasively. Nevertheless, nuclear power may survive and even thrive if the nation commits to curtailing fossil fuel use or if, as the Trump administration proposes, it opts for subsidies to keep reactors operating.
Indian gaming, also called Native American casino gaming or tribal gaming, is tribal government gaming. It is government gaming built on sovereignty and consequently is a corollary to state gambling such as lotteries rather than a corollary to corporate gaming. While the types of games offered in casinos might differ in format from ancestral indigenous games, gaming itself is a cultural tradition in many tribes, including those who operate casino gambling. Native American casino gaming is a $33.7 billion industry operated by nearly 250 distinct tribes in twenty-nine states in the United States. The Indian Gaming Regulatory Act (IGRA) of 1988 provides the framework for tribal gaming and the most important case law in Indian gaming remains Seminole Tribe of Florida v. Butterworth, in the US Fifth Circuit Court of Appeals, and the US Supreme Court decision over California v. Cabazon Band of Mission Indians.
Benjamin C. Waterhouse
Political lobbying has always played a key role in American governance, but the concept of paid influence peddling has been marked by a persistent tension throughout the country’s history. On the one hand, lobbying represents a democratic process by which citizens maintain open access to government. On the other, the outsized clout of certain groups engenders corruption and perpetuates inequality. The practice of lobbying itself has reflected broader social, political, and economic changes, particularly in the scope of state power and the scale of business organization. During the Gilded Age, associational activity flourished and lobbying became increasingly the province of organized trade associations. By the early 20th century, a wide range at political reforms worked to counter the political influence of corporations. Even after the Great Depression and New Deal recast the administrative and regulatory role of the federal government, business associations remained the primary vehicle through which corporations and their designated lobbyists influenced government policy. By the 1970s, corporate lobbyists had become more effective and better organized, and trade associations spurred a broad-based political mobilization of business. Business lobbying expanded in the latter decades of the 20th century; while the number of companies with a lobbying presence leveled off in the 1980s and 1990s, the number of lobbyists per company increased steadily and corporate lobbyists grew increasingly professionalized. A series of high-profile political scandals involving lobbyists in 2005 and 2006 sparked another effort at regulation. Yet despite popular disapproval of lobbying and distaste for politicians, efforts to substantially curtail the activities of lobbyists and trade associations did not achieve significant success.
Laura Phillips Sawyer
The key pieces of antitrust legislation in the United States—the Sherman Antitrust Act of 1890 and the Clayton Act of 1914—contain broad language that has afforded the courts wide latitude in interpreting and enforcing the law. This article chronicles the judiciary’s shifting interpretations of antitrust law and policy over the past 125 years. It argues that jurists, law enforcement agencies, and private litigants have revised their approaches to antitrust to accommodate economic shocks, technological developments, and predominant economic wisdom. Over time an economic logic that prioritizes lowest consumer prices as a signal of allocative efficiency—known as the consumer welfare standard—has replaced the older political objectives of antitrust, such as protecting independent proprietors or small businesses, or reducing wealth transfers from consumers to producers. However, a new group of progressive activists has again called for revamping antitrust so as to revive enforcement against dominant firms, especially in digital markets, and to refocus attention on the political effects of antitrust law and policy. This shift suggests that antitrust may remain a contested field for scholarly and popular debate.