ABSTRACT
This chapter examines the interaction of the public interest and that law. The late Justice Holmes allegedly defined the Constitution as a document intended for people with irreconcilable interests. Congress felt the public interest required a law that would harmonize the public interest and the profit-motivated behavior of private enterprise. According to Thomas Kauper, the Department of Justice and the Federal Trade Commission receive a ceaseless stream of proposals to set aside the antitrust laws in favor of some noble goal. In 1957, the Special Committee on Antitrust Laws and Foreign Trade of the Association of the Bar of the City of New York noted that at least "a new procedure" was needed to accommodate US antitrust law to the realities of life abroad. There is a continuum of opinion on the worth and the present-day value of the antitrust laws. The extraterritorial application of the Sherman Act is alleged by US business to make its foreign operations less competitive.
