
The Curse of Bigness: Antitrust in the New Gilded Age

“Men are not free,” he wrote, “if dependent industrially on the arbitrary will of another.” Economic security was a foundation on which one could really be free in a meaningful sense—hence the importance of steady but not oppressive work, of education, time and space for leisure, parks, libraries, and other institutions.
Tim Wu • The Curse of Bigness: Antitrust in the New Gilded Age
As a business gets larger, it begins to enjoy a different kind of advantages having less to do with efficiencies of operation, and more to do with its ability to wield economic and political power, by itself or conjunction with others.
Tim Wu • The Curse of Bigness: Antitrust in the New Gilded Age
The retreat, rather, is best attributed to a combination of fear and uncertainty among those who enforce and interpret the laws—especially departments of government and federal judges.
Tim Wu • The Curse of Bigness: Antitrust in the New Gilded Age
They believed liberty to be the secret of happiness, and courage to be the secret of liberty.”
Tim Wu • The Curse of Bigness: Antitrust in the New Gilded Age
As Justice William Douglas would later put it, “power that controls the economy should be in the hands of elected representatives of the people, not in the hands of an industrial oligarchy.”
Tim Wu • The Curse of Bigness: Antitrust in the New Gilded Age
All of this amounts to just a more fancy way of demonstrating Roosevelt’s point: Concentrated private power can serve as a threat to the Constitutional design, and the enforcement of the antitrust law can provide a final check on private power. This, by itself, provides an independent rationale for enforcement of the antitrust laws.
Tim Wu • The Curse of Bigness: Antitrust in the New Gilded Age
The new monopolists of the Gilded Age preferred to believe that they were not merely profiteering, but building a new and better society. They were bravely constructing a new order that discarded
Tim Wu • The Curse of Bigness: Antitrust in the New Gilded Age
Or, as Robert Pitofsky put it, we should always be concerned that “excessive concentration of economic power will breed antidemocratic political pressures.”
Tim Wu • The Curse of Bigness: Antitrust in the New Gilded Age
Hence, antitrust law was serving as a new kind of limit: a check on private power, by preventing the growth of monopoly corporations into something that might transcend the power of elected government to control. His pursuit of this goal makes it fair to call Roosevelt the pioneer of political antitrust.