La libertà di contrarre nella tutela della concorrenza: l’evoluzione della giurisprudenza antitrust americana

Antitrust regulation and Freedom of Contract: the evolution of antitrust case law in the United States

Abstract

Abstract: Antitrust regulation and Freedom of Contract: the evolution of antitrust case law in the United States – This essay aims at highlighting and analyzing, in a historic perspective, the particular clash between antitrust regulation and freedom of contract, focusing on the evolution of American antitrust law. In particular, this essay focuses on how the courts, from the pre-Sherman Act era to the recent developments, carried out the delicate balancing between the economic freedom of enterprises and the protection of competition and economic opportunity. The relationship between antitrust law and freedom of contract is highly influenced by the idea of economic freedom adopted by the decision maker, and the opinion about the role that antitrust law plays for the market, the society and the Constitution.

Keywords: Antitrust law; Supreme Court of the US; Sherman Act; Freedom of contract; Restraints of trade.