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American Law and the Marketing Structure of the Large Corporation, 1875–1890

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  • McCurdy, Charles W.

Abstract

This paper employs the techniques of legal history to explore the relationship between the rise of big business and the size of the American market. It emphasizes law as a determinant of market size, and it analyzes judicial construction of the Constitution's commerce clause over time to delineate the role of integrated corporations in generating legal change. Specifically, the paper suggests that if the American market is defined as a free-trade unit, enlargement of the market was a result of, rather than a prerequisite for, the post-Civil War revolution in business organization.

Suggested Citation

  • McCurdy, Charles W., 1978. "American Law and the Marketing Structure of the Large Corporation, 1875–1890," The Journal of Economic History, Cambridge University Press, vol. 38(3), pages 631-649, September.
    • Handle: RePEc:cup:jechis:v:38:y:1978:i:03:p:631-649_08
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    Cited by:

    1. Margaret C. Levenstein & Valerie Y. Suslow, 2014. "How Do Cartels Use Vertical Restraints? Reflections on Bork's The Antitrust Paradox," Journal of Law and Economics, University of Chicago Press, vol. 57(S3), pages 33-50.
    2. Marcelo Bucheli & Joseph T. Mahoney & Paul M. Vaaler, 2010. "Chandler's Living History: "The Visible Hand" of Vertical Integration in Nineteenth Century America Viewed Under a Twenty-First Century Transaction Costs Economics Lens," Journal of Management Studies, Wiley Blackwell, vol. 47(s1), pages 859-883, July.
    3. Bucheli, Marcelo & Mahoney, Joseph T. & Vaaler, Paul M., 2007. "Chandler's Living History: The Visible Hand of Vertical Integration in 19th Century America Viewed under a 21st Century Transaction Costs Economics Lens," Working Papers 07-0111, University of Illinois at Urbana-Champaign, College of Business.
    4. Farley Grubb, 2008. "Testing for the Economic Impact of the U.S. Constitution: Purchasing Power Parity across the Colonies versus across the States, 1748-1811," Working Papers 08-11, University of Delaware, Department of Economics.
    5. Stephen Martin, 2005. "U.S. Antitrust and EU Competition Policy: Where has the Former Been, Where is the Latter Going?," Working Papers de Economia (Economics Working Papers) 27, Departamento de Economia, Gestão e Engenharia Industrial, Universidade de Aveiro.
    6. Bruce G. Carruthers & Naomi R. Lamoreaux, 2016. "Regulatory Races: The Effects of Jurisdictional Competition on Regulatory Standards," Journal of Economic Literature, American Economic Association, vol. 54(1), pages 52-97, March.

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