Legal Scholars, Courts, and State in the Formation of Italy’s Legal Response to Industrial Syndicates During the Liberal Era
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Abstract
This article examines Italy’s legal response to the phenomenon of industrial syndicates (cartels and trusts) during the late 19th and early 20th centuries, within the context of liberal Italy. It focuses on the roles played by jurists, courts, and the state in shaping Italy’s unique legal approach to address the challenges posed by these industrial organizations. Unlike traditional studies that focus on U.S. antitrust laws and German cartelization, this research highlights Italy’s distinct strategies for managing organized capital. By analyzing legislative measures, judicial decisions, and the influence of legal scholars, it explores the complex interplay between legal principles, economic interests, and social dynamics. Framed within the context of legal history, this study traces the evolution of the relationship between law and economic organization during this transformative period. It reveals Italy’s multifaceted and sometimes contradictory legal responses to the challenges posed by organized capital, demonstrating efforts to craft new legal strategies to address both the risks and benefits associated with industrial syndicates. By investigating the emergence of an Italian solution to the problem of industrial syndicates during the liberal era, this research provides insights into the broader dynamics of legal and economic development in Italy during this period
Keywords
- Cartels and Trusts
- Legal History of Competition
- Economic Regulations