History and Turning the Antitrust Page

Present-day advocates of antitrust reform referred to as “New Brandeisians” have invoked history in pressing the case for change. The New Brandeisians bemoan the upending of a mid-twentieth-century “golden age” of antitrust by an intellectual movement known as the Chicago School. In fact, mid-twentieth-century enforcement of antitrust was uneven and large corporations exercised substantial market power. The Chicago School also was not as decisive an agent of change as the New Brandeisians suggest. Doubts about the efficacy of government regulation and concerns about foreign competition did much to foster the late twentieth-century counterrevolution that antitrust experienced.

Reframing Chinese Business History

Business history is expanding to include a greater plurality of contexts, with the study of Chinese business representing a key area of growth. However, despite efforts to bring China into the fold, much of Chinese business history remains stubbornly distal to the discipline. One reason is that business historians have not yet reconciled with the field's unique origins and intellectual tradition. This article develops a revisionist historiography of Chinese business history that retraces the field's development from its Cold War roots to the present day, showing how it has been shaped by the particular questions and concerns of “area studies.” It then goes on to explore five recent areas of novel inquiry, namely: the study of indigenous business institutions, business and semi-colonial context, business at the periphery of empire, business during socialist transition, and business under Chinese socialism. Through this mapping of past and present trajectories, the article aims to provide greater coherence to the burgeoning field and shows how, by taking Chinese business history seriously, we are afforded a unique opportunity to reimagine the future of business history as a whole.

Advertisers and American Broadcasting: From Institutional Sponsorship to the Creative Revolution

American broadcasting, unique among media industries, relied on sponsors and their ad agencies for program content from the 1920s through the 1950s. Some sponsors broadcast educational or culturally uplifting programs to burnish their corporate images. By the mid-1960s, however, commercial broadcasting had transformed, and advertisers could only buy interstitial minutes for interrupting commercials, during which they wooed cynical consumers with entertaining soft-sell appeals. The midcentury shifts in institutional power in US broadcasting among corporate sponsors, advertising agencies, and radio/television networks reflected a fundamental shift in beliefs about how to use broadcasting as an advertising medium.

The Italian State's Active Support for the Aeronautical Industry: The Case of the Caproni Group, 1910–1951

Based on Italian and foreign archival sources, this study shows how Italy's active assistance to its industrial apparatus soon included the newly born aircraft industry, including the Caproni Group. However, after World War II the Group went bankrupt along with most aircraft manufacturers. The suspension of aircraft development, the preference for importing allied (American and British) aircraft for civil airlines, and the denial of international assistance were the ensuing political and economic costs of defeat. In the end, Italy nationalized what was left of its aviation firms. Also, nationalization was consistent with its industrial history and represented the only way to help this sector survive.

Sowing the Seeds of a Future Crisis: The SEC and the Emergence of the Nationally Recognized Statistical Rating Organization (NRSRO) Category, 1971–1975

Since 2008, academics and policymakers have frequently debated why bond rating agencies such as Moody's, S&P, and Fitch enjoy considerable power and influence. The 2008 financial crisis focused our attention on the bond rating agencies that had previously categorized mortgage-backed securities as investment grade. Scholars have attributed the power enjoyed by the rating agencies to regulations that confer a privileged status on those agencies that are designated as nationally recognized statistical rating organizations (NRSROs) by the U.S. Securities and Exchange Commission (SEC). While these authors mention in passing that the relevant regulation went into effect in 1975, none has conducted archival research to examine why this regulation was introduced at that time. This article is the first historical investigation of the creation of this crucial regulation, which entrenched the concept of the NRSRO in federal securities law. It shows that the SEC mandated the use of NRSRO-created ratings even though SEC officials vigorously debated whether it was wise for the commission to endorse ratings produced by agencies that operate on the basis of the controversial issuer-pay model. This article contributes to our understanding of the SEC's role in the development of the distinctive features of American capitalism.

Set and Forget? The Evolution of Business Law in the Ottoman Empire and Turkey

This study examines the transplantation and evolution of business law in the late Ottoman Empire and the early Turkish republic, drawing broader implications for the economic and political determinants of legal transplantation for late industrializers. We show that the underlying political economy context was influential in shaping the way commercial law was transplanted and evolved in Turkey. Extraterritorial rights in the nineteenth century eroded the incentives to demand legal change by providing alternative legal rules to the non-Muslim commercial elite; the nation-building efforts of the twentieth century cultivated a new Muslim business class that was reliant on the state's goodwill for success and could not effectively push for more open access to novel forms of business organization.

The Cost and Evolution of Quality at Cipla Ltd., 1935–2016

This article examines the evolution of Indian pharmaceutical manufacturer Cipla toward producing drugs that met the quality standards of European and U.S. regulators. It employs new research in both Cipla's corporate archives and a wide range of oral histories. The article argues that, along with a long-standing corporate culture of self-reliance rooted in nationalism starting from the company's inception in 1935, major factors in Cipla's strategy from the 1960s through the early 2000s included the early adoption and continued use of quality-control technology, along with efforts to create global goodwill for affordable high-quality generic drugs during the HIV/AIDS epidemic of the early 2000s.

The Emergence of the Swiss Tax Haven, 1816–1914

There is general consensus that tax havens have long played a major role in the evolution of the capitalist system on a global scale. There is also no doubt that Switzerland is one of the first, if not the first, tax haven to have emerged, as well as one of the most important in the world. However, knowledge and understanding of the history, particularly the distant past, of tax havens remains lacking, despite the considerable volume of literature devoted to them. Therefore, this article attempts to make two innovative contributions. The first is an attempt to explain the emergence of the Swiss tax haven, by analyzing the processes and factors whose intertwining led to its emergence. It thus improves the general understanding of the genesis of tax havens at an international level. The second contribution is to show that already on the eve of World War I, the Swiss Confederation possessed the necessary characteristics for a tax haven.

Examining the Role of a Private-Order Institution in Global Trade: The Liverpool Cotton Brokers' Association and the Crowning of King Cotton, 1811–1900

In the nineteenth century, the Liverpool Cotton Brokers' Association (CBA) coordinated the dramatic growth of Liverpool's raw cotton market. This article shows how the CBA achieved this through the development of a private-order institutional framework that improved information flows, introduced standardization and contracting regimes, and regulated market exchange platforms. These developments corresponded with significantly improved market coordination, which facilitated the growth of the largest raw cotton market in the world. The article's findings demonstrate and quantify the importance of nonstate actors in creating institutions of global exchange central to the first wave of globalization.

“Carl Laemmle Presents”: A Story of Political and Cultural Risk in Germany, 1917–1934

Led by German-born Carl Laemmle, Universal Pictures devoted itself to winning over the German market in the interwar period. Yet the German market proved difficult to crack, owing to political risk and cultural distance. We argue that cultural differences kept most American films from becoming more successful, even those that were shown in German theaters and prior to the advent of sound film. Universal Pictures resorted to a film strategy of localization using German actors and directors, which proved a winning formula just as the Nazis came to power.