The paper critically examines the unsuccessful attempts to amend the corporate legislation in Slovenia in the ambit of managers’ duty to care. The author then sketches out the amendment proponents’ perception of the business judgment rule and the method and manner that were used in the attempt to codify it.

The article portrays the development of the US antitrust law and policy. Through the scope of the interpretative development of the Sherman Act, the author aims at defining the original historical goals of the world’s first modern codification of competition law.