Meagher worked as a competition lawyer for one of the biggest law firms in the world before seeing the light. That light arrived at a dark moment in history: when the rana plaza building in Bangladesh, from which family member originate, collapsed and killed thousand of already exploited workers. It was a wake-up call for her to understand that softly taming capitalism doesn't work. The inherent competitive drivers underpinning capitalism are wreaking havoc and despair and they should be tackled head on.
She looks at this challenge from her area of expertise: antitrust law, which should be radically reformed in order to rein in the power and wealth accumulation of the world's rich and powerful. To do that, Meagher argues that we first need to debunk the 'myths of competition' that underpin the cultural acceptance of the concentration of power and wealth in the hands of the few. That much is true, in everyday political discourse, it is anathema to contradict the dogma of competition.
To any critic of capitalism, these myths will be familiar: that free markets are competitive, that companies compete to respond to societal needs, that they are benign and that we all benefit from maximising shareholder value. Less familiar are the myths that their power is already controlled by antitrust and that the law requires companies to maximize financial value for shareholders. The narrative feels like a journey that Meagher herself experienced as she discovered they are all smoke and mirrors that were actively enshrined in law, not as a natural law but as a political act by certain people and business interests.
Meagher tells a good story, but as always the solutions should be of most interest. The general gist of these are good, but they lack specifics to start implementing them tomorrow. What stands out most is her insight on antitrust, not surprisingly. Antitrust authorities today invoke the power to stop mergers when these would affect consumer prices in the short term, not when they lead to an accumulation and concentration of monopoly power. Indeed, the recent mergers and acquisitions in food, tech and communications and so many other industries have proven that monopolies are no longer seen as problematic as such. Only when they lead to immediate price hikes. That's a mistake.
Meagher argues for stakeholder antitrust to bust the economic and political power of companies. This means concretely to provide companies with a large range of societal responsibilities (not just a fiduciary duty to maximise shareholder value) as a return for the gift and privilege of incorporation. It also means providing room for stakeholder participation and control over company decision making -- as is already happening in cooperative businesses. It should also mean regulation of corporate power directly, and even stipulating that incorporation can be annulled if that power grows too big.
That is the main take-away of this book, and in the era of techbroligarchs ruling the world, it should be part of every political programme around the world.