Antitrust
By Amy Klobuchar
- [ ] It starts with the heart care industry
- [ ] I need to take plenty of notes
Monopolies
- [ ] American colonists rebelled against British monopolies. The Boston Tea party was about monopolies
- [ ] Adam Smith was against monopolies. He believed that is suppressed the invisible hand. George Washington was against monopolies. George Mason and Thomas Jefferson tried to put a clause in the constitution to check monopoly power
- [ ] The history of the game monopoly is an anti monopoly game, is there a second set of rules that was played differently and distributed wealth. The game was in long trade mark disputes and the original creator really did not get the credit or sales from it
- [ ] Throughout American history Presidents particularly in the 19th century have fought against monopoly power
- [ ] The Boston Tea party was a revolt against a monopoly on tea
Trusts
- [ ] Unions, violence of strikes
- [ ] Workers push against tyrannical corporations
- [ ] McKinley started the trust busting area in 1898 when he appointed the US Industrial Commission
- [ ] Antitrust is a term used for anticompetitive practices
- [ ] Definition of a trust: ‘Corporate trusts came into use as legal devices to consolidate power in large American corporate enterprises.[3] In January 1882, Samuel C. T. Dodd, Standard Oil's General Solicitor, conceived of the corporate trust to help John D. Rockefeller consolidate his control over the many acquisitions of Standard Oil, which was already the largest corporation in the world.[3][failed verification][4] The Standard Oil Trust formed pursuant to a "trust agreement" in which the individual shareholders of many separate corporations agreed to convey their shares to the trust; it ended up entirely owning 14 corporations and also exercised majority control over 26 others.[3] Nine individuals held trust certificates and acted as the trust's board of trustees.[3] One of those trustees, Rockefeller himself, held 41% of the trust certificates; the next most powerful trustee held only about 12%’ - Wikipedia
- [ ] The Sherman Antitrust Act, 1890: ‘broadly prohibits 1) anticompetitive agreements and 2) unilateral conduct that monopolizes or attempts to monopolize the relevant market. The purpose of the Sherman Act is not to protect competitors from harm from legitimately successful businesses, nor to prevent businesses from gaining honest profits from consumers, but rather to preserve a competitive marketplace to protect consumers from abuses’ - Wikipedia
- [ ] The courts have since built a frame work around the Sherman Antitrust Act
- [ ] The Clayton Act of 1914: expanded upon the Sherman Act and has become one of the foundations of antitrust law in the US.
- [ ] price discrimination between different purchasers if such a discrimination substantially lessens competition or tends to create a monopoly in any line of commerce (Act Section 2, codified at 15 U.S.C. § 13);
- [ ] sales on the condition that (A) the buyer or lessee not deal with the competitors of the seller or lessor ("exclusive dealings") or (B) the buyer also purchase another different product ("tying") but only when these acts substantially lessen competition (Act Section 3, codified at 15 U.S.C. § 14);
- [ ] mergers and acquisitions where the effect may substantially lessen competition (Act Section 7, codified at 15 U.S.C. § 18) or where the voting securities and assets threshold is met (Act Section 7a, codified at 15 U.S.C. § 18a);
- [ ] any person from being a director of two or more competing corporations, if those corporations would violate the antitrust criteria by merging (Act Section 8; codified 1200 at 15 U.S.C. § 19).
- [ ] It added specific provisions to protect unions. Because the Sherman Act was enforced against unions, it stated ‘that the labor of a human being is not a commodity or article of commerce, and permit[ting] labor organizations to carry out their legitimate objective.’ Implying that unions were an essential part of fighting against monopolies, they had to be protected
- [ ] The creation of the Federal Trade Commission in 1914 was another pillar towards the structure of antitrust and consumer protection
- [ ] More about the FTC:
- [ ] William Jennings Brian - ran on antitrust
- [ ] Anti trust and populism in the Midwest. The antitrust movement started in the Midwest
- [ ] Teddy Roosevelt and his war against trusts. He was not popular amongst trusts, he and his DOJ actively prosecuted over 40 trusts. Many of these were resolved by the courts after he left office
- [ ] Lincoln opposed trusts
- [ ] The Sherman act was not enforced for the first 10 years, in fact it was used against unions. Courts just choose to ignore it
I need to be taking more notes
- [ ] The break up of Standard Oil and Taft
- [ ] The break up of American Tobacco
- [ ] Rosevelt was not impartial, he went after some trusts and not the ones that supported him, the JP Morgan backed trusts
- [ ] By 1904 there were over 300 trusts that accounted for x billion dollars?
- [ ] The 17th amendment was passed because senators were representing corporations instead of the people. Senators were representing families and corporate trusts. The progressives were fighting against corruption and this corruption of the senate. It sounds a lot like today
- [ ] By 1910 most of the major trusts had been broken up
- [ ] Roosevelt, Taft, Wilson - the progressive era
- [ ] The progressive area ended after Wilson and started with WWI. Presidents gave antitrust less attention, there was less public pressure to break up trusts, and WWI lead to some companies have monopolies on certain sectors - Dupont over gun powder
- [ ] In the last hundred years antitrust has moved to the role of courts, academics, and politicians. During the progressive area there was support amongst the public to bust trusts, Taft, Teddy, and Wilson all ran on it - it was the basis of the 1912 campaign. In the past hundred years there has been less popular support
- [ ] The other laws that support anti trust enforcement
- [ ] There are many exemptions and loopholes that make enforcement challenging
- [ ] MLB is not antitrust but the NFL is
- [ ] Business can not get together to control prices
The courts
- [ ] The U Chicago school v Harvard school. Yes the same U Chicago of the 60’/70’s economics department
- [ ] Robert Bork argued vociferously against anti trust and laid the ground work for conservative arguments
- [ ] He asked a crucial question, what is the purpose of antitrust law? Chicago sided with it stifling legitimate competition and Harvard argued that is protected consumers
- [ ] Shoot there is so much more in this chapter
- [ ] Antitrust enforcement had basically evaporated by the Reagan administration
- [ ] AT&T breakup was controversial but beneficial to innovation and consumers. It was big win for antitrust
- [ ] The pro business Reagan administration promoted mergers and ignored antitrust. It all but eliminated the antitrust infrastructure and prompted trickle down economics. It was said that the lawyers in the antitrust division answered to the economists
- [ ] The emergence of Microsoft, Apple, and other tech companies
- [ ] Antitrust enforcement improved under Clinton
- [ ] The cases against Microsoft,
- [ ] Had to do with internet explorer?
- [ ] It was so bad that even Bork thought that Microsoft should be broken up
- [ ] It was a higher court that found Microsoft guilty but did not deem them to be broken up. Finally it was the W Bush administration that ended the long case
- [ ] W Bush administration was lax while Obama administration was middle - 5/10
- [ ] Through its time the Sherman Act has wavered in its enforcement
- [ ] Tech, health care, Facebook, AT&T/Time Warner and other mergers during Obama
- [ ] Trump was mixed on antitrust. He appointed judges that had strong views on antitrust- Kavanaugh and Gorisch are extremely weak on antitrust. His actions tended to be more personal than genuine actions towards antitrust
- [ ] More mergers and consolidations in the past 20 years
- [ ] An antitrust case has not made it to SCOUTUS in decades. Antitrust has become increasingly hard to enforce
We the people, why antitrust matters to the people and our democracy
- [ ] The online discount travel search engine industry is dominate by two companies that represent, Orbitz, Hotels.com, Travelocity, Priceline, etc. it is market dominance. What seems like diversity and competition is not. A small handful of companies own the majority of brands. The same company owns Oakley, Raybans, and most sun glasses. Two companies own all of those travel search engines
- [ ] She sponsored the constitutional amendment to overturn Citizens United
- [ ] Mergers and consolidations are happening in almost every industry, health care, tech, telecommunications, beer, cat food, sun glasses, tooth paste etc
- [ ] Income inequality, raising the corporate tax rate, increasing the minimum wage, progressive reforms
- [ ] The importance of unions
- [ ] Suppressed wages from non compete clauses and fewer employers
- [ ] National Labor Relations Board:
Media consolidation
- [ ] Depressed speech and leads to misinformation
- [ ] Media consolidation is a threat to our democracy
- [ ] The telecommunications act
- [ ] Net Neutrality
- [ ] Net neutrality must be restored and fiercely defended
- [ ] We need a diversity of media outlets, access to information for all people
- [ ] A powerful section about diversity in media
- [ ] The threat of social media news, Facebook, Google, Twitter, Amazon
- [ ] Dark money in politics, dialing for dollars
- [ ] Publicly funded elections, end gerrymandering, reinstate the VRA, end Citizens United, make it easier for people to vote
Modern day antitrust challenges: consolidations, conservative courts, congressional inertia
- [ ] 12 categories
- [ ] Crushing local businesses
- [ ] Pharmacies and publishing - hugely damaging to pharmacies, authors, and book stores
- [ ] Antitrust fights discrimination, it puts diversity in the market, it does not allow one ideology to dominate the market. Minority owned business flourished in the progressive era, antitrust fought against red lining, and it promotes equality
- [ ] The DOJ antitrust division has lacked funding and it’s importance diminished
- [ ] This is most pro business SCOTUS since the 1930’s
SCOTUS
- [ ] An antitrust case has not come to SCOTUS in decades and the court has not ruled in favor in longer
- [ ] This is most pro business SCOTUS since the 1930’s
- [ ] Simply being a monopoly is not a violation of the Sherman Act, it is knowingly stifling competition, conspiracy, or violating laws that is illegal
- [ ] It is extremely hard to prove actual conspiracy or violations
- [ ] Many companies argue that their merger will improve competition; IE competing with Amazon
- [ ] She suggests changing the burden of proof
- [ ] Vertical integration
Horizontal integration
- [ ] Shareholders, stocks, Wall Street, boards, mutual funds owning large percentages of multiple companies in the same sector
- [ ] Anticompetitive practices
- [ ] It is not a sexy issue, there is not a popular movement for it
The way forward
Congress:
- [ ] Increase funding for antitrust divisions
- [ ] End monopsonies. She spends significant time on monopsonies
- [ ] Monopsony: ‘is a market structure in which a single buyer substantially controls the market as the major purchaser of goods and services offered by many would-be sellers. The microeconomic theory of monopsony assumes a single entity to have market power over all sellers as the only purchaser of a good or service. This is a similar power to that of a monopolist which can influence the price for its buyers in a monopoly, where multiple buyers have only one seller of a good or service available to purchase from.’ - Wikipedia
- [ ] Change the burden of proof
- [ ] Make it easier to prosecute antitrust
- [ ] Take on the tech and pharmaceutical industries
- [ ] Pay to delay - pharmaceutical companies pay competitors to not release certain drugs, so they can have more of a foothold on the market
It’s hard to keep notes on everything. Antitrust is deeply important but it can still be rather drab
I need to go through a physical copy
Executive:
Judicial:
- [ ] Cartels - business definition
- [ ] End OPEC, interesting
You:
- [ ] Write, call, protest, be involved
- [ ] Green new day, unions, raise the minimum wage, progressive politics
- [ ] This was an awesome book but it can be dense. I still find this incredibly important and hope more people know/learn about. I need to go back and review the details