3 Comments

What's the purpose of antitrust law?

H. W. Brands

https://hwbrands.substack.com/p/bork-v-brandeis

(Nor sure this link works for anyone by me. I think it link to my

inbox in gmail.)

https://mail.google.com/mail/u/0/?zx=kd4l9dnkkhp0#inbox/WhctKKXPdhGfMxkNjGKnzkSFzLwZMhgFclkrXNqMrqKHWszVrtQZpbPrXFlRBQbrRJpfTqB

You describe only two possibilities: Borkian or Brandeisian. As far

as I know, all economists agree that monopolies are bad. I suggest

the unlimited power to tax (the 16th Amendment) of the federal

government is an out of the box weapon that can

protect both consumers and producers from all monopolies.

I think Brandies/Bork is a false dichotomy.

I challenge you, your readers and I to come up with

a simple rule based only on the unlimited power to tax that could

arbitrarily steepen the slope to monopoly power. Such a rule must

make both producers and consumers

equally annoyed or equally happy.

My understanding of monopolies is they can only be created and

sustained with government help. That was true with all of the

railroad monopolies as far as I can determine. Same for steel,

telephones, aluminum, oil. More recent monopolies, I haven't

studied but 100+ year copyrights are an obvious example of

government help. Patent laws also - especially when the shoulders

upon which those idea were built were funded by US tax

dollars or someone else.

Ed Bradford, Ph.D. Physics, retired from IBM

Pflugerville, TX

egbegb2@gmail.com

PS Excellent article!

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Whether monopolies require government help depends on what you mean by help. Standard Oil had no significant help from government in achieving its monopoly, except that government didn't impede its growth. Google benefited from government research money to create the forerunner of the internet, but so did every other internet user.

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As a traditional conservative, my inclination is with the Borkians, as I don't see that this merger will protect consumers much, and limiting who is deciding the lion's share of what gets published could be a road to some level of censorship. However, I also see the dangers of big tech, and can see the appeal of the Brandeisians in that arena. It's a conundrum I haven't been able to solve in my own mind. I can imagine it's the same for most of us. Government can't always protect us from ourselves and expecting it to is folly.

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