November 04, 2012

Common BUT WRONG Statements against "Monopolies"

(This post is in response to Bret Z's comment on an earlier post, thanks for the inspiration Bret....)

Sherman Anti-Trust Law was created specifically to destroy competitive markets.

Anti-Trust law was not born from a desire by the people to create a fair system; it was born from a desire by unsuccessful competitors to create an unfair system favoring themselves, using political means instead of competitive means to compete.  The nature of the Sherman Anti-Trust act, both orginally as well as its use today, was and is born from the democratic complaints of competitors which could and can not compete with a particular successful company.  The phrase "anti-competitive behavior" is a veil under which the anti-competitive competitors use to convince the masses they were just in using politics to quell their competitor. So, in fact, the real nature of the beginnings of Sherman Anti-Trust were born from anti-competitive competitors of the supposed "monopolies" of the day. The competitors simply didn't feel like competing anymore, so they went to their politicians for help. We can see this today, France and China create havoc for Google so that their local search engines (who likely contribute bundles to capmpaign funds whereas Google does not) gain a political advantage when their actual businesses begin to lose and they are too lazy to adjust to a strong competitor.

FUTURE POST:   We will delve into the political specifics in US history of how Sherman Anti-Trust was passed, and the motivations of those during that time period.


Sherman Anti-Trust restricts good businesses directly, by tying their hands.  No customer is forced to pay a company, customers and suppliers are "shaking hands" every time they transact.  If you do not wish to pay a monopoly of bottled water $4 per bottle, you can simply find an alternative source of water, such as drilling a well, going to your local creek and siphoning, or drinking tap water.  Even for the most basic of human survival products, there is ALWAYS an alternative.  High gasoline prices?   Take a train, carpool, buy an electric car, move closer to work, WALK.


Great Companies don't use force because they don't need it.
Sometimes it is said "monopolies" destroy competition.  "Destroy" implies the "monopolies" are attacking competitors by force.  This is incorrect, there are far more examples of labor groups using violence than managements of companies using violence-- read your history from more than one source.  Companies referred to as "monopolies" get to their position of strength by being the BEST competitor, favorable for customers whom always have the ability to buy from somewhere else.  Furthermore, if you must pay a higher price at a competitor but don't like the monopoly power, this is your choice.  Why should one man pay taxes to provide another man a free ride?  Why should a customer of the monopoly finance your choice to take business to the #2 or #11 competitor?  YOU HAVE FREE WILL.
Personally, I buy more expensive organic food, should I sue Tyson because they make cheap chicken and force them to take better care of their animals?  Perhaps there's a moral argument there, but in terms of Anti-Trust, you can always shop elsewhere, Tyson isn't forcing you to do anything.   Successful competitors don't force you to buy their products, you buy them because they are cheap or convenient, and because that company has invested in a highly efficient network of supply which no competitor can match competitively.
High margins for large companies is earned, earned from their investment in creating low prices and value for customers.   Should a company charge too high a margin, it invites competition which can exploit the large company's mispricings.

Bottom Line:  No consumer in a free market is forced to do anything.  
Sherman Anti-Trust is the "force" you speak.  When they break up companies, they FORCE them to break up.  there is your force.

Companies do not create shortages, governments do.  
Right now there's a shortage of gasoline in Long Island?  Do you know why they can't get gasoline?  Because gas stations aren't allowed to raise prices when supply is low.  If they were allowed to raise prices until supplies level out, the market would correct the price imbalance, and you'd see every privateer in Pennsylvania and Connecticut making gasoline shipment runs across borders, literally getting paid to reduce the shortages in Long Island.  The market corrects MUCH faster than any anti-gauging laws.
Ever wonder why it's so easy to get cannabis in this country?  it's because no matter how much the government restricts or penalizes drugs, the demand always gets satisfied anyway, by the black market if it must.  Keep studying history and you will find so many examples of free and black markets correcting supply imbalances you cannot possibly write them all down.

Cartels never work
and this has been proven over and over again throughout history.  
Even with the best laid plans to form a cartel, at some point it becomes too profitable to break the cartel and lower prices to gain volume advantage.  Cartels are impossible.
Orbitz is a perfect example, as is OPEC.  Orbitz is a cartel of airlines trying to compete with the likes of Expedia and Priceline-- it failed.  OPEC not only does not control prices, but when it tries, it breeds offshore competition.  Why do you think a place like Venezuela can become such a big supplier, or Alaska?  It's because shortage breeds new competition for those trying to artificially raise prices.  Go ahead and raise prices OPEC, that just helps Canadian oil shale companies sell more oil and finance more wells so the US will depend less on oil shipped across teh earth!

Competition is not an ideal; it is a result of unforced non-violent open markets.
There is no such thing as "perfectly competitive".  The beauty of free markets is there is ALWAYS imbalances which create busts and opportunity.  One day Western Union has a lock on all communications, the next day Alexander Graham Bell is highly motivated to create the next great telecom company.  AT&T didn't need to be broken up, the internet was going to break it up anyway.

FUTURE POST:  when companies have unusually high market share, there is not only a good reason for this result, but a benefit to society in more ways than one.

March 25, 2008

DOJ decides capitalism works with respect to XM and Sirius merger








WHY DOES THE DOJ HAVE ANY SAY WHATSOEVER?
Even though the Department of Justice should have absolutely ZERO say in whether companies merge, at least they finally made a correct decision for once, albeit about a year late.

SIRIUS + XM FLIES!
The DOJ approved the merger of money-losing Sirius and money-losing XM satellite radio companies. When this merger was first announced over a year ago, it looked like it had a less than 5% chance of success; however, Mel Karmazin worked some kind of magic to get the DOJ to approve this merger.

Approved, but (of course) meddled:
You didn't think capitalism was going to be allowed to work all by itself? The merger was allowed by the DOJ only after Karmazin had to promise a la carte low-tier pricing for the masses, instead of being allowed to run his company as he sees fit. Hats off to Mr. Karmazin, though, this feat is nothing short of herculean given that the satellite TV companies (DirectTV and Echostar/DISH) were NOT allowed to merge.

Not over yet, FCC still to decide:
Now the FCC gets to weigh-in on the deal. If the FCC fails to approve this merger, they should be fired by the Executive Branch of our government. Is it possible the FCC can drag this out for another year? Probably shouldn't bet against it-- hurray for government!

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November 09, 2005

Where can you find the Sherman Act?


The Sherman Act, against "Trusts" or "Monopolies", was incorporated into US law in 1890 (initiated by the Senate, and Senator Sherman), and it's surviving and often-modified remnants can be examined by reading the titles of the latest version of the official law of the United States. The official law of the United States is encoded into volumes called "The United States Code" (or USC). (there are other parts to US law, but the USC contains the code of all laws initiated and modified by Congress) The USC's Title 15, governing Commerce & Trade, contains the codes of law derived from the original Sherman Act. There are 97 chapters of Title 15 in the latest online version of the USC (2000 edition, Gov't Printing Office website), and a quick browse of chapter headings highlights chapters 1 & 2 as primary antitrust areas of the USC. Forget about reading all this lawyeresque CRAP, here's everything you need to know about the actual antitrust law...

Chapter 1,
sections 1 thru 7: (paraphrased)
Every conspiracy in restraint of trade (sec 1) or monopolization (sec 2) of trade, is illegal.
Conspirators are guilty of a felony.
Conspirators can be fined (upto but not to exceed $10 million for corporations and
a max of $350,000 for persons)
or imprisoned (not to exceed 3 years),
or both (court discretion).
Definitions of conspiracy and monopolization, including the word monopoly itself, are entirely broad, largely undefined and ultimately left upto the Attorney General and the moods of the US public at the time of enforcement. Basically, guilty parties are whomever the Attorney General can convince the District Court judges they are. A political crapshoot. Guilty parties should prepare to act humble (as Bill Gates did NOT) and brown-nose as much as possible.

The Attorney General is in charge of enforcing this law (Sec 4) via the jurisdiction of the District Courts, and he has plenty of political leeway to do as he personally likes. He can subpeona (sec 5) anyone, for long undefined periods of time; therefore his investigation is a time-consuming vortex of distraction which CEOs and other employees of companies cannot afford-- if they wish to competitively (fairly) beat their competition. [For instance, Microsoft began settling many court cases because the very-valuable Bill Gates would've spent most of his time in court, instead of figuring out how his company can thrive "at the office". To understand this concept, ask yourself how much work YOU get done while you're on jury duty??]

If guilty, the conspirator-monopolist company/person's assets, which were gained by monopoly, can be siezed (Sec 6) by the US government. Bye bye business.

Sec 13: takes away a company's ability to freely price its product based on competitive pressures alone. There's a clause in this section allowing Federal Trade Commission (FTC) intervention in the company's business.

Sec 14: takes away a company's ability to form partnerships with its customers, if the partnership has clauses which prevent the customer from using a competitor's product. This is like not allowing exclusives, but only for company's deemed to be "monopolistic" (which is a loose term in the first place).

Sec 15: Here's where the real damage sets in. ALL "Injured" competitors may sue the monopolist for damages, which is entirely seperate from the justice determination of the monopolistic company. The District courts get to decide the "damages" which can be based on nearly arbitrary, but certainly estimated, calculation. Thus the monopolistic company can be raided-- not much different from a band of vikings coming into your home and stealing everything you have, simply because you are "too good" at your job.


SECTIONS 16 thru 37a can be paraphrased later.


Thanks to...
the official US Government Printing Office website.
For having Title 15 of the US Code readily available on the web.
Then again, THIS law shouldn't need to be put on the web, nor on the books, since Title 15's elimination would benefit every person in the United States. Nullifying the Sherman Anti-Trust Act would not only improve our country, and the world, but would also make our dusty U.S. lawbook a LOT easier to read. Think about it, we almost put Bill Gates, J.D. Rockefeller, and the successor's of Alexander Graham Bell in JAIL. Tell this to your children: Big bad U.S. politicians with guns in their hands, would have put Alexander Graham Bell into jail if Bell had simply grew his "monopoly" business fast enough to exist in his lifetime. THEN compare this to the U.S. Post Office, which is a monopoly your U.S. politicians OWN, a government monopoly. Or compare it to the George Washington Bridge, Lincoln Tunnel, or Holland Tunnel. Same thing, your federal and local politicians don't mind RUNNING a monopoly, and even using gun-backed laws to protect them, but if a private citizen creates a great product to which customers WILLINGLY flock, those same politicians move quickly to put the CEO into JAIL.

John Sherman vs. Rufus Blodgett

In the mid-to-late 1800s, public demand grew for an anti-trust law. And "public demand" in this case, means a group of Americans with all the rational and disciplined thought of a lynching mob.

The Sherman Act was a bill introduced in the Senate by John Sherman (picture above right), Ohio, chairman of the finance committee and President Hayes' Secretary of the Treasury, and it passed by a vote of 52:1 on April 8, 1890. This blog's hero dissenter was Rufus Blodgett (picture below right), democrat, of Long Branch, New Jersey-- machinist, railroad supplier, banker, born in New Hampshire.

The House of Representitives passed the bill unanimously, 242:0, with one ammendment on May 1, 1890.

The bill underwent 2 months of conferences before the bill was presented to President Harrison sans the attached House ammendment. He signed it, and the bill became law on July 2, 1890.

footnote for all content above: Law and Economic Policy in America: The Evolution of the Sherman Antitrust Act by William Letwin

I believe the original version of the law contained 7 sections.
(footnote: "Abolition of Antitrust" by Gary Hull)

Alan Greenspan says: DOWN WITH SHERMAN!


"No one will ever know what new products, processes, machines, and cost-saving mergers failed to come into existence, killed by the Sherman Act before they were born. No one can ever compute the price that all of us have paid for that Act which, by inducing less effective use of capital, has kept our standard of living lower than would otherwise have been possible." -- Alan Greenspan

(from an essay he wrote called "Antitrust")

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