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crime and punishment general freedom regulation

Monopoly vs. Monopoly

The Biden Administration makes much of its pro-​consumer actions. President Sleepy Joe never tires of boasting about how his regulations favor consumers over credit card companies. Considering the massive taxation that his administration supports, however, saving a few bucks on overdraft fees looks a bit absurd in context.

As does the administration’s ramped-​up anti-​trust actions.

The federal government has now attacked Apple. On anti-​trust grounds. For being a monopoly.

The humor in this was noted by anti-​intellectual property theorist Stephan Kinsella, tweeting on X: “‘U.S. Sues Apple, Accusing It of Maintaining an iPhone Monopoly’ We grant you patent and copyright monopoly privileges and you use them to build up a monopoly? How dare you!”

Jeffrey A. Tucker of the Brownstone Institute was less amused, and less concerned with Apple’s reliance upon intellectual property, which he claims is secondary to the company’s useful products: “The very notion that the government is trying to protect consumers in this case is preposterous. Apple is a success not because they are exploitative but because they make products that users like, and they like them so much that they buy ever more.”

At issue is how Apple products work so well together but not so well with other manufacturers’ products. “The Justice Department calls this anticompetitive even though competing is exactly the source of Apple’s market strength,” insists Tucker.

Maybe it’s really about this principle: the government giveth; the government taketh away: blessed be the name of the Biden.

In full disclosure, I have an iPhone, which I hate, and a Microsoft Surface Book, which I also hate. I’m open to any of their competitors, which I might hate less.

This is Common Sense. I’m Paul Jacob.


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crime and punishment free trade & free markets general freedom media and media people moral hazard nannyism national politics & policies property rights too much government U.S. Constitution

The Studio System: The Sequel

Evermore virtue signaling, everless virtue — that pretty much encapsulates Oscars’ night. The industry that brought us Harvey Weinstein and the occasion for #MeToo made the 90th Academy Awards two months ago unwatchable for most of us.

Now, as the Academy of Motion Pictures Arts and Sciences loses touch with audiences around the country, Netflix appears to have decided to horn its way into the Oscars. “Netflix will reportedly begin purchasing movie theatres,” informs The Independent, “to help it get ahead in the race for Academy Awards.

The streaming giant has aimed to land an Oscar nod since the release of its first original feature in 2015, Beasts of No Nation

I have not seen that film, but I have made time for some entertainment (and a few documentaries) on Netflix. After Stranger Things and Wormwood, I think I can safely repeat a point I’ve made before: this is the new Golden Age of Television.

But Netflix wants more prestige than the TV industry’s “Emmys.”

Whether the company succeeds with the Oscars, notice: Netflix is becoming a major studio — complete with “vertical integration.” Just what the Supreme Court tried to kill in 1948 when it ruled against the studio system’s “monopoly” status.

That decision, plus the rise of broadcast television, dealt a death blow to the studios — and arguably movie quality.

Maybe a new studio system (also courtesy of Amazon Prime, Apple, and other players) will make for a renaissance. 

For feature-​length films.

If we can just keep government out of it.

This is Common Sense. I’m Paul Jacob.


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folly free trade & free markets general freedom moral hazard nannyism national politics & policies property rights responsibility too much government

What’s the Big Deal?

Big news: in a $69 billion deal, CVS Health Corp. plans to buy Aetna Inc. The AP story by James F. Peltz says the move “would shake up healthcare industry.”

Should we worry?

Because corporations aren’t cancerous, growth and consolidation are not to be feared as such. 

But speaking of cancerous growths … the federal government will not likely take the news of the merger with the tranquility of a Taoist sage. 

Over at Forbes, last month, Bruce Japsen predicted that the deal wouldn’t go through, arguing that “a full-​blown merger of the healthcare giants would be complicated and unlikely given recent antitrust scrutiny in the sector and given that the drugstore chain is already going into business with an Aetna rival, Anthem.”

Government antitrust to the rescue?

No. We may have been schooled to believe that antitrust “protects competition,” but it has always limited competition, instead. Antitrust was always about fear — of bigness. It was definitely not designed to help consumers. The classic case is the infamous break-​up of Standard Oil, which produced more fuel while lowering prices — even as it grew humongous.* Standard Oil grew because it satisfied consumer demand. Which is what businesses are for. 

And yet government broke it to pieces, using antitrust rationales, for the benefit of some producers, some businesses.

Think of it as crony capitalism in action.

So, my remaining question runs like this: is the CVS/​Aetna merger a response to pure market demand, or as a way to wiggle around insane state and federal regulations?

Health care in America is sick. The merger is not likely the cure. But it would not kill the patient. 

We have government for that.

This is Common Sense. I’m Paul Jacob.

 

* For background, consult the studies of economist Dominick T. Armentano.


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crime and punishment folly free trade & free markets general freedom nannyism national politics & policies responsibility too much government

Serving Consumers? Punish!

New media ballyhooer Douglas Rushkoff made waves this week. Citing an un-​named friend who went hysterical about Amazon​.com’s purchase of Whole Foods, he asserted that such “unease is widespread, and has raised new calls for breaking up Jeff Bezos’s impending monopoly by force.”*

The company has “surely,” he claimed, “reached too far.”

Apparently, serving customers exceptionally well is bad for business.

Yes, he almost totally ignored the pro-​consumer benefits of Amazon. Had to — his case makes no sense when you factor in us consumers. He focused, instead, on Amazon’s success in terms of its recent “online and offline retail sales growth” and its control of 40 percent of cloud storage and streaming services.

He went on to spin a bizarre fantasy about how disruptive bigness is in business. His economically illiterate farrago reminds me of the sad case made against pre-​antitrust Standard Oil, a company which, during the whole time of its growth prior to break-​up, kept on producing more fuel at ever-​decreasing prices.** Broken up because of … fears about how businesses change. And of bigness itself.

As long as consumers are being served, this reaction strikes me as paranoid. When businesses get big (and even near-​monopolistic) and then cease to serve customers, they fail. While serving customers, there is no call for fretting over businesses that move from one success to another  — which is what Rushkoff has the gall to worry about. 

The call for Amazon’s break-​up over-​sells government and necessarily under-​serves consumers.

This is Common Sense. I’m Paul Jacob.

 

* Rushkoff’s piece in Fast Company was the first I heard of such a “call.” Rushkoff is the coiner of the term “media virus” and a sort of populist pusher of market skepticism.

** For the bizarre story of the Standard Oil case, and how it made no economic sense whatsoever, see Dominick T. Armentano, Antitrust: The Case for Repeal (Ludwig von Mises Institute, 1999), p. 41 – 43, and Antitrust and Monopoly (Independent Institute, 1990), pp. 57 – 60.


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