Republicans Mike Lee and Chuck Grassley just introduced a bill to dramatically weaken antitrust law. His bill *gets rid* of FTC antitrust authority. He would also codify the failed consumer welfare standard that ends up consolidating power.
Lee and Grassley's bill would gut private antitrust enforcement by repealing Hanover Shoe, a decision that made it harder for monopolists to escape liability for overcharging customers. c-span.org/video/?512534-…
Lee is putting forward his antitrust legislation under the guise that it will strengthen antitrust law, though its actual effect will be to empower monopolists. I think we can assume that all legislative efforts going forward will be framed that way.
All that said, I think it's great that @MikeLeeforUtah is engaged and smart on antitrust, and pushing very hard to retain the status quo Bork frame. We need that perspective in the debate, even if it's what brought us to our current monopoly crisis.
Lee's antitrust bill strips the Federal Communications Commission and state commissions from reviewing media mergers. And this is supposed to represent stronger antitrust law?
Lee's bill gives the White House's OIRA a competition mandate when analyzing regulations. Not a fan of centralizing power, but it's an interesting idea. (@tryptique)
Lee wants studies on:
- common ownership
- tech mergers over the last 15 years
- self-preferencing by tech firms

- Also seeks monopsony guidelines for mergers, aka labor buying power.
Lee's bill has significant occupational licensing reform at the state level, basically deregulatory stuff.
This is useful.
Lee sort of overturns part of AMEX by allowing direct evidence to be sufficient for an antitrust win.
Interesting update on price discrimination. Not totally sure what Lee is going for here, but discrimination is a core problem in antitrust.

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More from @matthewstoller

15 Jun
Google's Wilson White just told @amyklobuchar that Google supports interoperability for big tech firms, "it's our North Star." judiciary.senate.gov/meetings/prote…
Amazon's Ryan McCrate says Amazon supports interoperability. "We will always work backwards from what works for our customers, and that includes interoperability."
Sonos's Eddie Lazarus says interoperability as it is currently implemented is "just an on-ramp to the Amazon system."
Read 8 tweets
14 Jun
While the Atlantic/MSNBC/CNN niche is real, there's also a deep hunger for the kind of cross-partisan anti-corporate civil discourse of @esaagar and @krystalball. They actually explain power.
The hunger for cross-partisan explanatory journalism goes far beyond Breaking Points, of course. Louis Rossmann and @MKBHD, who seem apolitical but are actually getting into really deep politics, are doing well because there is such a popular hunger.
This video from @MKBHD is probably one of the most extraordinary explanations of Apple's use of market power put out in the last five years and it has millions of views. People want to know why the world is the way it is!
Read 5 tweets
8 Jun
The Clarence Thomas fallout continues. The Republican Ohio Attorney General just filed a fascinating complaint against Google. The AG is asking Google to be declared a common carrier and for the search results to be required to be done in a neutral manner. ohioattorneygeneral.gov/Files/Briefing…
I wrote up Thomas's important statement a few months ago. The right is rapidly changing on big tech, substantively. Not everyone is rejecting libertarianism. But it's happening. mattstoller.substack.com/p/why-is-clare…
Meanwhile, Republican Senator @SenatorHagerty has a bill to regulate big tech as common carriers, pegged to reform of Section 230.
assets.documentcloud.org/documents/2069…
Read 5 tweets
1 Jun
So @samhaselby and I wrote a piece in the Chronicle of Higher Education on the toxic influence of the Ivy League. chronicle.com/article/how-me…
The Ivy League really is a cartel, and not just in a metaphorical sense. The Justice Department investigated them for price-fixing in financial aid over the course of FOUR DECADES. nytimes.com/1991/05/23/us/…
23 Northeastern universities held an annual meeting in which they “discussed the financial-aid applications of 10,000 students who had been accepted to more than one institution in the group." The attorney general called them a “collegiate cartel.”
Read 5 tweets
29 May
Liberals are finally noticing Stephen Breyer has bad judgment. Of course, those of us who watched him ruin antitrust law knew that all along. Same with RBG.

Antitrust hackery is a tell.
Do you dislike high pharma prices? Thank Breyer’s mess of an opinion in Actavis.

Dislike big tech monopolization? Thank Breyer (and RBG) signing onto Trinko and Linkline.
Stephen Breyer isn’t a bad justice because he won’t retire. He’s a bad justice because of his legacy of promoting monopolists and corporate power.

Howard Metzenbaum nearly voted no on his confirmation.
Read 5 tweets
27 May
Bill Gates is a greedy guy who lies a lot, which has been clear for decades. It is nice that his ex-wife's PR firm is trashing his reputation, but, you know, why the two decade halo from the press? In 2019 I pointed out he lies about antitrust to this day. wnycstudios.org/podcasts/otm/s…
It's been an open secret that Bill Gates lies about big things, aka the source of all his wealth and power. And by 'open secret' I mean he goes around saying he was found not guilty of antitrust violations and he was actually found guilty. He should be in jail for monopolization.
“A partnership with Microsoft is like a Nazi non- aggression pact. It just means you’re next.” —Anonymous partner of Bill Gates

That's who this guy is.
Read 4 tweets

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