1. Ok, so last week Joe Biden made a speech that is potentially as significant as Reagan's comment that "Government is not the solution to our problem, government is the problem." He said the era of corporate power is over.
mattstoller.substack.com/p/biden-launch…
2. "We are now forty years into the experiment of letting giant corporations accumulate more and more power." With an explicit attack on Robert Bork, Biden pronounced this experiment "a failure." whitehouse.gov/briefing-room/…
3. It's weird for Biden, a 78-year old political lifer from the 'corporate state of Delaware' - as he put it - would break with how the Democrats have been for decades. But Democrats aren't blind, they recognized Trump was a symptom of an angry public. theatlantic.com/politics/archi…
4. The speech was about an executive order mandating broad and sweeping controls on big business. White House Chief of Staff @RonaldKlain approvingly tweeted out these headlines. They know what they are doing.
5. Standing behind Biden as he signed the order was @linakhanFTC, the new aggressive chair of the Federal Trade Commission. And almost immediately afterwards, news broke on the FTC launching an investigation into Amazon's purchase of MGM. theinformation.com/articles/ftc-o…
6. The order does a lot. It decrees U.S. policy that consolidation in pharma, ag, tech is a problem. It recommits the Federal government to addressing consolidation and sets up a council to focus on fair competition. And it has 72 specific action items. whitehouse.gov/briefing-room/…
7. Biden is mandating that the FDA write rules allowing hearing aids - which cost thousands of dollars for no reason - be sold over the counter. That will cut costs dramatically. mattstoller.substack.com/p/biden-vs-the…
8. This the main hearing aid cartel member, Swiss firm Sonova. The stock cratered yesterday after Biden's order breaking the hearing aid cartel. Not coincidentally, Sonova set up a D.C. lobbying shop earlier this year. mattstoller.substack.com/p/biden-launch…
9. The executive order has mandates across a host of concentrated industry. It orders the Surface Transportation Board to crack down on railroad monopolies. Their stocks weren't happy when this news came out.
10. The order goes across many sectors of the economy. Biden has asked the Federal Trade Commission to curtail non-compete agreements forced on workers. 30-60 million workers have signed those. It's not a partisan thing. Marco Rubio opposes noncompetes! rubio.senate.gov/public/index.c…
11. The list of items is too long to mention. There are right-to-repair rules for electronics, farm equipment, and military systems. Hospital price transparency. Beer/liquor consolidation, seed, and supermarket studies. Crackdowns on pharma. Etc.
13. Is Biden serious? Dems liked the order. Elizabeth Warren and Amy Klobuchar were supportive.

But so did right-leaning farm groups such as the Farm Bureau and the U.S. Cattlemen’s Association! farmprogress.com/farm-policy/pr…
14. Big business was not. The U.S. Chamber called it a 'government knows best approach.' Hospital barons said this will harm care and railroad execs said it'll destroy railroads. Antitrust defense lawyers were so mad. Libertarians said 'Biden doesn't understand economics!'
15. The most interesting pushback was from Netchoice, a group backed by Google/FB/Amazon, as well as Chinese tech firms. Netchoice focused not on the order, but on praising Jim Jordan and Mike Lee for standing up to populist Republicans on antitrust. Chinese tech firms?!?
16. The big question, though, is whether Biden can actually pull all this off. And there are real questions as to whether he can. First, he hasn't staffed the administration. There's still no head of the antitrust division! mattstoller.substack.com/p/biden-launch…
17. Plus, the deep state is real. Congress passed a law saying the FDA should issue hearing aid orders by 2020. They didn't. Because the bureaucrats there didn't want to. That's true across the board. Our government staff by and large doesn't want to deal with competition.
18. Staff across government are going to look askance at random priority from above on competition, written by political people who probably won’t be there for long. That’s a challenge, prioritization and management of a big lethargic organization called the Federal government
19. Finally, there's the politics. Huge distrust of government, and Democrats. The TV media in general doesn't like to talk about political economy, and most politicians don't know how to even talk about this stuff as political. Dem primary voters don't even notice business.
20. Still, this stuff - consumer protection, promoting small business, raising wages, reining in big business with fair competition - polls well. It's hard to know if it'll generate votes. Reporters are wondering if this order will impact the midterms. nytimes.com/2021/07/10/us/…
21. Hard to know. Still, Biden just said it is U.S. policy to break from forty years of pro-corporate policymaking. I don’t know if he can do it, and if it will translate into a new kind of politics. But standing behind him, smiling, was Lina Khan. mattstoller.substack.com/p/biden-launch…
22. Final note. The open question here is follow through. Most good faith critics of this order basically think it’s window dressing and nothing will change. And based on history that’s a reasonable view. Biden will have to prove them wrong.

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More from @matthewstoller

7 Jul
“The American public needs this agency solving problems, not speaking on panels."

Hahahahaha
“The moratorium on public speaking has thrown a wrench into several upcoming conferences that often feature FTC staff, such as next week’s American Bar Association’s annual consumer protection conference, which takes place every two years.”

Big thumbs up
The FTC in the last 20 years loved putting on roundtables, forums, panels, whatever.

Anything but ENFORCING THE LAW.
Read 5 tweets
1 Jul
The Federal Trade Commission is now holding forth on a rule to stop fraudulent Made in USA labeling.
Chopra says there has been a longstanding bipartisan consensus not to enforce against fraudulent Made in USA labeling, choosing a "highly permissive Made in USA fraud policy." Commissioners routinely voted to allow wrongdoers to escape penalties.
Republican commissioners were actually out of step with Donald Trump on Made in USA fraud. Curious to hear what GOP commissioners @CSWilsonFTC and @FTCPhillips say here. nytimes.com/2019/04/17/us/…
Read 26 tweets
28 Jun
So @MikeLeeforUtah still think antitrust law works well enough?
Judge James Boasberg - an Obama appointee - dismisses the case on market definition quibbling. Boasberg says there are no clear lines on what even constitutes social networking.

storage.courtlistener.com/recap/gov.usco…
Basically the judge concedes Mark Zuckerberg said 'let's do crimes' but because judges now read antitrust law to require super weird expensive fights over market definitions, the case was dismissed. It can be refiled.
Read 7 tweets
26 Jun
These quotes from Larry Summers are practically word for word Chicago School talking points. Summers is not a scholar, he doesn’t have ideas, he’s merely a lobbyist for capital. bloomberg.com/news/videos/20…
The key political question is whether the point of antitrust is to take on market power or foster it under the guise of efficiency. Summers merely repeats all the old shibboleths, ‘protect competition not competitors,’ ‘1960’s horror show,’ etc.
If you think we have a monopoly problem in America then you have common sense. If you think things are fine then you are Larry Summers. bloomberg.com/news/videos/20…
Read 4 tweets
25 Jun
This is just wrong and a naive read of the Chinese government. The PRC will not respond to anything but force and sustained embarrassment.

Until scientists stop acting like weenies and say 'the virus probably came from the Wuhan Lab and China is covering it up' we get nothing.
The utterly reckless and naive approach to the Chinese government continues to astonish. Their leaders are self-described Leninists who do not believe in scientific truth. To them truth is about raw power, and nothing more.
And by 'force' I don't mean war, I mean using economic and political leverage to protect ourselves from PRC coercion.
Read 5 tweets
24 Jun
Judiciary markup of big tech antitrust bills reconvenes, members are officially tired already.
Jim Jordan says the conflict of interest break-up bill HR 3825 has too much vagueness and will allow an "army of woke civil servants" to carve up big tech.
And now @RepJayapal is giving a good history of how break-ups help foster innovation.
Read 28 tweets

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