It is crystal clear from the plain text (textualism) and the original public understanding (originalism) of our century-old antitrust laws that trillion-dollar #BigTech monopolists (@Google, @amazon, @Facebook, @Apple) are violating the law.
axios.com/conservative-c…
axios.com/conservative-c…
But starting about 40 years ago, conservative academics and judges essentially rewrote—and neutered—our federal antitrust laws by grafting on the “consumer-welfare standard.”
This judicial activism makes it difficult to bring antitrust lawsuits, especially against #BigTech.
This judicial activism makes it difficult to bring antitrust lawsuits, especially against #BigTech.
The “consumer-welfare standard” largely forces judges to focus narrowly on how the alleged anticompetitive conduct affects the price to consumers.
The problem is that #BigTech largely offers “free” services, like @Google’s gmail, internet search, and maps.
The problem is that #BigTech largely offers “free” services, like @Google’s gmail, internet search, and maps.
But @Google didn’t become a trillion-dollar monopolist by handing out freebies.
Instead of selling us a product, Google sells us to advertisers.
We’re the product.
Google collects as much data on us that they can, even data Google claims they don’t collect.
Instead of selling us a product, Google sells us to advertisers.
We’re the product.
Google collects as much data on us that they can, even data Google claims they don’t collect.
#BigTech amassed enormous power through this #AntitrustAmnesty, caused both by lax enforcement during the @BarackObama administration & the “consumer-welfare standard.”
As we saw in 2020, #BigTech uses this power to crush competition, silence dissent & even cancel conservatives.
As we saw in 2020, #BigTech uses this power to crush competition, silence dissent & even cancel conservatives.
Indeed, in 2020, #BigTech:
- Censored scientists who questioned Covid orders—and who ended up being correct.
- Censored the @nypost, one of America’s oldest newspapers, for reporting unfavorable information on Hunter Biden.
- Canceled a sitting President of the United States.
- Censored scientists who questioned Covid orders—and who ended up being correct.
- Censored the @nypost, one of America’s oldest newspapers, for reporting unfavorable information on Hunter Biden.
- Canceled a sitting President of the United States.
“If you don’t like @Twitter, build your own,” #BigTech defenders say.
So @parler_app did this.
What happened?
@Google & @Apple kicked Parler out of the App Store duopoly.
@amazon kicked Parler off the internet.
Clear antitrust violation—but for the consumer-welfare standard.
So @parler_app did this.
What happened?
@Google & @Apple kicked Parler out of the App Store duopoly.
@amazon kicked Parler off the internet.
Clear antitrust violation—but for the consumer-welfare standard.
As conservatives, we must not support politicians who push #AntitrustAmnesty (“we can’t enforce law under Biden”).
Judges must stop following the (conservative) judicial activism of the “consumer-welfare standard.”
We must support legislative reforms championed by @RepKenBuck.
Judges must stop following the (conservative) judicial activism of the “consumer-welfare standard.”
We must support legislative reforms championed by @RepKenBuck.
Free markets require functioning markets.
When monopolists use their power to harm competition, we no longer have a free market.
Antitrust is law enforcement; not regulation.
It targets the anticompetitive tumors on the free market, so we don’t need industry-wide regulations.
When monopolists use their power to harm competition, we no longer have a free market.
Antitrust is law enforcement; not regulation.
It targets the anticompetitive tumors on the free market, so we don’t need industry-wide regulations.
For a deeper dive into these issues, please read my @SubstackInc post:
mikedavis.substack.com/p/why-republic…
mikedavis.substack.com/p/why-republic…
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