by Tony Wikrent
A rare opportunity to be heard
Antitrust Guidelines and Overthrowing a Corrupt Priesthood
Matt Stoller [BIG, via Naked Capitalism 7-23-2023]
Today’s issue is about an obscure but important document on corporate power released this week known as merger guidelines. It is in many ways the overthrow of the corrupt antitrust priesthood…. this particular issue of BIG is important. There aren’t a lot of real actions people can take to influence government, but this one is real, and will make a meaningful difference in whether we truly address corporate power….
Over the past four days, I’ve been watching the business press go crazy about an obscure document that the antitrust agencies put out, known as ‘merger guidelines.’ And like the Catholic Church of the 1500s, or really members of any authoritarian social hierarchy, the antitrust priesthood is very upset.
For instance, Larry Summers, the avatar of Democratic Party economic policymaking under both Bill Clinton and Barack Obama, is in a rage, asserting these represent a “war on business.” Biglaw firms are sending out alerts to clients, saying “investors, boards and C-suites should anticipate significant delays and expenses associated with a far broader range of proposed transactions.” And the House Republicans are even trying to defund the very ability of the government to publish this document in their government funding bills.
Why does this document create such anger? The answer is that it is an attempt to return antitrust back to the rule of law, and away from the corporate revolution of the 1980s….
Nearly every major dangerous social trend today, from wage inequality to regional collapse to social despair to the inability to efficiently shift energy sources, is a result of monopolization, and mergers are the primary mechanism through which firms monopolize. In 1890, 1913, 1950, and 1975, Congress passed various laws to deal with it. The current key law on mergers today is called the Clayton Act, and it is still on the books. Unfortunately, because of the Reagan administration, and the ideological acceptance by the Democrats of what Reagan wrought, under-enforcement has been so poor that, well, Ticketmaster….
Now, here’s where you come in. Two days ago, I asked a question to Antitrust chief Jonathan Kanter at a Federalist Society event about the role of public comments in this process, and he said that hearing from the public is incredibly important in helping the agencies understand how markets actually work. Thousands of people chimed in a year and a half ago, including doctors, writers, truck drivers, nurses, and software programmers. Now it’s time to do it again. These guidelines are in draft form, they will be finalized soon.
There are 60 days to give our feedback. The government has set up a site on Regulations.gov where you can tell them about your experience with mergers, or offer thoughts on antitrust law, mergers, big business, or unfair methods of business. It looks like this, click on the comment button in the red circle.
So that’s how you can help. Tell the government about your experience with mergers through this site. There are already over one hundred comments, and you can browse and read them.
Oligarchy — not a republic if you can’t keep it
The Causal Effects of Admission to Highly Selective Private Colleges
Tyler Cowen, via Naked Capitalism 7-25-2023]
Affirmative Action for rich kids: It’s more than just legacy admissions
[NPR, via The Big Picture 7-27-2023]
Chetty and his colleagues provide compelling evidence that fancy schools are promoting a kind of neo-aristocracy, with admission programs that help to perpetuate a family’s class privilege from one generation to the next
Climate and environmental crises
Warning of a forthcoming collapse of the Atlantic meridional overturning circulation
[Nature, via Naked Capitalism Water Cooler 7-25-2023]
“The Atlantic meridional overturning circulation (AMOC) is a major tipping element in the climate system and a future collapse would have severe impacts on the climate in the North Atlantic region. In recent years weakening in circulation has been reported, but assessments by the Intergovernmental Panel on Climate Change (IPCC), based on the Climate Model Intercomparison Project (CMIP) model simulations suggest that a full collapse is unlikely within the 21st century. Tipping to an undesired state in the climate is, however, a growing concern with increasing greenhouse gas concentrations. Predictions based on observations rely on detecting early-warning signals, primarily an increase in variance (loss of resilience) and increased autocorrelation (critical slowing down), which have recently been reported for the AMOC. Here we provide statistical significance and data-driven estimators for the time of tipping. We estimate a collapse of the AMOC to occur around mid-century under the current scenario of future emissions.”