Sherman Anti-Trust Act (1890)
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The reality is that the law itself was not very well written, and takes an extremely litigious executive branch to do anything with.
Even if you agreed with the premise (the idea that Standard Oil arose purely through conspiracy is clearly wrong), it's ultimately a very ticky tacky set of definitions and has failed to achieve anything meaningfully as policy (do we actually feel strongly that breaking Microsoft's productivity suite from their OS division was really worth all the effort?)
(The notable exceptions being actual illegal coordination - like was recently uncovered in the egg industry. But these have more to do with price fixing amongst competitors and less with actual Trusts/Monopolies)
The only practical way that countries have tackled monopolies has been to write legislation that specifically puts oversight on that industry.
E.g., while the 25th amendment prohibits someone from being elected president more than twice, it does not prohibit succession into presidency, such as by becoming the Speaker of the House (which position does not require one being a US Representative in the House) and President and Vice President resigning. That may seem unlikely or an outlier but on a site like hackers news, I would assume that we would relish the outliers that have bedeviled our software career
I wholly disagree that it failed to achieve anything meaningfully as policy, though. Under Sherman AT&T was split, which, before the baby bells all merged back together to create the present oligopoly, provided a much more competitive landscape for the telecom industry. And who knows what we would have seen if the original Microsoft decision was held up calling for a break up, instead of the neutered decision we saw come out of their appeal.
If you just grow to being #1 without acquiring your big competitors, that's generally OK in the US. It's competition, not collusion. Google never acquired Yahoo or Bing. Facebook never acquired Myspace or Twitter. So there was no key merger to block.
European Union antitrust policy is based more on the goal of having several major competitors, so there's price competition. An EU study indicates that, below four competitors, the leaders tend to implicitly collude. But in industries with strong network effects, it's hard to have many big competitors.
A modern summary from a law firm: [2]
[1] https://en.wikipedia.org/wiki/United_States_antitrust_law
[2] https://www.arnoldporter.com/en/perspectives/publications/20...
They did acquire Instagram & Whatsapp, which their internal communications show was to block competition of a credible threat despite clever legal maneuvering to have the FTC antitrust case dismissed.
There's an alternate reality where Facebook fell off, and Instagram never monetized and died like the dozen other competitors it had.
If it was as easy as "industry consolidation is bad" we could write simple legislation to make it illegal for a company to buy another company - but there are too many counter-examples where the alternatives to acquisition is worse.
You make its sound like that sort of thing happening is a problem. In practice the only way they both fall off if is something else replaces them. If the something else is the size of Meta, that's the status quo. We're no worse off than what we got. Whereas if it was five other companies or a federated system etc. then we'd have more competition.
Meanwhile the more likely scenario is that Facebook would still have >100M users even if it had less than it does now, and Instagram would have figured out that "put ads on it" is a profitable business model and survived independently as well.
Acquiring a competitor is acting competitively if the natural market number of sellers is N and there are currently N+1 sellers. Someone is going bust and it is better for the assets and whatnot to be reorganised quickly rather than waiting for bankruptcy to force everyone's hand and cause a disorderly change.
A fun lens to look at Animat's comment upthread is that if the EU was trying to force more sellers than a software market can handle, then we'd expect them all to be weak and the EU might be unable to compete in software because they'd be too small.
That's not how it works in practice.
In a market with low fixed costs, you can have an arbitrarily large number of sellers. Some markets have millions of sellers, billions if you count the labor market.
In a market dominated by fixed costs, larger sellers have an advantage, but even that doesn't imply that there is a specific "appropriate" number. If all of the sellers are the same size then none of them has a scale advantage over the others regardless of how many there are.
So we have to distinguish between two different things.
The first is, how many sellers can the market support? In other words, suppose it costs a billion dollars to enter the market, the maximum value customers place on the product would allow for a gross margin of $100, and there are a billion customers. Then the maximum viable number of competitors is 100 because otherwise they can't each get enough customers to recover their costs and go out of business. Whereas if there are 100M customers then it's only 10, and if there are 5M customers then it's 0 and nobody produces that product.
But this being a low single digit positive integer is very rare, because to get there you have to thread the needle exactly and find something that can only support 2 rather than 20 or 5000 or a billion, but also not get so tight that it's 0.9, because anything less than 1 is really 0.
Which brings us to the second thing. You're in the market that can support e.g. 100 suppliers. To support 100 suppliers they each need a gross margin of $100, and customers value the product in that amount when it's not available for less. But now suppose some of the sellers are willing to accept $10 margins. At the lower price the market would only support 10 sellers; they each need 10 times as many customers. At a margin of $1 it would only support one seller. But this is every market where the fixed costs aren't fully zero. And, of course, the fewer sellers there are the less inclined they are to accept the thinnest of margins, or the more likely they are to be operating a large inefficient bureaucracy that eats up the economies of scale through red tape etc.
Notice also that the "maximum" number isn't necessarily the optimal number -- the market could support 100, but you might be better off with 15, because then the margins can be $15 instead of $100, which might be worth it on a $1000 product, whereas trying to save the remaining 1.4% by going all the way to a monopoly is not likely to go in your favor.
Which brings us to the thing that most commonly happens in practice. The market can support 100 sellers but one or two of them have more capital, so they lower their prices temporarily until the others go out of business, then raise them back up again as long as no one new enters the market. Which doesn't work when the barriers to entry are low because then people constantly enter the market anyway, but does work when the barriers to entry are high. Which is why we need to keep them low or, where that isn't possible, need antitrust.
If we are looking solely at antitrust, there are a lot of companies- and a lot of tech companies- that are far worse than Meta.
Where this breaks down & this is something that the FTC needs to learn from the past (poor in retrospect) approvals and redress in the future is who the acquiring company is and how quickly they could bring something to scale which would stifle future competition.
When facebook acquired Instagram, it has ~900M MAUs and Instagram had ~30M MAUs (3-5M in just the last month or two before acquisition, accelerating very quickly). By facebook's own account their MAUs and growth rate was considered a threat, so they acquired them to remove the threat. Fast forward 14 years, Instagram has 3b MAUs and displacing them is going to be __very hard__.
If you were to apply that same retrospecitive lens to Google, they've been able to acquire Google Analytics, YouTube, DoubleClick, Android, Google Maps and others to take them to hyper scale, completely dominate a particular product space because of their existing massive user base.
Not an easy job for the FTC to get right, but (in my opinion), it is clear that the FTC have been acting on an incomplete understanding of how hyper scale companies operate, how they can influence a market with their user base etc.
There is an easy circumstance when an acquisition is never "competitive" -- when the takeover target is a healthy business and the acquiring company is a major incumbent in the same market.
Conversely, something like Google buying Android isn't a merger problem. Google's market share in mobile phone operating systems at the time was essentially zero. They were buying it to get to market a little faster and it's very likely that if they'd built a new one instead of buying it, Android would have died and their thing would have ended up where Android is.
Because it wasn't Android's technology that won. Take the median OS and then make it free by funding its development with Google's search engine revenue and also give it free advertising from the largest advertising company. The OS isn't the reason that became one of the two major mobile platforms.
But the problem there not being the merger doesn't mean there's not a problem. It'd be the same problem if they'd developed it internally, because the issue is that it's "free" but it isn't. Anyone can "run Android" on their competing device but they can't then run their bank app because that requires attestation which requires Google. It's an antitrust problem that isn't a merger. Those are a thing too.
The antitrust attention distracted Microsoft so badly in the early 2000s that it completely gimped their ability to leverage Internet Explorer’s dominance, thus opening the door for new browsers like Firefox (née Firebird) and Chrome.
So yes, it was actually critical in creating the conditions for an open Web 2.0.
It wasn’t just the US antitrust of the late 1990s, but the EU also had their own legal challenge that targeted IE specifically. This doesn’t get enough credit IMO — the combination was powerful enough to break Microsoft’s hold on the market. Of course SV libertarian types would prefer to write it out of history and say the market sorted this one out on its own.
(Kids these days don’t remember when Mac OS X shipped with Internet Explorer as the only browser…)
I'm reminded of what that notorious old socialist Adam Smith said about this:
“People of the same trade seldom meet together, even for merriment and diversion, but the conversation ends in a conspiracy against the public, or in some contrivance to raise prices.”
iPhones dominate the cellphone market? You now have to figure out a way to split the manufacturing and selling of iPhones across multiple different entities. Consumers end up with a handful of worse products that all cost more.
When AT&T was split up, it was just turned into a bunch of smaller regional monopolies that were in a lot of ways worse. It also forced the closure of Bell Labs - one of the most important R&D powerhouses in the US. (Most of these regional monopolies would end up merging back into bigger monopolies over time anyway)
One thing I wish being a public company entailed was having a set of internal shares that are distributed only to the people working there, that allowed them to vote on board members / top leadership positions. For example, Amazon currently abuses its delivery staff, but I suspect this is a policy that is not endorsed by the majority of Amazon employees. In a democratic public company, there would be a feedback loop that enables the employees to have a voice.
I see this as a way of having built in regulation, where the government doesn't need to pass laws that are continuously becoming outdated but instead giving the people on the ground the ability to fight for their rights.
I don't see it as useful for small companies, but I agree that a large enough company should be forced to be public + democratic. Going from the rule of the rich to the rule of the people that work there.
The neoliberals in government launched a nationwide campaign to educate judges that redefined antitrust from being about power (anything too big is bad) to be about demonstrable consumer harm (much harder to prove).
https://en.wikipedia.org/wiki/United_States_antitrust_law#Ri...
It sounds great in theory, but how do you deal with new hires? If you don't give them a vote, then it's slavery. If you do give them a vote, then how do you decide who to hire? If it's up to HR, how frequently do you vote for HR? Do new hires get to vote for HR?
I think for large enough businesses this would incentivize them give the team the person is hiring into much more oversight into the process. I don't think HR is useless, far from it, but incentivizing them to point their efforts to benefit the teams they are hiring for is a plus in my book.
As for the question of new hires getting to vote I think they should be able to vote (past standard probationary period of no more than say 1 month, idk). The company hired them, they should trust their employees with the responsibility of voting. If one person is able to upend a company then they should take some time to reflect on their processes.
Also, in kind of an uno-reverso, Germany kind of did something simlar being described here, but in a much different fashion with Volkswagon: https://en.wikipedia.org/wiki/Volkswagen_Act which notably traded short term shareholder pressure for long term stability. It's had the unfortunate reality (hindsight of course) of being the very thing that may be leading to Volkswagons current severe economic crisis.
To address your point I agree that it is complicated, democracy in general is complicated, but I think its worth it to try.
I also think that the amount of defenses a company needs to have ready to repel a takeover in my opinion strengthens the case for internal shares: if you want to take over, do it from within, convince the people on the ground, instead of rapaciously as an outside force.
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> Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
> Sec. 1. Every contract, combination in the form of trust or other- wise, or conspiracy, in restraint of trade or commerce among the several States, or with foreign nations, is hereby declared to be illegal. Every person who shall make any such contract or engage in any such combination or conspiracy, shall be deemed guilty of a misdemeanor, and, on conviction thereof, shall be punished by fine not exceeding five thousand dollars, or by imprisonment not exceeding one year, or by both said punishments, at the discretion of the court.
> Sec. 2. Every person who shall monopolize, or attempt to monopolize, or combine or conspire with any other person or persons, to monopolize any part of the trade or commerce among the several States, or with foreign nations, shall be deemed guilty of a misdemeanor, and, on conviction thereof; shall be punished by fine not exceeding five thousand dollars, or by imprisonment not exceeding one year, or by both said punishments, in the discretion of the court.
Something tells me that's not gonna do much to dissuade the AI cartels...
Wow, I believe violating Section 1201 of the DMCA carries a stiffer penalty these days.
Our laws in a nutshell
Anthropic is engaging in some product engineering to level set their offerings against each other.
I'm not sure I am understanding the connection you are trying to make.
Uhhhh... that seems like quite a logical leap. "The only reason Apple doesn't release a faster phone is so other companies can't copy it."
Antitrust generally does not compel companies to make product lineup decisions, especially if the industry itself is acting quite competitively.
There is no legitimate purpose to restrict the ability to optimize accelerator kernels except to inhibit competition in this space-- it is the most benign and harmless act imaginable. There is at least some debate to be had about things like computer-security capabilities, but nothing is being damaged by AI inference being made 10% faster except the ability of market leaders to extract rents.
2. Anthropic doesn't have much market power. The competition is intense.
3. Anthropic doesn't have a legal requirement to provide it's strongest internal model to competitors.