@lawtwitter University Prof Penn Law and the Wharton School, occasionally comments on antitrust issues and follows legal history, public law, and econ policy

Philadelphia Pa
Joined November 2015
Whether or not that is true, courts since the 1890s have made price and output decisive.
Replying to @Sherman1890
And I don't like sole focus on output because output by itself may or may not improve welfare. Same with lower prices.
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that's why I don't like the word "welfare" associated with antitrust policy, because it does go beyond price/output/innovation; but antitrust does not control the entire policy world.
Also, there are many who are arguing that welfare goes beyond price and output, but aren't saying those are absolute horrible terrible no good things.
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I mean, they agree on the goals but disagree about how to get there. E.g., the Chicago School had greater faith than Harvard in markets and less faith in intervention, but the goals of high output/low prices/unrestrained innovation were the same as both Harvard and post-Chicago.
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We probably over-estimate the number of outliers (call it the "Biden effect"?) A broad spectrum of people from right to center left believe in an antitrust standard of promoting low prices/high output/unrestrained innovation. The dissenters are likely no more than a tiny %.
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Mozilla has a point. For a firm like Apple this is just some additional revenue, but it's basic survival for Mozilla. Contracts limited to one year hinder its ability to do long range planning.
Oh lordy now Mozilla has filed amicus brief in Google Search remedy. I can practically hear the judge grinding his teeth.
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Hardly uncovered -- Ida Tarbell's History of the Standard Oil Co. was published in 1904. Well worth reading and out of copyright.
"The Antitrust Violations Under Our Noses" @AntitrustInst panel. Heidi Silton: Standard Oil conduct went on for 40 years, De Beers Diamond cartel lasted 100 years. Both uncovered by journalists
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I just took a brief look at Marshall's 1890 edition of Principles; he appears to see value as nothing more than the equilibrium point of supply and demand. I'm sure there's a big literature on this.
Replying to @Sherman1890
Very possible. But I think in retrospect it's fair to criticize that way of thinking.
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yes, no connection I can see. Whatever one thinks of the merits LiveNation/Ticketmaster was put together by a merger and if a court finds a causal relationship between it and pricing, a breakup would be the ordinarily expected remedy. GSearch was an internally developed product.
Live Nation CFO Joe Berchtold, facing a jury trial to break up Ticketmaster, told investors this week that a separate court's failure to break up Google means Live Nation "can't" be broken up. Obviously wrong on the law and facts. Bald posturing to investors.
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yes, and unambiguously and forcefully identifies populism with a concern about high prices.
Economic populism is now moderate centrism. We won the argument. Don’t believe me — believe the next governor of New Jersey 👇
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Yes the road to fascism is lined with low price shoes. I don’t take money from anyone
The evil was the road to fascism that motivated Congress to pass Celler-Kefauver. You spent your career working against that wisdom, and now the Republic is in jeopardy. That is your legacy. But you did it for the money so I doubt it keeps you up at night.
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it was the neo-B achilles heel from the start: assuming that underselling someone else is a bad thing. But even the Biden DOJ got religion later e.g., the 2024 Apple complaint it IDed the evil, not as large size, but as higher prices, lower output, limited innovation.
Note that Brown Shoe, in stating its view of what Congress wanted (small biz success more important than consumer affordability), pre-dates the Consumer Goods Pricing Act of 1975, which Congress explicitly said was “to provide lower prices to consumers.” 1/
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better re-read Brown Shoe, where the 'evil' for which the merger was condemned was "lower prices or better quality for the same price"
High prices are caused by big firms and the people who voted for change know that. It’s only in your corrupt circles that you convince yourselves otherwise.
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Max is upset. He wanted this election to be about big firms, but everyone was concerned instead about high prices
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No there was a real disjunction between the pro-consumer protection policy and the antitrust policy. I have never really understood it but it reverted to a more pro-consumer position in years 3 and 4
Replying to @Sherman1890
got it! thanks for clarifying -- but you can understand how one would have interpreted your tweet the way i did, though...
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The vote was not a referendum on big corporations. It was about high prices
Yeah. Even with Zohran hiring Lina Khan I don’t think Dems are as keen on government power over corporations due to Trump.
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Wasn’t talking about LK. her consumer Protection policy was very pro-consumer, and she will be rightly remembered for it.
Herb… read the news
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that's certainly true. Whether they are able to obtain enough support to actually affect policy is a different issue. We've had plenty of them before but they were always outliers.
Replying to @Sherman1890
Optimistic. We thought it was dead before, but it came back. People will always be ready to revive defunct doctrines, and dress them in new clothes, to achieve their pet policy ends.
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One observation about the election: Biden-era anti-consumer antitrust is dead, including the Brown Shoe-driven idea that we should be condemning things because they lead to lower prices.
I completely agree; thay are not at all neoliberal; they are mixed economy people who believe in a healthy dose of capitalism, with fewer restrictions on entry and development.
Replying to @Sherman1890
Even the people I hear called neoliberal, like @ezraklein & @DKThomp, are very critical of markets’ failure absent govt intervention to provide many things. If their “Abundance” book is what now counts as neoliberalism, Milton Friedman is turning over in his grave.
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