Antitrust in the era of Amazon

This Note argues that the current framework in antitrust—specifically its pegging competition to “consumer welfare,” defined as short-term price effects—is unequipped to capture the architecture of market power in the modern economy. We cannot cognize the potential harms to competition posed by Amazon’s dominance if we measure competition primarily through price and output. Specifically, current doctrine underappreciates the risk of predatory pricing and how integration across distinct business lines may prove anticompetitive. These concerns are heightened in the context of online platforms for two reasons. First, the economics of platform markets create incentives for a company to pursue growth over profits, a strategy that investors have rewarded. Under these conditions, predatory pricing becomes highly rational—even as existing doctrine treats it as irrational and therefore implausible. Second, because online platforms serve as critical intermediaries, integrating across business lines positions these platforms to control the essential infrastructure on which their rivals depend. This dual role also enables a platform to exploit information collected on companies using its services to undermine them as competitors.

Continue reading

Regulations are Protections

Here is a typical example. Minority President Trump has said that he intends to get rid of 75% of government regulations. What is a “regulation”?

The term “regulation” is framed from the viewpoint of corporations and other businesses. From their viewpoint, “regulations” are limitations on their freedom to do whatever they want no matter who it harms. But from the public’s viewpoint, a regulation is a protection against harm done by unscrupulous corporations seeking to maximize profit at the cost of harm to the public. Continue reading

Liberalism and Trumpism

By “liberalism” I mean what is considered under this term in the US. By “to blame” I mean “for the rise of Trump and  similar nationalist-populists”.

What are the arguments for seeing liberal triumphalism which began with the collapse of Communism in the 1990s as having produced the backlash we are witnessing today? I think they can be divided into three parts: economics, personal integrity, and ideology.
Continue reading

Brexit: British Business and Industries

The UK has long depended on heavy flows of investment from abroad to make up for the weaknesses in its own corporate and financial institutions. In 2015 the UK ran a deficit in its external trade in goods and services of 96 billion pounds ($146 billion in 2015), or 5.2 percent of GDP, the largest percentage deficit in postwar British historyand by far the largest of any of the G-7 group of industrialized economies. By comparison, the US ran a deficit of 2.6 percent of GDP, while Germany earned a surplus of 8.3 percent, Japan a surplus of 3.6 percent, and France broke even. In the memorable words of Mark Carney, the Canadian-born Governor of the Bank of England, the UK must depend on “the kindness of strangers” to remedy its trade gap.

The reason for this unusual dependency is that for decades the UK has been unable to produce enough goods that the rest of the world wants to buy. According to WTO statistics, between 1980 and 2011 the UK’s share of global manufacturing exports was halved, from 5.41 percent to 2.59 percent, so that by 2011, according to UN statistics, the dollar value of UK merchandise exports at $511 billion was not far off the level of Belgium’s at $472 billion, an economy with one six the UK’s population, (and not included in the Belgian figures, the value of German exports routed through Belgium ports).

Looking at export industries such as IT products, automobiles, machine tools, and precision instruments, all strongly dependent on advanced R&D and employee skills at all levels, the UK’s performance looks even worse. The period of 2005-2011 is especially revealing because it includes both the years of the Great Recession and the collapse of trade between the advanced industrial economies, but also years in which their trade with China and other BRIC economies such as India and Brazil grew rapidly. Since one of the chief claims of the Brexit campaigners has been that there are now these exciting new markets in BRIC countries waiting for British exporters to conquer, it is worth looking at how British companies actually performed during those years.

Continue reading

Our complex economic, technical, political and social systems, eroded by energy-related and other biophysical constraints, are showings early signs of failure

Thought provoking.

Slow economic growth is not just an after-effect of the Great Recession but part of a deeper malaise that predates, and indeed may have helped cause, the financial crisis. A number of narratives have emerged in recent years to try to explain this global dearth of growth, such as the ‘debt overhang’ narrative, which states that growth is primarily hampered by an excessive indebtedness of economic agents, or various versions of the ‘secular stagnation’ narrative, which sees the cause of slow growth in a chronic shortfall of demand resulting from population ageing and the rise of income and wealth inequality, and/or in the diminishing returns of technological innovation. These various narratives probably all have some degree of validity. However, they tend to focus on developments that, even if they act as mutually reinforcing drags on growth, are in fact symptoms of the world’s economic predicament rather its deeper root causes.

Even more than from what most economists usually look at, i.e. constraints on capital and labour and on the productivity of their use, the slowdown of global economic growth since before the financial crisis might be resulting from factors that they typically ignore, i.e. constraints on the supply of energy and other biophysical resources that feed into the economic process and impact its functioning. In fact, the world’s capacity to create additional wealth is getting increasingly eroded by biophysical boundaries that over time tend to raise the acquisition costs, constrain the quantity and degrade the quality of the flows of energy and natural resources that can be delivered to the economic process, as well as by the constantly increasing costs of some of the economic process’ side effects (i.e. ‘negative externalities’ including environmental degradation and climate change), and the growing need to ‘internalise’ them into the price system. These biophysical constraints, as they increase, tend to weigh more and more on the economy’s productive capacity, thus eroding the potential for productivity and output growth.
Continue reading

Goodbye, American neoliberalism.

What is to be done? First we must try to tell the truth and a condition of truth is to allow suffering to speak. For 40 years, neoliberals lived in a world of denial and indifference to the suffering of poor and working people and obsessed with the spectacle of success. Second we must bear witness to justice. We must ground our truth-telling in a willingness to suffer and sacrifice as we resist domination. Third we must remember courageous exemplars like Martin Luther King Jr, who provide moral and spiritual inspiration as we build multiracial alliances to combat poverty and xenophobia, Wall Street crimes and war crimes, global warming and police abuse – and to protect precious rights and liberties. Continue reading

The problems of the handling of the Great Recession by Democrats

That’s how the party ended up with its most vulnerable members — centrist Blue Dogs in the South — hawking austerity during the worst mass unemployment crisis in 80 years. Almost all of them lost in 2010. That loss, in turn, paved the way for many of the other major problems Democrats are having. That was a census year, and huge Republican victories allowed them to control the subsequent redistricting process, in which they gerrymandered themselves a 7-point handicap in the House of Representatives and in many state legislatures.

That brings me to the foreclosure crisis, the handling of which was even worse. Instead of partially ameliorating it as with employment, the Obama administration helped it happen. As David Dayen writes in Chain of Title, the financial products underpinning the subprime mortgage boom were riddled with errors, and in order to be able to foreclose on people who had defaulted, they had to commit systematic document fraud. This epic crime spree gave the White House tremendous leverage to negotiate a settlement to keep people in their homes, but instead the administration co-opted a lawsuit from state attorneys general and turned it into a slap on the wrist that reinvigorated the foreclosure machine. There was also $75 billion in the Recovery Act to arrest foreclosures, but the administration’s effort at this, HAMP, was such a complete disaster that they only spent about 16 percent of the money and enabled thousands of foreclosures in the process.
Continue reading