Comment by rtpg

6 days ago

consumer benefit is not the end all of antitrust.

This is from the DOJ's page on the Clayton Act, where they give two statements of purpose for the antitrust law.

>This law aims to promote fair competition and prevent unfair business practices that could harm consumers. It prohibits certain actions that might restrict competition, like tying agreements, predatory pricing, and mergers that could lessen competition.

>The Antitrust Division enforces federal antitrust and competition laws. These laws prohibit anticompetitive conduct and mergers that deprive American consumers, taxpayers, and workers of the benefits of competition.

Both are aimed squarely at consumer benefit. Restrictions on anticompetitive behaviour and mergers *where those things impact consumer benefit.*.

Mergers and actions against competitors are obviously allowed in the normal course of business.

Lots of people have other ideas about what kind of antitrust law they'd like to see, but such a law has not passed the US Congress.

https://www.justice.gov/atr/antitrust-laws-and-you#:~:text=T....

  • > prevent unfair business practices that could harm consumers. It prohibits certain actions that might restrict competition, like tying agreements

    So, it's plainly written - ations don't have to actually harm consumers, the fact they could do so is enough - and the key criteria is that they might restrict competition.

  • The second one points to taxpayers and workers as well. This is especially important when it comes to antitrust action regarding workers rights. Actions which could lead to worse consumer experiences (at least if you consider price to be the end all)

    “Taxpayers” is an extremely broad category as well, though you need an appetite for it to argue through that clause.

    Though I think you can easily make a consumer argument for Chrome being unbundled (competition for Chromes default search engine pick)

    • ...and competition is going so well in the browser market. The dedicated browser businesses (mozilla, opera, etc) are all tiny and/or struggling mightily. All of the biggest browsers are side-projects of larger tech firms.

      Monetizing browsers requires either subscriptions or (further) enshittification of the web experience. Forcing /market/ competition into the space will not be great for consumers, IMO.

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  • > Restrictions on anticompetitive behaviour and mergers where those things impact consumer benefit..

    You paraphrased incorrectly. The correct paraphrasing would be, “Restrictions on anticompetitive behaviour and mergers where those things deprive consumers of the benefits of competition.”

    Competition is the heart, NOT consumer benefit.

What would you say is the end all of antitrust if not consumer benefit?

  • About seven different things. The whole oversimplification that it has to be one single thing has been a drift in policy (over a few decades) in combination with trying to rewrite history books. The fact that you are even asking the question that way shows how successful that rewriting was.