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Comment by whyenot

1 day ago

> The US has shown absolutely no willingness to carry out antitrust cases the past many years

Lina Khan's FTC brought cases again Microsoft, Meta, Amazon, Mastercard, and more. They also prevented mergers (consolidations) in a lot of different industries. Could they have accomplished more? Certainly, but they did certainly did display a willingness to bring antitrust cases.

It does feel like Lina Khan's FTC was much more willing to play the part in the adversarial system. Don't necessarily agree with every decision but was surprising to see how willing the FTC was to jump into things and make unpopular (to stakeholders at least) decisions

> Could they have accomplished more?

unfortunately a lot of these things are on an election cycle.

One of the main problems in the US is that the US has an extremely broad antitrust statute:

> Every contract, combination in the form of trust or otherwise, 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 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 felony, ...

It was passed in the era of robber barons and meant to be a strong hammer against anti-competitive practices. But because it was so broad, the courts kept chipping away at it over time through reinterpretation because by its terms it would prohibit a lot of things the courts didn't really want to get involved in policing, or they just made bad calls in years when the Court's majority wasn't that smart.

Meanwhile monopolists generally have a lot of money to pay expensive lawyers, so they structure their activities to fit within the loopholes the courts have carved out over the years and that makes it hard for an administration to hold them to account even when they have the will to do it.

Hyper-partisanship also makes this worse, because if everyone is convinced the other side is pure evil then they're going to try to undo anything the other party was trying to do without even considering what it is, which isn't compatible with long-term prosecutions that would have to span administrations.

The sentiment i picked up from HN is that she was more of an activist leader with a grudge against big corporations and that this clouded her judgement. The cases she bought were insubstantial and fell apart. She's a bad poster child for what the FTC should be.

  • To me, a good regulator should be losing big cases.

    If they aren't, it means they're not pushing the boundaries of their authority hard enough.

    • I don't know, but that isn't what i'm talking about. She pursued weak cases, and overstepped her authority. she should have spent more time constructing a better case, or not bringing them in the first place. As it was she accomplished less then she hoped and wasted everyones time and cost the taxpayer money.

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