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Comment by AnthonyMouse

3 days ago

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.