Comment by timr
4 months ago
> We also used to enforce antitrust law.
I've been reading the Chernow biography of Rockefeller, and this simply isn't true. We've almost never enforced "anti-trust law", and it's basically never been particularly effective.
The Sherman Act was widely considered a failure (even after passage in 1890). It did little/nothing to affect the fate of Standard Oil, which actually grew for a decade after passage, to over 90% control of the market by 1904. This is despite the state of Ohio engaging in a much more successful legal attack, based on technicalities of the trust charter, having nothing to do with the federal law.
The thing that actually brought down Standard Oil was...competition. By the time the company was actually broken up in under the Sherman Act in 1911, it had declined to ~60% market share. The overall story is essentially the same as today: the law ends up being used to punish declining companies for prior bad behavior.
Laws mostly don't work by actually filing cases. They mostly work by deterring malicious activity because people don't want a case brought against them. The cases are only for the ones who fail to be deterred, which is pretty uncommon for large corporations because they can afford lawyers to tell them what not to do.
The problem comes when you erode what was meant to be a strong antitrust law through decades of narrowing interpretations and then it's not deterring them anymore.
> the law ends up being used to punish declining companies for prior bad behavior.
The solution to this one is to take the politicians out of it and allow customers to file antitrust class actions.