"robert bork"

The case for breaking up Disney

Disney has always been a problematic company, from its crypto-minstrelsy (and not-so-crypto-minstrelsy) to its perpetual copyright extensions to its censorship activities to its gender stereotyping to its anti-union work and so on, but, as anti-monopoly activist Matt Stoller (previously) writes, under CEO Bob Iger the company has changed into an entirely different kind of corporate menace: a monopolist committed to crushing competition, rather than an entertainment company that -- whatever its other sins -- was ferociously committed to making movies, TV shows, theme parks, art and toys. Read the rest

Yahoo Groups is being prepared for shutdown, with all stored archives to be deleted on Dec 14

The latest fuck-you from Oath -- the Verizon division created to manage the zombie assets of AOL and Yahoo, bought at a ridiculous premium and then written down by more than 99% -- is the impending drawdown of Yahoo Groups, with mass deletions of all stored "Files, Polls, Links, Photos, Folders, Calendar, Database, Attachments, Conversations, Email Updates, Message Digest, Message History" as of Dec 14. Read the rest

10 bipartisan Attorneys General launch antitrust investigation against Facebook

Attorneys General from Colorado, Florida, Iowa, Nebraska, North Carolina, Ohio, Tennessee, and the District of Columbia, led by New York Attorney General Letitia James, have initiated an antitrust investigation into Facebook, seeking to determine whether the company "endangered consumer data, reduced the quality of consumers’ choices, or increased the price of advertising." Read the rest

Robert Bork is the architect of the inequality crisis

If you know the name Robert Bork, it's probably in the context of his failure to secure Senate confirmation when Ronald Regan put him up for the Supreme Court (his sins from his days in the Nixon administration caught up to him). Read the rest

Share prices slide as DOJ announces sweeping antitrust investigations of Big Tech

Without naming any companies, the DOJ has announced that it will investigate Big Tech platforms that dominate "search, social media and retail services." Read the rest

Podcast: Steering with the Windshield Wipers

In my latest podcast (MP3), I read my May Locus column: Steering with the Windshield Wipers. It makes the argument that much of the dysfunction of tech regulation -- from botched anti-sex-trafficking laws to the EU's plan to impose mass surveillance and censorship to root out copyright infringement -- are the result of trying to jury-rig tools to fix the problems of monopolies, without using anti-monopoly laws, because they have been systematically gutted for 40 years.

A lack of competition rewards bullies, and bullies have insatiable appetites. If your kid is starving because they keep getting beaten up for their lunch money, you can’t solve the problem by giving them more lunch money – the bullies will take that money too. Likewise: in the wildly unequal Borkean inferno we all inhabit, giving artists more copyright will just enrich the companies that control the markets we sell our works into – the media companies, who will demand that we sign over those rights as a condition of their patronage. Of course, these companies will be subsequently menaced and expropriated by the internet distribution companies. And while the media companies are reluctant to share their bounties with us artists, they reliably expect us to share their pain – a bad quarter often means canceled projects, late payments, and lower advances.

And yet, when a lack of competition creates inequities, we do not, by and large, reach for pro-competitive answers. We are the fallen descendants of a lost civilization, destroyed by Robert Bork in the 1970s, and we have forgotten that once we had a mighty tool for correcting our problems in the form of pro-competitive, antitrust enforcement: the power to block mergers, to break up conglomerates, to regulate anticompetitive conduct in the marketplace.

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Structural Separation: antitrust's tried-and-true weapon for monopolists who bottleneck markets

Back in 2017, a law student named Lena Khan made waves in policy circles with the publication of her massive, brilliant, game-changing 24,000-word article in the Yale Law Journal, Amazon's Antitrust Paradox, which revisited the entirety of post-Ronald-Reagan antitrust orthodoxy to show how it had allowed Amazon to become a brutal, harmful monopoly without any consequences from the regulators charged with ensuring competition in our markets. Read the rest

Rumor: DoJ is going to investigate Google for antitrust violations

According to a widely reported rumor -- first published by the WSJ -- the DoJ is preparing to launch an antitrust probe of Google, though it's not clear on what basis such a probe would proceed. Read the rest

"Steering With the Windshield Wipers": why nothing we're doing to fix Big Tech is working

My latest Locus column is "Steering with the Windshield Wipers," and it ties together the growth of Big Tech with the dismantling of antitrust law (which came about thanks to Robert Bork's bizarre alternate history of antitrust, a theory so ridiculous that it never would have gained traction except that it promised to make rich people a lot richer). Read the rest

Apple's growth strategy is a textbook case of antitrust abuse

Apple bought between 20 and 25 companies in the past six months, according to CEO Tim Cook, who also said that this was business as usual for the company. Read the rest

Goldwag: I Was A Teenaged Straussian

Guestblogger Arthur Goldwag is the author of "Cults, Conspiracies, and Secret Societies: The Straight Scoop on Freemasons, The Illuminati, Skull and Bones, Black Helicopters, The New World Order, and many, many more" and other books.

No, not really. But when I was a freshman in college in 1975, the Poli Sci 101 course that I took was Straussian and neo-conservative to its core. Kenyon College's political science department was (and still is--or at least it was three years ago, as this story in the far right wing journal Human Events confirms) an "oasis" of Straussian and conservative theory. The first text we read, as I recall, was Socrates "Apology." Most of us assumed that Socrates' persecutors were the bad guys, that freedom of thought was strictly good and the suppression of free speech categorically bad. But using Socrates' own mode of questioning, our teachers challenged our blandly liberal presuppositions. Precisely what's good about Democracy? Why shouldn't the state protect itself? Are we sure we understand what the Founders of our own country really meant when they wrote about "life, liberty, and the pursuit of happiness?" Read the rest

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