Showing posts with label Sherman Antitrust Act. Show all posts
Showing posts with label Sherman Antitrust Act. Show all posts

Thursday, August 9, 2018

Critique of Antitrust Laws


     The idea of having antitrust laws, and using them to abolish monopolies, is flawed.
     In my opinion, it would be foolish to trust a government monopoly to abolish a business monopoly, for the simple fact that monopolies enable each other. Businesses desirous of monopolies lobby the government for favors, and the same monopolistic state grants the businesses exclusive and exclusionary titles, properties, privileges, and licenses.
     However, the goal of abolishing monopolies should not be abandoned solely due to that fact. It is possible to abolish monopolies without growing the size and scope of government, and without spending more money, and even by doing nothing.
     To allow monopolies to be abolished passively rather than actively, government could simply allow people to go into competition with whatever monopolies are unnatural and problematic. As soon as someone becomes free to compete against a monopoly, the monopoly becomes de facto no longer a monopoly.
     This is because someone else is now trying to sell the same good or service; whereas the privilege (not the right) to compete against the monopolist was previously regulated and licensed-out by government. And the government, by the way, gets away with charging practically any price it pleases, on the permits and licenses which it grants, and which it grants itself the exclusive right to create, and from which, the exclusive right to profit.
     In an absence of monopolistic competition, subsidies and bailouts, and other taxpayer-funded privileges and protections that benefit business, the problem of monopoly would be on its way to being solved by consumers. That's because consumers would retain the absolute freedom to refuse to transact with firms they dislike; whether through face-to-face buying and selling, or through being taxed to support those businesses.
     No society which steals from productive workers, to balance the bills of those who house and employ them, can be called a society which values voluntary association (which includes freedom from association). Additionally, no society is voluntary which does not recognize that we have innumerable unalienable rights, which are enshrined in the Ninth Amendment to the U.S. Constitution, among them the right to perform and exchange labor in order to survive.
     Although the Ninth Amendment was written on a piece of paper, it strongly suggests that our rights do not come from a piece of paper. And when a government can restrict our freedoms to travel, marry, work, trade, etc. - and demand that we pay them, and identify ourselves with government-issued identification papers whenever asked – that government does not respect the Ninth Amendment. It does not respect the notion that we have so many rights, it would be impossible to try to write all of them down, lest someone start suspecting that writing them down means that they are things that a majority can vote away.
     The way to establish free competition, and allow for easy and peaceful abolition of monopolies, is to respect our Ninth Amendment rights to work without a license, and to go into competition with powerful monopolies without paying the government for a permit. Such licenses and permits amount to unjustifiable entry fees; barriers to entry into the markets and into the labor force. These measures suppress not only competition, but also cooperation, which can be equally damaging to monopoly (as long as it does not succumb to “cooperation with authority”).
     What we have now is neither a wholly free-market system, nor capitalism, nor voluntary association, nor true competition. We have a rigged, regulated simulation of monopoly, which also attempts to include features of the free-market system – like enterprise – in that simulation. But this is neither true monopoly nor true competition; it is “monopolistic competition”, in which firms compete for the reward of having all the other players knocked off the board. Firms may try to compete all they want, but it's still rigged (so it's not a free market); and nonetheless, they're not disqualified for trying ( so it's not a full monopoly either).
     The result of the failure of antitrust is the same result as all government failure; moral hazard. This is the blind faith in government, and the unproven assumption that government oversight or intervention is actually making goods safer and more healthy. Think of it as sort of the “argument from benevolence” about the existence of God, but applied to the state instead; it's the assumption that if we can conceive of an all-powerful, all-knowing, all-benevolent government, then one must exist! But of course, this is a joke.
     The negative consequences of antitrust failure do not stop at moral hazard; they continue on, to regulatory capture; the success of businesses which have the legal and financial resources to avoid being burdened by new regulations (which has the effect of shutting their competitors out of business). If these negative consequences are allowed to continue, the results can include the overspecialization of tasks, the enforcement of professional regulations which is favorable to only those jobs and industries which are already well-established, and the hoarding of skills by older workers (to prevent new workers from “threatening their livelihoods” by competing against them for wages in the job market).
     All of this, of course, means higher prices for us; for any and all types of goods and services we could possibly want or imagine. The risks of antitrust should not be taken lightly.





Written and Published on August 9th, 2018

Saturday, April 26, 2014

Obamacare's Constitutionality and Employer Provided Health Insurance

     I will support legislation that will repeal the Patient Protection and Affordable Care Act of 2009 (ObamaCare), including the End the Mandate Act (H.R. 1101) and legislation similar to it.
     There are many reasons why the individual mandate to purchase insurance is not constitutional. It is not a tax on an activity; it is a penalty for failing to purchase health insurance. If the individual mandate were a tax, it would be an infinite percent tax on a zero-dollar item or transaction (i.e., the “act” of refraining from purchasing health insurance). Additionally, the exemptions that have been granted render this “mandate” not a mandate but rather a bundle of special favors; that they have been granted conflicts with the legal principle of equal protection under the law.
     Not only is the act of issuing a health insurance policy not commerce (as the Supreme Court ruled in 1869), refraining from purchasing health insurance does not even constitute trade. Without a constitutional amendment authorizing the federal government to be involved in the health care industry (except within the District of Columbia and the overseas territories), the federal government should have no role in regulating it.
     However, in 1944 the Supreme Court ruled that the federal government has the authority to regulate insurance (i.e., keep it regular and uninhibited) in pursuance of the Sherman Antitrust Act, in order to prevent unnatural monopolies in insurance sales.
     Given this authority, and the Obama Administration's admitted desire to work with Republicans to pass legislation that effectively drives down costs but doesn't resort to mandating purchases, I believe that there are many good reasons why the federal government should end the mandate and legalize the interstate purchase of health insurance (thus allowing insurers based in states with low average insurance costs to compete in states with high average costs).
     States might also wish to further cut insurance costs for patients by passing legislation providing for their health departments and bureaus – and health insurance cooperatives within them – to evolve into worker-consumer wholesale purchasing cooperatives (providing for a closer and more direct negotiation on prices and other issues between health workers and patients). Organizing bulk purchasing can, should, and must be done in order to cut costs and to create economies of scale powerful enough to balance the power of sellers, but when the State is more trusted and empowered to do so than the people and their enterprises through the markets, the results tend to be the exact opposite of what was intended.
     In order to improve the delivery of health insurance to people who need it (whether they are citizens or not), I will urge states to allow people to purchase real health insurance in the open marketplace, including affordable basic catastrophic accident and illness policies, and change of health status insurance.
     I will additionally urge states to refrain from implementing single-payer systems. Although it is not the federal government's business to order states to enact this or that policy on health insurance (besides requiring them to allow trade and competition across state lines), the monopsony which government single-payer systems wield derives from a special privilege to monopolistically compete in purchasing. Such states' purchase mandates act as regulatory barriers to interstate insurance purchase and sales, thereby driving costs up. I will support the augmentation of antitrust laws in order to apply to single-payer systems requiring universal coverage.
     Single-payer is also undesirable because it would require public taxpayer funds to subsidize the insurance of each and every health customer, including individuals who want expensive, dangerous, and/or medically unnecessary procedures. This would undoubtedly create nothing but more protracted budget battles and ideological in-fighting.
     I do not support any level of government taking steps towards prohibiting purchase of health insurance by agencies other than governmental entities; non-governmental alternatives must always exist, and government must not show preferences for any alternative through differential taxation.
     The federal government can and should close a tax loophole, by ceasing to exempt employees from paying taxes on employer-provided health insurance. This special favor has created financial incentives for leaving people without health insurance once they lose their jobs and become unemployed, because it is a benefit for people who stay employed, and a way to encourage them to refrain from purchasing outside plans. Although the federal government should eventually stop taxing earnings altogether, for the time being it should tax all compensation equally.




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