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Antitrust: Taking on Monopoly Power from the Gilded Age to the Digital Age-Amy Klobuchar

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NY TIMES NATIONAL BEST SELLERAntitrust enforcement is one of the most pressing issues facing America today—and Amy Klobuchar, the widely respected senior senator from Minnesota, is leading the charge. This fascinating history of the antitrust movement shows us what led to the present moment and offers achievable solutions to prevent monopolies, promote business competition, and encourage innovation. In a world where Google reportedly controls 90 percent of the search engine market and Big Pharma’s drug price hikes impact healthcare accessibility, monopolies can hurt consumers and cause marketplace stagnation. Klobuchar—the much-admired former candidate for president of the United States—argues for swift, sweeping reform in economic, legislative, social welfare, and human rights policies, and describes plans, ideas, and legislative proposals designed to strengthen antitrust laws and antitrust enforcement. Klobuchar writes of the historic and current fights against monopolies in America, from Standard Oil and the Sherman Anti-Trust Act to the Progressive Era's trust-busters; from the breakup of Ma Bell (formerly the world's biggest company and largest private telephone system) to the pricing monopoly of Big Pharma and the future of the giant tech companies like Facebook, Amazon, and Google. She begins with the Gilded Age (1870s-1900), when builders of fortunes and rapacious robber barons such as J. P. Morgan, John Rockefeller, and Cornelius Vanderbilt were reaping vast fortunes as industrialization swept across the American landscape, with the rich getting vastly richer and the poor, poorer. She discusses President Theodore Roosevelt, who, during the Progressive Era (1890s-1920), "busted" the trusts, breaking up monopolies; the Clayton Act of 1914; the Federal Trade Commission Act of 1914; and the Celler-Kefauver Act of 1950, which it strengthened the Clayton Act. She explores today's Big Pharma and its price-gouging; and tech, television, content, and agriculture communities and how a marketplace with few players, or one in which one company dominates distribution, can hurt consumer prices and stifle innovation. As the ranking member of the Senate Judiciary Subcommittee on Antitrust, Competition Policy, and Consumer Rights, Klobuchar provides a fascinating exploration of antitrust in America and offers a way forward to protect all Americans from the dangers of curtailed competition, and from vast information gathering, through monopolies.

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Senator Amy Klobuchar’s new history of antitrust efforts in America does have, despite serious flaws, a remarkable consistency between text, content and suggested response.Rather than writing an academic or scholarly history of antitrust, Klobucher chooses to write in the popular genre. In this account, all efforts to combat conglomeration are good; she uses the fear mongering label of multinational corporations to stand for entities which are always bad.But the book is remarkably of one piece. Klobuchar wants to start a populist movement that demands more antitrust regulation by the federal government. As in all popular movements, narratives and ideas are simplified. If businesses are big they must be anticompetitive. Small businesses, on the other hand, are the lifeblood and heartbeat of America.And Klobuchar’s solutions are correspondingly simple. Shift the burden from the government to businesses to prove that their mergers are not anticompetitive. Presume that monopolists who control over 30% of the market are anticompetitive. No longer demand that predatory pricing be proven harmful to consumers.As someone who spent two and a half years working in the Antitrust Division of the Justice Department I can assure you that these questions are not so simple. While growing consolidation of markets is real, it’s not caused simply by lax antitrust enforcement. The staffers at the DOJ and FTC are seriously trying to balance effective antitrust enforcement with legitimate changes in firm structure driven by technological advances. While increased attention to antitrust problems is certainly welcome, a populist movement demanding simple solutions to over-simplified problems is hardly useful.So I can’t really recommend Senator Klobuchar’s book. It smells too heavily of the campaign trail and not enough of the classroom. But liberal minded opponents of big business will find their ideas echoed in these pages and may disagree with some of the above opinions. For the rest of us, a safe pass.
Sen. Klobuchar writes on the topic of antitrust or what she calls competition policy. She beginswith some family history in her ancestors working for James J. Hill in the Twin Cities. There isa detailed history going back to Adam Smith and the Wealth of Nations, the Boston Tea Partyand the East India Company, and various comments of the founding fathers. Then there is thegreat era of the "robber barrons" or "captains of industry" such as Rockefeller, Carnegie, J.P.Morgan, Vanderbilt, etc. She discusses how the farmers in the Midwest were getting rippedoff by the railroad companies and fought back.In this area of policy the legislators and judges are important, but it is helpful to frame historyin terms of the commanders in chief. This begins in detail with McKinley, and the trust-bustingera continued with Teddy Roosevelt, Taft, Wilson and even continued into Harding, but sloweddown under Coolidge. Besides the Presidents, a key statesman was William Jennings Bryan.Klobuchar also discusses figures such as Eugene Debs and the various muckrakers.In the 50s or so there was the matter of Alcoa and Reynolds, which is of local interest in Massena.Another company was General Electric. In the 70s there was AT&T, and in the 80s or so Klobucharwas a lawyer for MCI. For me it's hard to root for MCI, I never really identified with them, but todayit's all about Verizon etc. She criticizes the government policy under Reagan and George W., butthe trend actually began with Carter, not because of Carter but just due to getting worn out.She's not particularly pro-Obama or anti-Trump. The main thing about Trump was that he pickedand chose when to use antitrust, but the same was said of TR, and she cites Progressive Era byMurray Rothbard, of all people. The other reviewer knows the topic and pointed out the weaknessesin her arguments.She refers to the conservative lawyers as the "Chicago" school, named after Richard Posner andincluding Judge Bork and Justice Thomas, while the liberals from "Harvard" included JusticeBreyer and several others. Breyer is well aware that the topic is boring and complex. The problem,as Robert Bork pointed out, is the Constitution doesn't give much guidance here, and few legislatorshave the intellectual rigor to apply criteria in a coherent way. She clearly thinks Bork's philosophywas wrong, but his success shows his ability. He did think that Microsoft was becoming a monopoly.She concludes with 25 proposals including more funding for lawyers, amendments to the Constitution, campaign finance, more liberal judges, a more competitive old-fashioned media, etc.Later companies that we remember include Walmart and Microsoft. Apple was once little comparedto IBM and later Microsoft, and now of course it's Google, Facebook and Amazon. This isn't necessarilya partisan issue, at least on some points. Amy talks a lot about her colleagues Chuck Grassley andMike Lee. Josh Hawley, even though he was criticized with Trump for questioning the election, is in agreement on some of these things. Many people understand the way that the control of informationis having a negative effect on their lives. Klobuchar also discusses markets such as drug companiesand hotels. (Hint: all the hotel booking companies are actually the same thing).Klobuchar was considered "moderate" in the primaries but here positions as a Midwest liberal inthe tradition of Humphrey, McGovern, Mondale, Jesse Jackson, Harkin and Wellstone. This is avery long book with over 250 pages of notes. The notes are fine, but the main text is repetitivetoward the end and could have been cut. The good news is, when it's this long it's not just writinganother book to do it. It's a more in-depth study while attempting to popularize with referencesto the game Monopoly and political cartoons from over the different eras. Her previous bookwas around 2015, and there was no campaign book because she was working on this one.

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