My proudest accomplishment in law school was a research paper I wrote entitled "Anti-Antitrust: The Need for Antitrust Law Reform."
In that paper, I argued that antitrust law as applied today totally misses the point: the issue shouldn't be whether a company, otherwise satisfying the elements of a monopoly, is harming competitors, but whether a company is actually harming consumers. Put another way: who is complaining about the alleged anticompetitive tactics: competitors, or consumers?
If one studies all the big antitrust cases of the 20th century -- from Alcoa, to DuPont, to Microsoft -- a curious trend emerges: it was always those companies' competitors who took issue with seemingly anticompetitive tactics of the big evil "trusts," and rarely -- if ever -- was it the consumers themselves.
A great example of this is Microsoft in the 1990s: do any of you -- aside from our realm of early adopter computer savvy tech types -- genuinely remember any everyday computer users actually complaining that Windows came preinstalled with IE instead of Netscape? Were consumers actually harmed, were they actually suffering? No: the only "people" who had an issue with MS bundling IE with Windows -- frankly, a brilliant strategy -- were Microsoft's competitors, and not, in fact, MS's customers.
So my take on this ATT & T-mobile merger is simple: the investigation should not focus on whether ATT/T-mobile is a monopoly from competitors' points of view, but whether it is anticompetitive to the point of actually harming consumers, e.g., with higher prices, etc.
Frankly, a good example of a company that really deserves a DOJ investigation is Apple -- IFF customers start to actually complain, and not not just Apple's competitors' start to complain.
Put more simply: a DOJ investigation into whether a company is a monopoly should be based upon whether consumers -- not competitors -- are actually being harmed by the allegedly anticompetitive tactics of a "monopoly."
After all, a company could not become a monopoly without customers' support in the first place. So clearly they have done something right that customers appreciate.
A "monopoly" that is not causing harm to consumers, either directly or indirectly, is not necessarily so terrible a thing. In fact, as with Apple, it is often the case that consumers enjoy a net benefit from such a company.
Well in this case I have a grudge against AT&T, specifically as a consumer. I don't like that they can get away absurd customer relations, and I think we need to check them. If Sprint goes away one day I'm not sure what I'll do.
EDIT: You know what I'll do? I'll say screw the paradigm, and start looking into VOIP, and other alternatives, and encouraging everybody else to do it so economies of scale work out.
Great, and that's precisely what should happen: the consumers should make their complaints heard ... not competitors who are (usually) just complaining about having not made such a good business decision themselves.
In that paper, I argued that antitrust law as applied today totally misses the point: the issue shouldn't be whether a company, otherwise satisfying the elements of a monopoly, is harming competitors, but whether a company is actually harming consumers. Put another way: who is complaining about the alleged anticompetitive tactics: competitors, or consumers?
If one studies all the big antitrust cases of the 20th century -- from Alcoa, to DuPont, to Microsoft -- a curious trend emerges: it was always those companies' competitors who took issue with seemingly anticompetitive tactics of the big evil "trusts," and rarely -- if ever -- was it the consumers themselves.
A great example of this is Microsoft in the 1990s: do any of you -- aside from our realm of early adopter computer savvy tech types -- genuinely remember any everyday computer users actually complaining that Windows came preinstalled with IE instead of Netscape? Were consumers actually harmed, were they actually suffering? No: the only "people" who had an issue with MS bundling IE with Windows -- frankly, a brilliant strategy -- were Microsoft's competitors, and not, in fact, MS's customers.
So my take on this ATT & T-mobile merger is simple: the investigation should not focus on whether ATT/T-mobile is a monopoly from competitors' points of view, but whether it is anticompetitive to the point of actually harming consumers, e.g., with higher prices, etc.
Frankly, a good example of a company that really deserves a DOJ investigation is Apple -- IFF customers start to actually complain, and not not just Apple's competitors' start to complain.
Put more simply: a DOJ investigation into whether a company is a monopoly should be based upon whether consumers -- not competitors -- are actually being harmed by the allegedly anticompetitive tactics of a "monopoly."
After all, a company could not become a monopoly without customers' support in the first place. So clearly they have done something right that customers appreciate.
A "monopoly" that is not causing harm to consumers, either directly or indirectly, is not necessarily so terrible a thing. In fact, as with Apple, it is often the case that consumers enjoy a net benefit from such a company.