[HN Gopher] Mergers ruin everything
       ___________________________________________________________________
        
       Mergers ruin everything
        
       Author : pseudolus
       Score  : 160 points
       Date   : 2022-02-04 14:10 UTC (8 hours ago)
        
 (HTM) web link (mattstoller.substack.com)
 (TXT) w3m dump (mattstoller.substack.com)
        
       | Osiris wrote:
       | In an unregulated capitalist economy, the inevitable end result
       | is monopoly. The best way to compete in the economy is to not
       | have to compete.
       | 
       | Without external restraints, any sufficiently large company will
       | focus on eliminating competition either through pricing them out
       | of the market or just outright buying them.
       | 
       | The only reason the US has more than one cellular network right
       | now it because the government has prevented multiple attempts at
       | mergers, and even with that effort we're down to three.
       | 
       | edit: if you disagree, I'd love to hear your opinion. The
       | government has entire agencies dedicated to maintaining
       | competition in the economy. If monopoly was not the inevitable
       | end result of capitalism, then such agencies would not be
       | required.
        
         | arcbyte wrote:
         | Actually there are lots of factors impacting horizontal and
         | vertical integration in the capitalist economy.
         | 
         | In general you are right that "external" restraints are needed
         | to prevent a firm from competing so aggressively or moving to
         | integrate horizontally. However, the external restraints are
         | far and away most often free market forces.
         | 
         | Economies of scale are nothing to laugh at, especially in
         | ventures with very high fixed costs. However, integration is
         | also high risk because it comes with significant downsides.
         | 
         | I don't care to analyze the US cellular market, but I would be
         | curious to what extent the way the government has regulated
         | this market has pushed it toward mergers. And perhaps that is a
         | good thing to have a small number of national cell carriers.
         | People who grew up in the early telephone era would probably
         | agree its better than having to navigate the byzantine maze of
         | regional networks and long distance charges.
         | 
         | There are other mostly unregulated wireless markets that might
         | serve as interesting case studies though. Wireless ISPs have
         | been a booming business for decades and is still extremely
         | dispersed in ownership. They're facing some disruption now from
         | Starlink but that is likely years away from posing a serious
         | industry challenge.
        
           | Osiris wrote:
           | > I don't care to analyze the US cellular market, but I would
           | be curious to what extent the way the government has
           | regulated this market has pushed it toward mergers.
           | 
           | I believe that auctioning spectrum is a huge factor in
           | creating monopolies because only the biggest companies get
           | spectrum. No small guy can afford to compete in the auction.
           | I don't think that auction (to the highest bidder) is the
           | best way to allocate spectrum if the goal is to preserve
           | competition.
        
         | lcedp wrote:
         | You are right, but it's not the full picture.
         | 
         | The government also has agencies dedicated to maintaining
         | monopoly. It is done through patents, copyright, trade secret
         | laws.
         | 
         | It's important to maintain a balance between completion and
         | monopoly. Monopoly allows collecting huge margins that could be
         | invested into further research that would not be otherwise be
         | feasible financially.
        
           | Jensson wrote:
           | > The government also has agencies dedicated to maintaining
           | monopoly. It is done through patents, copyright, trade secret
           | laws.
           | 
           | Without those laws the big companies would steal and copy
           | every small business idea or IP with no impunity. The laws
           | protect small companies much more than big companies. Of
           | course big companies sits on a lot of patents so they are
           | still powerful, but not as powerful as if they could just
           | abuse espionage etc as much as they wanted.
           | 
           | For example, what do you think would happen with the harry
           | potter books? Others would just print their own copies, write
           | their own books with the same characters and names, and the
           | company with the biggest marketing budget to throw around
           | would win and sell the most. That doesn't seem very good for
           | the little guy to me, rather it would make it basically
           | impossible for the little guy to compete.
        
             | mLuby wrote:
             | (Intellectual property) rights depend on your ability to
             | enforce them. Large companies have many resources to throw
             | at enforcement while small companies have few and
             | individuals even fewer. In the past, patents may have
             | worked for the little guy but no longer. I don't know why
             | exactly.
             | 
             | On the Harry Potter thing, "the biggest marketing budget
             | would win and sell the most" is indeed what happens, but
             | the original creator still has huge power. For example if
             | George Lucas (who sold the Star Wars IP to Disney) decided
             | to publish his "fan fiction" screenplay for Star Wars
             | Episode VII, Disney would have a massive continuity problem
             | because he's the original creator--no matter how much The
             | Mouse spends on marketing. That is what Disney paid him $4B
             | for, to _not_ do that.
             | 
             | Further, isn't "people will write new stories for
             | characters they love" a good thing? We could certainly use
             | fresh ideas rather than this rut of reboots and sequels. In
             | that sense, letting The Market winnow the winners from the
             | chaff would improve consumer offerings. It's happened
             | before: remember that Twilight fan fiction that became a
             | literary sensation and major movie series?
        
             | nostrademons wrote:
             | "write their own books with the same characters and names"
             | 
             | Clearly you've never encountered the vibrant and
             | exceptionally large world of Harry Potter fanfiction.
             | 
             | Anyway, IP laws usually benefit incumbents simply because
             | small companies have neither the legal budget nor attention
             | to fight a lawsuit. This is a recurring problem in the
             | legal system, where the party most likely to win is usually
             | the one that can hire the highest-priced lawyers. It's also
             | a very hard problem to fix.
             | 
             | I would definitely disagree that the laws protect small
             | companies much more than big companies, having both founded
             | small companies and worked at big companies. Big companies
             | steal and copy every small business idea or IP with
             | impunity anyway, because small companies do not have the
             | resources to fight their case in court and still survive in
             | business. I've never once heard of a startup successfully
             | suing a gigantic company over IP rights and later replacing
             | that big company off those IP rights; the best they can
             | hope for is usually a negotiated settlement and an
             | acquisition. Startups that actually want to survive based
             | on IP usually do it by keeping it secret and working on
             | problems that are not obviously a big market.
        
         | hn_throwaway_99 wrote:
         | Peter Thiel: "Competition is for Losers"
         | 
         | https://web.archive.org/web/20141215224757/https://www.wsj.c...
        
           | pdonis wrote:
           | Thiel's argument, to the extent it's valid at all, doesn't
           | prove that monopolies are good for consumers (or workers, for
           | that matter). It only proves that monopolies are good for
           | monopolists.
           | 
           | http://blog.peterdonis.com/opinions/monopoly-money.html
        
         | AnthonyMouse wrote:
         | > Without external restraints, any sufficiently large company
         | will focus on eliminating competition either through pricing
         | them out of the market or just outright buying them.
         | 
         | The counterargument is that this only happens in markets with
         | high barriers to entry, which in turn are mostly caused by
         | regulatory barriers.
         | 
         | For example, the government makes permanent spectrum auctions,
         | so if all the holders of spectrum merge together, no new
         | competitors can enter. Suppose instead they held a new auction
         | every year or every month for use of the spectrum in a given
         | region until the next auction. Then mergers wouldn't prevent
         | competitors from entering; a new competitor goes to the next
         | auction, places a bid and can get spectrum to launch a
         | competing provider.
         | 
         | It's clear that this theory is sometimes true -- that
         | regulatory barriers can do this. Whether it's _always_ the
         | cause is hard to say and depends mostly on how you define what
         | "regulatory barriers" means. But consider the consequences
         | either way.
         | 
         | If there are regulatory barriers causing monopolies, you have
         | to break them up. If there are some other things causing
         | monopolies, you have to break them up. Monopolies are bad. And
         | breaking them up, if they are caused by regulatory barriers,
         | can hamper the entities lobbying to keep the regulatory
         | barriers.
         | 
         | The question is what comes after. You don't want them to just
         | reform again, right? Antitrust is a necessary evil, but still
         | an evil -- still means you had a monopoly for long enough to
         | have to bust it up. So if it's mostly or entirely regulatory
         | capture which is causing them, we still need to address that.
         | And then we don't need antitrust enforcement as often.
         | 
         | But we still need it whenever a monopoly/oligopoly forms.
         | That's just not a thing that can remain.
        
           | nostrademons wrote:
           | _Many_ barriers to entry are caused by regulation, but not
           | all, and perhaps not even most.
           | 
           | Some problems are just hard, and tend to favor incumbents
           | with economies of scale. Until very recently (post-GDPR),
           | there were no regulatory barriers protecting Search, for
           | example; nevertheless, new entrants found it very difficult
           | to get traction because _search is a hard problem_. Same goes
           | for putting up cell towers, and burying fiber lines, and
           | maintaining an electric grid.
           | 
           | I'd also argue that most oligopolies aren't formed by
           | technical or government constraints, but rather by branding
           | and consumer behavior. Consumers usually have a desire to
           | stick with familiar, trusted brands, and to try new brands
           | only when they've been recommended by people they trust. This
           | creates barriers to new entrants, because you don't start out
           | with any baseline trust and you have to compete against
           | companies that have been in use for a century. There's
           | nothing technically difficult about bottling carbonated
           | sugar-water; regardless, Coca-Cola enjoys enormous margins
           | because it's ingrained in the habits of hundreds of millions
           | of people.
           | 
           | When there's actual regulatory capture, we should address
           | that, and untangle the regulations so new firms can enter.
           | But don't expect that solving regulatory capture is going to
           | fix all instances of monopoly.
        
             | Osiris wrote:
             | Microsoft, with massive resources, has been trying to break
             | the Google search monopoly for over a decade without making
             | a dent.
             | 
             | Search startup DuckDuckGo uses Bing on the backend rather
             | than building their own.
        
           | Rury wrote:
           | >Monopolies are bad.
           | 
           | Not entirely... there's a tradeoff. People forget that
           | monopolies can be a good thing in that it can force a
           | standard. For example, if English were said to have a
           | monopoly on language, it would become very easy to speak and
           | communicate around the world, as it would be the only
           | language spoken everywhere. Contrast, if we have 200 versions
           | of spoken languages, we'd have communication barriers to
           | overcome when we try to communicate with someone foreign.
        
             | AnthonyMouse wrote:
             | > For example, if English were said to have a monopoly on
             | language, it would become very easy to speak and
             | communicate around the world, as it would be the only
             | language spoken everywhere. Contrast, if we have 200
             | versions of spoken languages, we'd have communication
             | barriers to overcome when we try to communicate with
             | someone foreign.
             | 
             | You don't need a monopoly to do this because people can be
             | bilingual. English is the de facto language of
             | international websites on the internet, so people in Spain
             | who speak Spanish and English and people in Russia who
             | speak Russian and English go to Twitter or Reddit and talk
             | to each other in English.
             | 
             | The same is true of internet standards. Everybody uses
             | TCP/IP. Everybody. But nobody has a monopoly on it and
             | nobody is prohibiting anyone from using a competitor out of
             | anything other than network effect. If IPv8 turns out to be
             | super amazing and has many advantages that overcome the
             | inertia of IPv4, everyone could switch. Which is the thing
             | you don't get with a corporate monopoly.
        
               | [deleted]
        
               | Rury wrote:
               | >You don't need a monopoly to do this because people can
               | be bilingual
               | 
               | True, but it takes more work/effort to learn two
               | languages than one. Whereas if we had one language (as in
               | a monopoly), it'd be even simpler/easier.
               | 
               | >The same is true of internet standards. Everybody uses
               | TCP/IP.
               | 
               | Yes, if protocols were businesses, they then could be
               | thought of as having a monopoly on their domains.
        
           | letitbeirie wrote:
           | Spectrum is kind of a weird case though because it kind of
           | has to be monopolistic - if you allow multiple, independent
           | systems to share the same frequency band, none of them will
           | work.
           | 
           | > Suppose instead they held a new auction every year or every
           | month for use of the spectrum in a given region until the
           | next auction.
           | 
           | This would work if the government or some common third party
           | were responsible for putting up towers (and lease them to the
           | telecoms like MVNOs), but as it is the telecoms build and
           | operate the towers themselves, and the hardware loadout
           | changes slightly depending on which frequency bands that
           | telecom is allowed to use.
        
             | AnthonyMouse wrote:
             | > Spectrum is kind of a weird case though because it kind
             | of has to be monopolistic - if you allow multiple,
             | independent systems to share the same frequency band, none
             | of them will work.
             | 
             | In theory you could actually do this by using TDM with real
             | time auctions for spectrum access.
             | 
             | But "monopoly" is still the wrong word because you don't
             | have to allocate 100% of the spectrum to the same company.
             | If there are a hundred and they each have a "monopoly" on a
             | specific 1% of it, they're still in competition with each
             | other.
             | 
             | > This would work if the government or some common third
             | party were responsible for putting up towers (and lease
             | them to the telecoms like MVNOs)
             | 
             | So have the third parties do that. "That would work if we
             | do that thing that would work" means it would work.
        
           | tablespoon wrote:
           | >> Without external restraints, any sufficiently large
           | company will focus on eliminating competition either through
           | pricing them out of the market or just outright buying them.
           | 
           | > The counterargument is that this only happens in markets
           | with high barriers to entry, which in turn are mostly caused
           | by regulatory barriers.
           | 
           | Not necessarily. For instance: if the barriers to entry are
           | zero but the monopoly can price things below cost (e.g. due
           | to cash reserves or strength in other markets), it can bury
           | any competitor. The mere existence of that ability could have
           | a deterrent effect that prevents competitors from forming in
           | the first place.
        
             | AnthonyMouse wrote:
             | > For instance: if the barriers to entry are zero but the
             | monopoly can price things below cost (e.g. due to cash
             | reserves or strength in other markets), it can bury any
             | competitor. The mere existence of that ability could have a
             | deterrent effect that prevents competitors from forming in
             | the first place.
             | 
             | If barriers to entry are zero, the deterrent doesn't exist,
             | because the deterrent works by forcing the competitor to
             | pay the cost of entry without ever making any profits to
             | recover it.
             | 
             | Now suppose barriers to entry are low. Not even zero -- say
             | it's $10,000. Some individual shows up, pays the $10,000,
             | and the monopoly slashes prices so they can never recover
             | their $10,000. But they got into it because they're a
             | stubborn former customer who doesn't like how they've been
             | treated, so making billions of dollars isn't the point.
             | Their goal is to screw the monopolist. Which means all they
             | have to do is sit on the ability to make product
             | indefinitely and use it as soon as the monopolist attempts
             | to raise prices above cost.
             | 
             | To prevent this the monopolist would have to sell below
             | cost indefinitely. But in that case the potential
             | competition is keeping them in check as much as actual
             | competition would.
             | 
             | And this works even better when disgruntled former
             | customers get together, so that it's not one guy willing to
             | pay $10,000 to spite the monopolist but 10,000 customers
             | each willing to pay $1.
             | 
             | Where this falls down is when the price of entry becomes
             | billions and involves a major risk of failure.
        
               | lovich wrote:
               | I mean, I'm pretty sure it fails down when the theory
               | relies on people willing to burn capital solely to stick
               | it to someone else. That's less like innovation and
               | investment and more like warfare.
               | 
               | It also runs counter to all observed behavior. A lot of
               | these regulatory barriers can be overcome by money and we
               | don't see disgruntled people/groups banding together to
               | provide services or goods at a loss
        
               | dwohnitmok wrote:
               | > Which means all they have to do is sit on the ability
               | to make product indefinitely and use it as soon as the
               | monopolist attempts to raise prices above cost.
               | 
               | You're underestimating the economic tools at the disposal
               | of large companies. Lucrative contracts with suppliers
               | that prevent selling to competitors, vertical integration
               | where they just buy the suppliers outright, attack
               | advertising, poaching employees, etc. A lot of these can
               | happen even without active malice.
               | 
               | Selling below cost is just one of many tools. There are
               | many many ways an economically powerful player can
               | strongarm competitors into submission.
               | 
               | None of these are foolproof (and nothing in politics or
               | economics is), but they all make the barrier to entry
               | higher, sometimes almost impossibly high even in the
               | absence of regulation (that is to say thinking of barrier
               | to entry as something that is independent of a monopoly
               | is not a good model, monopolies are intrinsically a
               | barrier to entry).
        
           | agentdrtran wrote:
           | > The counterargument is that this only happens in markets
           | with high barriers to entry, which in turn are mostly caused
           | by regulatory barriers.
           | 
           | There are hundreds of entire industries that have gigantic
           | barriers to entry no matter what the regulations are.
           | Covering the country in cell towers, building fleets of
           | container ships, designing an operating systems and full
           | suite of applications -- these things aren't cheap
        
             | AnthonyMouse wrote:
             | That's only because you're defining the market as "has an
             | entire fleet of container ships," which is just assuming
             | the existence of a consolidated industry.
             | 
             | Each container ship could be its own entity and then you
             | just need marketplaces for people to hire them to ship
             | things.
             | 
             | You don't have to build a national cellular network, you
             | can put up one tower and then sell service to a market of
             | MVNOs which buy service from different tower providers in
             | different regions.
             | 
             | Every piece of an operating system doesn't have to be built
             | by the same entity. See Linux. For that matter, see macOS,
             | which is full of BSD code written by many separate
             | entities.
        
               | OkayPhysicist wrote:
               | You're grossly underestimating transaction costs. It is
               | vastly preferrable from a company's perspective to be
               | able to make 1 deal with 1 company that has many ships,
               | as opposed to many deals woth many companies that have 1
               | ship each. Reducing that cost ends up looking like Uber,
               | where you've just moved your monopoly point to the
               | controller of the marketplace.
               | 
               | Each individual deal an entity makes takes time and
               | money.
        
               | AnthonyMouse wrote:
               | The transaction costs problem is when you have 100,000
               | ships and 100,000 customers and it becomes ten billion
               | individual relationships.
               | 
               | You do solve this with things like Uber, but such things
               | don't themselves have to be a monopoly, because you don't
               | have to make it 100,000:1, you can make it 100,000:20 and
               | have twenty competing marketplaces but still not an
               | explosively large number of separate relationships.
               | 
               | This works even better with federated marketplaces. There
               | are a lot of problems with the international banking
               | system, but the general idea that someone in New York can
               | make a wire transfer to someone in London even though
               | they each use a different bank is based on protocols
               | rather than a single centralized world monopoly bank, and
               | in that respect is better than the more centralized
               | alternative.
        
         | [deleted]
        
         | milkytron wrote:
         | > The only reason the US has more than one cellular network
         | right now it because the government has prevented multiple
         | attempts at mergers, and even with that effort we're down to
         | three.
         | 
         | There actually was a monopoly in the telephone system[0] in the
         | US that had to be broken up via antitrust.
         | 
         | [0] - https://en.wikipedia.org/wiki/Bell_System
        
           | Osiris wrote:
           | And over the last 40 years has slowly consolidated back
           | again.
        
             | 0_____0 wrote:
             | Thanks, Reagan.
        
               | AnthonyMouse wrote:
               | The AT&T breakup actually happened under Reagan, and was
               | initiated in 1974 (which was Nixon/Ford). The
               | reconsolidation happened under both parties throughout
               | the 90s and 2000s.
        
               | gjvc wrote:
               | ...and this whole saga, lest we forget (and relevant to
               | the HN crowd), was instrumental in giving rise to the
               | unix wars of the 90s, due to the AT&T copyright dispute
               | with University of California Berkeley. (The relevant
               | point here being not the copyright dispute itself, but
               | the fact that AT&T was not allowed to sell the UNIX
               | system for profit, this being one of the conditions of
               | being allowed to operate as a telephone company.)
        
         | Spooky23 wrote:
         | I wouldn't use cellular as a success story. Even with billions
         | of dollars in investment directly from the Feds, AT&T seems to
         | be wallowing.
        
         | Jensson wrote:
         | Yeah, power always consolidates unless people use violence (or
         | threat of violence) to stop it. Companies merges to bigger
         | companies, company owners loves this, that is bad and gives
         | people less freedom. Countries merges to bigger countries,
         | politicians loves this, that is equally bad. The more the power
         | is spread around the better, but everyone who sits on power
         | tries to work against that.
         | 
         | Note that giving all the power currently held by capitalists to
         | politicians is also consolidation of power, that is bad. Or
         | vice versa. So giving the government too much power over
         | companies will hurt on the other end, balance is needed and it
         | is hard to say where the line should be drawn.
        
           | Osiris wrote:
           | Exactly. The phrase "power vacuum" is a good way to visualize
           | this idea. When there is an opportunity for someone to gain
           | power (of which there are many kinds), someone will exert the
           | effort to take that power for themselves.
        
         | cjbgkagh wrote:
         | The US allows monopolistic returns because the country
         | (politicians) benefit from it. If antitrust successfully kills
         | monopolistic returns the beneficiaries of the increase in
         | consumer surplus are the customers, many who are foreign.
        
         | Hermel wrote:
         | In sectors where products can have infinite variety (like
         | fashion), monopolies don't seem to happen because the small
         | creative producers can create new market niches faster than the
         | monopolies can enter them.
        
           | dwohnitmok wrote:
           | That's not clear to me. I don't know much about things like
           | clothes fashion, but e.g. eyeglass fashion is completely
           | dominated by Luxottica (resulting in eye-wateringly high
           | markups) and fashion-adjacent fields such as music are still
           | dominated by just a few labels (this one you can say is
           | basically a product of legal lobbying for protections).
           | 
           | The pattern there is that small producers for the most part
           | fail and fizzle out. The few successful ones get snapped up
           | by the big players.
        
           | Spooky23 wrote:
           | Exactly. AT&T was a monopoly because it made sense to be one
           | given the capital investment requirements and technology.
           | Universal access was something that lifted up the whole
           | country and had and has enduring value. Think of the bullshit
           | and lack of interop between Facebook, Apple and Google
           | messaging - without AT&T, you would have had that problem
           | with legacy phones.
           | 
           | They were tightly regulated, which worked well until
           | technology moved ahead of the operations.
           | 
           | Tight regulation works well when change rates are slow and
           | you need to make capital investments. Short term decision
           | making driven by final optimization always constrain capital
           | investment. That's why your power grid is less robust than it
           | was 40 years ago.
        
           | twobitshifter wrote:
           | This should happen with pizza, yet we see dominos
           | successfully applying a monopoly strategy.
           | 
           | https://www.forbes.com/sites/dalebuss/2019/04/30/fortress-
           | ma...
        
           | arrosenberg wrote:
           | Eh, maybe 15-20 years ago, but fast fashion producers have
           | made it much harder. You get 6-12 weeks before you get
           | copied, at best. It's still possible to carve out a small
           | business, but a lot of good business operators are being held
           | back by those types of companies.
        
         | [deleted]
        
       | antihero wrote:
       | This is fascinating but to read the series is it $8/mo? I'm
       | confused, that is more than most magazine subscriptions.
        
         | robinjhuang wrote:
         | As matt says, you can pay for the truth or get lies for free ;)
         | I've been a subscriber for two years and a paid one as soon as
         | it was offered. Really recommend it! We also have open forums
         | and a discord to talk about anything anti-monopoly.
        
           | antihero wrote:
           | It does sound cool but I wish there was like a dollar sub. I
           | already pay so much in Patreon fees...I see there's a free
           | subscription so I'll see if I keep reading that
        
             | jacobr1 wrote:
             | I want substack to have some kind of overall subscription
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             | 
             | Maybe something like Kindle's system that has some kind
             | page-read/engagement metric against the monthly revenue
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             | 
             | Maybe something where I get discounting for buying in bulk.
             | 10 newsletters for the price of 5 a la carte or whatever,
             | and I can allocate my "newsletter credits" at will, even
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             | 
             | Also how can libraries and other institutions subscribe and
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           | WJW wrote:
           | I'm sure anyone writing lies can also charge money though,
           | just because you pay for something does not make it good.
        
         | pessimizer wrote:
         | Maybe 1/10 of of the entries are exclusive to subscribers, and
         | they're 95% of the time "open threads" where the commenters are
         | talking to each other with Stoller giving them a few topics to
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       | baybal2 wrote:
       | US is a very, very regulated economy. And if you go into
       | securities space, you basically can't even slice a piece of bread
       | without a lawyer.
       | 
       | There are countries with much lower amount of regulation, without
       | everything rolling into one giant monopoly.
       | 
       | I would say it is exactly that legal minefield, and active
       | dirigisme that greatly distorts natural conduct of business into
       | non-stop search of how to game the policy.
       | 
       | One thing deserving a look is to what length US legal system is
       | set to go to intervene into sale of public companies, which is
       | taken as purely a contractual matter in between two companies,
       | rather than dispute over "fairness" in pretty much every normal
       | country.
       | 
       | An outright fraud should of course be prevented, but courts
       | should not be allowed to order somebody to basically be
       | compensated for a bad deal.
        
         | dv_dt wrote:
         | There are countries with such little regulation, and thus not
         | enough of a reliable economic or market framework that the
         | economy can't even work it's way up to the point where
         | companies can make good medium and long term decisions that
         | payoff.
         | 
         | Microsoft evading all sorts of anti-monopoly regulation (in a
         | scene of waning anti-monopoly enforcement), caused them to
         | destroy all sorts of smaller businesses.
        
         | jandrese wrote:
         | So your complaint is that too much regulation is oriented
         | around protecting large incumbent players instead of the public
         | at large?
        
           | jacobr1 wrote:
           | That is one my my complaints. But that doesn't mean we
           | shouldn't also ensure competitive markets.
           | 
           | But it isn't so much that the regulation is designed to
           | protect the incumbent, it is: - the volume of regulations
           | requires a compliance overhead that is more easily amortized
           | by larger firms - incumbents are involved in the design (or
           | provide feedback) into the regulations such that they are
           | able to comply specific rules, which might not actually
           | fulfill the intent of the protecting the public. The process
           | of codifying and validating practices to check boxes is often
           | just waste.
        
         | wpietri wrote:
         | Your theory is that Microsoft and Google and Facebook ended up
         | with monopoly power because their industries were just too
         | darned regulated at the time they established themselves?
        
           | baybal2 wrote:
           | Yes, they repeatedly sued their respective competitors, and
           | disruptors out of business
        
             | Jensson wrote:
             | Which company did Google sue out of business?
        
               | wpietri wrote:
               | And let me add to that: How specifically did that suit
               | against a competitor leverage regulations that we should
               | remove?
        
           | MontagFTB wrote:
           | The regulations may not have existed at the time these
           | companies established themselves, but could have evolved over
           | time. It's a known practice of larger corporations to promote
           | regulations that take them little effort to adhere to.
           | However, those same regulations raise the bar for startups to
           | gain entry and compete in an industry. Ironically enough,
           | it's the regulations themselves that become anti-competitive.
           | 
           | This isn't true for regulations categorically, to be sure-
           | the established companies can wield lobbying power for
           | particular regulations to pass. That makes them look good in
           | the public eye, the government wins for adding "oversight",
           | but the actual competitive landscape becomes more encumbered,
           | not less.
        
             | wpietri wrote:
             | Sure, regulations are a way already-established monopolies
             | can entrench dominance. But given that major new monopolies
             | came up in low-regulation areas of business, regulation is
             | not a primary driver of why they exist.
        
             | tablespoon wrote:
             | > It's a known practice of larger corporations to promote
             | regulations that take them little effort to adhere to.
             | However, those same regulations raise the bar for startups
             | to gain entry and compete in an industry. Ironically
             | enough, it's the regulations themselves that become anti-
             | competitive.
             | 
             | This point about "regulatory capture" is a often brought up
             | as a clever anti-regulation/free market parry, to create a
             | demotivating feeling of "damned if you do, damned if you
             | don't" that breaks in the free marketeers' favor.
             | 
             | I think the rhetorical tactic only really works if you look
             | at part of the problem in isolation, and it's eliminated or
             | at least mitigated with the consideration of action in
             | other areas (e.g. more aggressive anti-trust/pro-
             | competition regulation, or the kind of oversight regulated
             | monopolies get).
        
       | treis wrote:
       | >Americans pay $50 billion more per year than Europeans for
       | similar cell phone service, which is about $14/month in pure
       | profit for every single American
       | 
       | This doesn't really add up. T-mobile's net income is 3-4 billion
       | a year on 80 billion on revenue. They're not generating monopoly
       | profits.
       | 
       | IMHO I don't think you can really merge your way into a monopoly.
       | The existence of multiple companies to merge is effective proof
       | that whatever business they're in is not a natural monopoly.
       | 
       | Look at social media as an example. Facebook is the dominant
       | player but in the course of their existence Instagram, WhatsApp,
       | TikTok, and Snapchat have all become billion+ companies while
       | another dozen or so have made it to 100+ million. Allowing them
       | to buy Instagram and WhatsApp didn't prevent the rise of Tiktok
       | or the continued existence of Snapchat. There's no natural
       | monopoly here and probably should be little concern to anti-trust
       | regulators.
       | 
       | Compare with phones. You have a stable Android/Apple duopoly but
       | it didn't come from mergers. It's a natural monopoly business so
       | naturally monopolies formed. Facebook, Amazon, and Microsoft all
       | trying to break into the market and failing miserably is also
       | strong evidence. This should be a huge concern to anti-trust
       | regulators.
        
         | ultrasaurus wrote:
         | Maybe "profit" is the wrong word. Anecdotally, the US has a lot
         | of dedicated & spacious cell phone stores compared to other
         | countries I've been in (where selling SIM cards is part of
         | another store, like a 7-11 or an electronics store).
         | 
         | It's possible there's an extra $14/month in _revenue_ going
         | towards cell phones as an industry but due to the competition
         | such as it is, it 's mostly being spent on more aggressive GTM
         | expenses.
        
         | ajsnigrutin wrote:
         | The're is a huge difference between telcos and social media
         | sites.
         | 
         | Anyone can make a new instagram... just write some code in your
         | free time, get (very lucky, and get) some VC to throw some
         | money into your company, and you become a new instagram... then
         | either get forgotten in a few years, or get bought for some
         | huge amount of money. Instagram had just 13(?) employees by the
         | time facebook bought them (or some other very low number, i
         | forgot).
         | 
         | But a telco? No way... virual operator maybe, but there's no
         | real money in that, but just starting to build basestations is
         | impossible, you need millions and millions to even get
         | frequencies, and you're already late for those, and there's
         | basically no realistic way for a new mobile operator to come to
         | an existing market now.
        
           | treis wrote:
           | T-Mobiles market cap is like 3% of Apple's. If there was ever
           | margin to be made Apple could swoop in like it was nothing.
        
             | ajsnigrutin wrote:
             | So, when will there be a new frequency auction for apple to
             | get frequencies? How much does it take to get a build
             | permits for each and every one of the new basestations
             | needed from every local municipality (or whatever governing
             | body gives out permits for that)? How long does it take to
             | get permits to dig out and over all the roads and raileways
             | to lay fiber for all those basestations?
             | 
             | Yes, apple has a lot of money, yes apple can buy T-mobile,
             | but for apple to build a tower in bumfuck alabama, that'll
             | take years and years of bureaucracy and pain, and there are
             | a lot of bumfucks around every country.
        
         | RamblingCTO wrote:
         | I always find it fascinating what monopolies are allowed in
         | other countries. As a European I can only shake my head at the
         | consolidation of the gaming industry right now. That would most
         | probably not be allowed here. How can two companies buy up
         | companies like Bungie and Activision? That's toxic to the
         | economy imho.
        
         | orlovs wrote:
         | Defining monopoly by marketshare is shallow. Best monopoly is
         | when your customers switching costs are high. Thats why some of
         | FAMG is with so good friends with Lawmakers. To provide
         | political protection.
         | 
         | I am not from US, but what I see from my experience there is
         | one huge problem with mergers (besides all other): too big to
         | fail. If you become systematical player like big banks and if
         | you intentionally or non-intentionally get in trouble. You will
         | be bailed out, not go bankrupt. This turns on God mode for
         | Corporations, this create intention become reckless. If big
         | banks would not be bailled out in 2008. Most likely we would
         | see at least some kind of fragmetation.
        
           | missedthecue wrote:
           | Still, going by that definition, changing carriers is pretty
           | frictionless. Even if you have a contract, competitors will
           | buy it out for you.
        
         | missedthecue wrote:
         | American cell company workers make more than their European
         | counterparts on gross basis. Is this adjusted for in the
         | comparison? Cellular companies have a _lot_ of employees and
         | comp makes up a huge portion of their cost structure. (ATT has
         | over 230,000, Verizon more than 130,000)
        
       | good-idea wrote:
       | Should they be squashing instead?
        
         | zentiggr wrote:
         | This looks entirely offtopic. Commenting on wrong post?
        
           | oplav wrote:
           | It sounds like a git joke about squashing vs merging.
        
           | blendergeek wrote:
           | It looks to me like GP may have commented without reading the
           | article. "Mergers ruin everything" could be misread as
           | "Merges ruin everything". Just reading the title could lead
           | someone to think this was a discussion about git best-
           | practices.
        
         | brimstedt wrote:
         | I was actually hoping for a nuanced view on code branch/merge
         | tactics.
         | 
         | Got any suggestions on the topic?
        
           | good-idea wrote:
           | I don't have any good resources off-hand (other than what
           | shows up in a quick search), but my "best practices" are to
           | always squash and keep PRs as small as possible.
           | 
           | When a working branch falls behind main, I prefer to rebase
           | it instead of merging from main to keep it up to date.
           | However, if you've already pushed your working branch to a
           | repo, after rebasing you need to `git push --force` - which
           | is a problem if there are others who have previously cloned
           | the working branch.
        
             | vincentmarle wrote:
             | Squashing also introduces problems when you are resolving
             | merge conflicts in your branch: squashing doesn't preserve
             | merge conflict resolution so you end up having to resolve
             | those conflicts again after merging.
        
             | codyb wrote:
             | Great comment and spot on. You can avoid the issue with
             | force by using `--force-with-lease` which won't push the
             | force if there've been changes upstream.
             | 
             | That's a bunch to type so I alias it to `fwl` In `~/.git
             | config` and use it after rebases.
        
       | misterbishop wrote:
       | Matt Stoller needs a new schtick. Monopoly is built-into
       | capitalism, but he loves capitalism. Capitalism without monopoly
       | is utopian.
        
         | dang wrote:
         | " _Please don 't post shallow dismissals, especially of other
         | people's work. A good critical comment teaches us something._"
         | 
         | https://news.ycombinator.com/newsguidelines.html
         | 
         | Also, please don't take HN threads further into generic
         | ideological battle--on internet forums, that's a step towards
         | repetitive, dumbed-down discussion that usually just turns
         | nasty.
         | 
         | https://hn.algolia.com/?dateRange=all&page=0&prefix=true&sor...
        
       | julienb_sea wrote:
       | There are coherent, legitimate reasons for some degree of
       | consolidation within industries. Technology sharing, combining
       | assets, reducing the overhead from separate operations and larger
       | scale in theory lead to a more efficient business, enabling cost
       | reductions that create both profits and a competitive advantage.
       | 
       | Consolidated industries can be highly competitive. An industry
       | with multiple large players is more competitive compared to a
       | single large player surrounded by many small players.
       | 
       | I acknowledge this is not uniformly the case. Mergers do
       | definitionally eliminate competition between the merged players
       | and efficiency gains do not always materialize. But, the broad
       | theory is well established and has shown success across
       | practically any industrial vertical.
        
         | Kinrany wrote:
         | It's worse: every possible advantage of mergers is a good thing
         | made impossible by competition. Mergers are a sign of the
         | market itself being inefficient.
        
       | oli5679 wrote:
       | This is a really thorough article on the topic [1]. Here is the
       | conclusion.
       | 
       | "American antitrust laws date from a time when changes in
       | transportation, communications, and manufacturing technologies
       | generated unprecedented economies of scale, fueling the rise of
       | industrial behemoths. Today, dramatic advances in information
       | technology, combined with globalization, are fueling the growth
       | of large and efficient "superstar firms" that are capturing a
       | growing share of economic activity. The emergence of the tech
       | titans is especially dramatic.
       | 
       | These economic conditions call for a reinvigoration of antitrust
       | enforcement in the United States to promote competition, protect
       | consumers and workers, and spur economic growth. These valuable
       | aims can be achieved by taking a tougher stance toward mergers
       | involving market leaders and by vigilantly preventing dominant
       | firms from engaging in conduct that excludes their rivals.
       | However, moving in that direction is a slow process, requiring
       | the antitrust enforcement agencies to take the lead and convince
       | inertial and possibly skeptical courts to follow. Those who
       | expect dramatic and rapid changes in antitrust will be
       | disappointed, unless new legislation is passed. Likewise, those
       | who expect antitrust to solve problems unrelated to competition
       | will be disappointed. Stronger antitrust enforcement, while
       | needed, is not a substitute for badly needed regulations directed
       | at reducing the political influence of corporations, protecting
       | privacy and data security, and limiting the spread of
       | disinformation."
       | 
       | [1] https://pubs.aeaweb.org/doi/pdfplus/10.1257/jep.33.3.69
        
         | Spooky23 wrote:
         | Positive progress is not going to happen anytime soon.
         | 
         | When the more reactionary members of the legal profession moved
         | beyond the various topics that interested then in the 50s and
         | 60s, the new generation moved on to business matters, as big
         | companies were getting tired of dealing with unions and tight
         | regulatory controls.
         | 
         | Over time, the interpretation of the antitrust law was changed
         | by "judicial legislation" to narrowly define monopolies to a
         | standard involving price increases for consumers. That's why
         | the government allows, say oil distribution infrastructure to
         | regionally consolidate to two players, while Staples and
         | OfficeMax cannot merge despite their irrelevance.
         | 
         | The current system incentives cartels. So when Microsoft buys
         | Walmart or Google buys Verizon, that will be fine. 20 years
         | from now, 80% of consumer spending will probably be directed at
         | a half dozen companies.
         | 
         | Eventually, something really bad will happen. The US will get
         | spanked in a war, a regional natural disaster will trigger a
         | famine, etc. At that point, maybe you'll see some change. But
         | change is slow - the US House passed anti-lynching legislation
         | for like 40 years and it never got out of Senate committee
         | until Lyndon Johnson championed it.
        
           | elcritch wrote:
           | There was a lot of progress in the 1910's, iirc. It's
           | possible that enough people will become frustrated enough to
           | lobby for effective change. Generally that requires a few
           | leaders capable of capturing the angst in a useful way.
        
             | voidfunc wrote:
             | People are significantly more exposed to the stock market
             | these days than in 1910.
             | 
             | Considering tons of people's 401k's are basically made up
             | of the biggest companies in the US thanks to index funds
             | there is a lot of incentive to not fuck with those
             | companies.
             | 
             | If any leaders gets really serious about breaking up some
             | of the Big Tech companies you'll see enormous pressure to
             | get them out of office ASAP.
        
               | maxwell wrote:
               | Google's brand protection racket [1] and manipulation of
               | ad exchanges [2] has resulted in lost economic activity.
               | Apple's crippling of the iOS ecosystem [3] has resulted
               | in lost economic activity. Breaking them up should raise
               | overall economic activity, nationally and globally, along
               | with actually increasing the value of the Baby Googs and
               | Apple Seeds, as previously with Standard Oil and, until
               | allowed to reassemble in '96 [4], AT&T.
               | 
               | I would think that index funds vs. individual stocks
               | would translate to investors caring less about particular
               | firms and more about economic activity and the resulting
               | increases in asset values.
               | 
               | Pressured out of office? Most U.S. politicians have now
               | spoken out against Big Tech, the Department of Justice
               | and several states have active antitrust suits, a House
               | report concluded that Amazon, Facebook, Apple, and Google
               | have monopoly power and should be split up [5], etc.
               | 
               | 1. https://altitudemarketing.com/blog/competitors-buying-
               | my-nam...
               | 
               | 2. https://www.wired.com/story/google-antitrust-ad-
               | market-lawsu...
               | 
               | 3. https://docs.house.gov/meetings/JU/JU05/20190716/10979
               | 3/HHRG...
               | 
               | 4. https://en.wikipedia.org/wiki/Telecommunications_Act_o
               | f_1996...
               | 
               | 5. https://arstechnica.com/tech-policy/2020/10/house-
               | amazon-fac...
        
               | dragonwriter wrote:
               | > People are significantly more exposed to the stock
               | market these days than in 1910.
               | 
               | [citation needed]
               | 
               | > Considering tons of people's 401k's are basically made
               | up of the biggest companies in the US
               | 
               | When defined benefit (pension) funds dominated private
               | retirement, guess what they held? (And if you say "but
               | people weren't exposed to risk, because 'defined
               | benefit'", guess what happened when funds failed...)
        
               | xnyan wrote:
               | >People are significantly more exposed to the stock
               | market these days than in 1910
               | 
               | >Considering tons of people's 401k's
               | 
               | I'm surprised to hear this, because my understanding is
               | the opposite. Something like 60% of Americans have a
               | 401k, but the numbers for how much they have in them is
               | grim. Almost everyone is underfunded, less than 20% of
               | Americans made a contribution last year, and overall 9/10
               | stocks are owned by about 1/10th of the population (and
               | rising).
               | 
               | >If any leaders gets really serious about breaking up
               | some of the Big Tech companies you'll see enormous
               | pressure to get them out of office ASAP.
               | 
               | Even if it did tank 401ks, I don't think you can be so
               | sure about the public reaction to it. I can't claim to
               | perfectly understand human behavior, but I'm very
               | confident that it not well predicted simply by applying a
               | value-based analysis.
        
           | elliekelly wrote:
           | > Over time, the interpretation of the antitrust law was
           | changed by "judicial legislation" to narrowly define
           | monopolies to a standard involving price increases for
           | consumers.
           | 
           | And many of today's biggest tech companies largely get a pass
           | because antitrust law focuses on price and ignores all other
           | negative externalities that result from monopolistic behavior
           | like quality, timeliness, ease of access to customer service,
           | user privacy, and corporate social responsibility. But the
           | product is "free" so how can the consumer possibly derive any
           | further benefit?(/s)
           | 
           | When there is competition in a market not only do prices fall
           | but the customer experience improves. Businesses don't (and
           | can't) compete on price. They compete on _value_. But US
           | antitrust law ignores value entirely and consumers everywhere
           | pay the price.
        
           | billjings wrote:
           | > Eventually, something really bad will happen. The US will
           | get spanked in a war, a regional natural disaster will
           | trigger a famine, etc. At that point, maybe you'll see some
           | change. But change is slow - the US House passed anti-
           | lynching legislation for like 40 years and it never got out
           | of Senate committee until Lyndon Johnson championed it.
           | 
           | Bad things like... a supply chain crisis:
           | 
           | https://prospect.org/economy/we-were-warned-about-the-ports/
        
         | AnthonyMouse wrote:
         | > Likewise, those who expect antitrust to solve problems
         | unrelated to competition will be disappointed. Stronger
         | antitrust enforcement, while needed, is not a substitute for
         | badly needed regulations directed at reducing the political
         | influence of corporations, protecting privacy and data
         | security, and limiting the spread of disinformation.
         | 
         | This is wrong. The "political influence of corporations" comes
         | from their size and vertical integration. Google has outsized
         | influence in politics because it controls the dominant search
         | engine and YouTube etc., which gives political influence to
         | every other subsidiary of the same company in a way that would
         | not occur if they were independent entities.
         | 
         | Privacy and security problems are proportional to size. Bigger
         | entities attract stronger attacks (because the benefit to the
         | attacker is larger) and then more people are compromised at
         | once.
         | 
         | Misinformation is primarily a problem as a result of filter
         | bubbles that prevent people from hearing the rebuttal to
         | incorrect arguments. Diversity of information distribution
         | addresses this.
        
           | [deleted]
        
       | [deleted]
        
       | summari wrote:
       | Quick summary of this for those short on time looking to get the
       | gist.
       | 
       | https://share.summari.com/mergers-ruin-everything
        
         | samgtx wrote:
         | What a neat little tool that is. Bookmarked.
        
       | perlgeek wrote:
       | Today I learned that in the US, cheerleading is an industry. I
       | always thought this was mostly done by enthusiastic school and
       | college kids, not much money in it. How naive of me :-)
        
         | [deleted]
        
         | evancox100 wrote:
         | It is mostly done by enthusiastic students, Varsity's monopoly
         | is in the apparel, supplies, and accessories that said students
         | purchase.
        
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       (page generated 2022-02-04 23:01 UTC)