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#shermanact — Public Fediverse posts

Live and recent posts from across the Fediverse tagged #shermanact, aggregated by home.social.

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  1. Earlier this year, The Department of Justice + eight states filed an antitrust enforcement action against RealPage, charging it w/ using an #algorithm to organize & coordinate a scheme among apartment landlords to inflate rental prices in violation of the #ShermanAct: cdt.org/insights/justice-depar

  2. Earlier this year, The Department of Justice + eight states filed an antitrust enforcement action against RealPage, charging it w/ using an #algorithm to organize & coordinate a scheme among apartment landlords to inflate rental prices in violation of the #ShermanAct: cdt.org/insights/justice-depar

  3. Earlier this year, The Department of Justice + eight states filed an antitrust enforcement action against RealPage, charging it with using an #algorithm to organize & coordinate a scheme among apartment landlords to inflate rental prices in violation of the #ShermanAct. cdt.org/insights/justice-depar #AI #competition

  4. Earlier this year, The Department of Justice + eight states filed an antitrust enforcement action against RealPage, charging it with using an #algorithm to organize & coordinate a scheme among apartment landlords to inflate rental prices in violation of the #ShermanAct. cdt.org/insights/justice-depar #AI #competition

  5. More US history we don't know: John Sherman's anti-trust act. The Other Sherman’s March.
    "Though the National Telegraph Act has been often overlooked even by specialists in the field, it deserves to be remembered as the kind of law Sherman hoped to enact in 1890, had he been given the chance."
    #USGrant #UShistory #ShermanAct #antitrust
    portside.org/2024-10-26/other-

  6. #AntiTrust regulation against #BigTech would actually be a MAJOR thing.

    Comparable to what happend in the 19th/ early 20th century in the #USA.

    "The #ShermanAct also makes it illegal to #monopolize, conspire to monopolize, or attempt to monopolize a #market for products or services."

    Even "attempt to" .. hui.

    But I really, really can't see any situtation how that's gonna happen within #NeoLiberalism.

    Nooo fucking way!

  7. #AntiTrust regulation against #BigTech would actually be a MAJOR thing.

    Comparable to what happend in the 19th/ early 20th century in the #USA.

    "The #ShermanAct also makes it illegal to #monopolize, conspire to monopolize, or attempt to monopolize a #market for #products or #services."

    justice.gov/atr/antitrust-laws

    Even "attempt to" .. hui.

    But I really, really can't see any situtation how that's gonna happen within #NeoLiberalism.

    Nooo fucking way!

  8. Judge rules against users suing Google and Apple over “annoying” search results - Enlarge (credit: SOPA Images / Contributor | LightRocket)

    Whil... - arstechnica.com/?p=2001666 #onlineadvertising #searchengines #antitrustlaw #onlinesearch #sundarpichai #defaultdeal #shermanact #antitrust #timcook #policy #google #safari #apple

  9. Judge rules against users suing Google and Apple over “annoying” search results - Enlarge (credit: SOPA Images / Contributor | LightRocket)

    Whil... - arstechnica.com/?p=2001666 #onlineadvertising #searchengines #antitrustlaw #onlinesearch #sundarpichai #defaultdeal #shermanact #antitrust #timcook #policy #google #safari #apple

  10. CW: Long thread/5

    If there was any doubt that Congress created the agencies as flexible, adaptive hedges against new threats, then the history of the #FTCAct should dispel it.

    Congress created the #FTC through the FTCA because the courts kept misinterpreting its existing #antitrust laws, like the #ShermanAct. Companies would engage in the most obvious acts of naked, catastrophic fuckery, and judges would say, "Welp, because Congress didn't *specifically* ban this conduct, I guess it's OK."

    5/

  11. CW: Long thread/5

    If there was any doubt that Congress created the agencies as flexible, adaptive hedges against new threats, then the history of the #FTCAct should dispel it.

    Congress created the #FTC through the FTCA because the courts kept misinterpreting its existing #antitrust laws, like the #ShermanAct. Companies would engage in the most obvious acts of naked, catastrophic fuckery, and judges would say, "Welp, because Congress didn't *specifically* ban this conduct, I guess it's OK."

    5/

  12. CW: Long thread/9

    The company's made it clear that they intend to tie this up in the courts for a decade if they can, claiming, for example, that Trump's amnesty for corporate tax-cheats means the company doesn't have to give up a dime.

    This gambit has worked for Microsoft before. After seven years in #antitrust hell in the 1990s, the company was eventually convicted of violating the #ShermanAct, America's bedrock competition law.

    9/

  13. CW: Long thread/9

    The company's made it clear that they intend to tie this up in the courts for a decade if they can, claiming, for example, that Trump's amnesty for corporate tax-cheats means the company doesn't have to give up a dime.

    This gambit has worked for Microsoft before. After seven years in #antitrust hell in the 1990s, the company was eventually convicted of violating the #ShermanAct, America's bedrock competition law.

    9/

  14. CW: Long thread/5

    When Robert Sherman was stumping for the passage of the #ShermanAct, America's first major antitrust law, he thundered "If we will not endure a King as a political power we should not endure a King over the production, transportation, and sale of the necessaries of life. If we would not submit to an emperor we should not submit to an autocrat of trade with power to prevent competition and to fix the price of any commodity":

    pluralistic.net/2022/02/20/we-

    5/

  15. CW: Long thread/5

    When Robert Sherman was stumping for the passage of the #ShermanAct, America's first major antitrust law, he thundered "If we will not endure a King as a political power we should not endure a King over the production, transportation, and sale of the necessaries of life. If we would not submit to an emperor we should not submit to an autocrat of trade with power to prevent competition and to fix the price of any commodity":

    pluralistic.net/2022/02/20/we-

    5/

  16. CW: Long thread/22

    This pricing is a *per se* antitrust violation of Section 2 of the #ShermanAct, America's original #antitrust law. That's important because Sherman 2 is one of the few antitrust laws that we never stopped enforcing, unlike the laws banning predator pricing:

    ilr.law.uiowa.edu/sites/ilr.la

    Uber claims an 11% margin improvement. 6-7% of that comes from algorithmic price discrimination and service cutbacks, letting it take 29% of every dollar the driver earns (up from 22%).

    22/

  17. CW: Long thread/22

    This pricing is a *per se* antitrust violation of Section 2 of the #ShermanAct, America's original #antitrust law. That's important because Sherman 2 is one of the few antitrust laws that we never stopped enforcing, unlike the laws banning predator pricing:

    ilr.law.uiowa.edu/sites/ilr.la

    Uber claims an 11% margin improvement. 6-7% of that comes from algorithmic price discrimination and service cutbacks, letting it take 29% of every dollar the driver earns (up from 22%).

    22/

  18. Few therapists will do so -- but we could get away with concierge fees like doctors. My old primary care doctor took insurance AND had a low concierge fee. I was happy to pay it.

    My old business partner and I used to half-joke about having a "Cigna Fee". At that time Cigna was being so much of a pain with billing and third party credit card payments that we were paying significant money to an outside biller in hourly fees to sort their mess out. I think we could have gotten away with it -- the plan was to have a fairly low one-time or once per year fee about equal to an hour of a biller's time.

    #psychology #counseling #socialwork #psychotherapy @psychotherapist @psychology @socialpsych @socialwork #union #unionizing #pay #healthcare #reimbursement #ShermanAct #APA #ACA #NCSW #inflation #wages @psychiatry

  19. CW: Long thread/5

    A century after overthrowing the King, America had new kings: "kings over the production, transportation and sale of the necessities of life". That's how Senator John Sherman described the situation in 1890, when he was campaigning for the passage of the #ShermanAct, the first "anti-trust" act.

    5/

  20. CW: Long thread/5

    A century after overthrowing the King, America had new kings: "kings over the production, transportation and sale of the necessities of life". That's how Senator John Sherman described the situation in 1890, when he was campaigning for the passage of the #ShermanAct, the first "anti-trust" act.

    5/

  21. CW: Long thread/54

    In other words, rather than using market mechanisms too constrain platform twiddling, Dubal just wants to make certain kinds of twiddling illegal. This is a growing trend in legal scholarship. For example, the economist #RamsiWoodcock has proposed a ban on surge pricing as a *per se* violation of Section 1 of the #ShermanAct:

    ilr.law.uiowa.edu/print/volume

    54/

  22. CW: Long thread/54

    In other words, rather than using market mechanisms too constrain platform twiddling, Dubal just wants to make certain kinds of twiddling illegal. This is a growing trend in legal scholarship. For example, the economist #RamsiWoodcock has proposed a ban on surge pricing as a *per se* violation of Section 1 of the #ShermanAct:

    ilr.law.uiowa.edu/print/volume

    54/

  23. CW: Long thread/9

    This pretense of mathematical perfection through monopoly ignores the problem that anti-monopoly laws seek to address, namely, the corrupting influence of monopolists, who wield *power* to control markets and legislatures alike. As Sen John Sherman famously said in arguing for the #ShermanAct: "If we will not endure a King as a political power we should not endure a King over the production, transportation, and sale of the necessaries of life."

    marker.medium.com/we-should-no

    9/

  24. CW: Long thread/9

    This pretense of mathematical perfection through monopoly ignores the problem that anti-monopoly laws seek to address, namely, the corrupting influence of monopolists, who wield *power* to control markets and legislatures alike. As Sen John Sherman famously said in arguing for the #ShermanAct: "If we will not endure a King as a political power we should not endure a King over the production, transportation, and sale of the necessaries of life."

    marker.medium.com/we-should-no

    9/

  25. These wages no doubt look pretty good to some people. A few points about that:

    a) Psychotherapists are paying off student loans for masters and doctoral degrees.
    b) These are pay rate examples for self-employed psychotherapists. Rent, utilities, overhead, vacations, and sick time all come out of our own pockets. These rates are not take-home pay -- we are contractors, not employees.

    I now know people in their 30s making $85K in public relations and marketing who feel underpaid. I have a former Medicaid client now making $120K (and gods bless, they deserve every penny). Other therapists I talk to point out:

    -- moonlighting teachers command $90/hr. for tutoring

    -- hairdressers, dog groomers and tutors get paid in cash and don’t have to carry liability insurance or be on call

    -- "$65-$75 per head for cut & blow dry in my suburban area. Approximately a 30-45 min service. No waiting 30-45 days to be paid. Cash in hand. No notes to keep. No files to maintain. No clawbacks. Not on call for emergencies."

    -- "Ins fees for 90834 range from $48 for the market place plan to about $80-$84 for BCBS. The average fee appears to be about $67 to $77." [This varies by area of the USA.]

    Doctors, nurses, and other healthcare professionals have plenty of problems -- but seem to do better in pay negotiations. Teachers are underpaid, but largely get to benefit from unions. Psychotherapists need either the ability to organize/unionize -- or national associations with the money and capabilities to fight for better wages and take on big-money insurance interests.

    -- Michael

    #psychology #counseling #socialwork #psychotherapy @psychotherapist @psychology @socialpsych @socialwork #union #unionizing #pay #healthcare #reimbursement #ShermanAct #APA #ACA #NCSW #inflation #wages #insurance #healthinsurance

    @Email2TootBot

  26. CW: Long thread/10

    There have been lots of other abusive "platform" businesses in the past - famously, 19th century railroads and their #RobberBaron owners were so obnoxiously abusive that they spawned the #trustbusting movement, the #ShermanAct, and modern competition law. Did the rail barons do enshittification, too?

    10/

  27. CW: Long thread/10

    There have been lots of other abusive "platform" businesses in the past - famously, 19th century railroads and their #RobberBaron owners were so obnoxiously abusive that they spawned the #trustbusting movement, the #ShermanAct, and modern competition law. Did the rail barons do enshittification, too?

    10/

  28. CW: Long thread/9

    That is, Bork claimed that a close reading of existing antitrust laws - the #ShermanAct, the #ClaytonAct, the #FTCAct - would reveal that Congress didn't want regulators or judges to prevent or break up monopolies. No no no! These laws were only drafted to punish *bad* monopolies.

    A "bad monopoly" is one that uses its market power to raise prices or lower quality.

    9/

  29. CW: Long thread/9

    That is, Bork claimed that a close reading of existing antitrust laws - the #ShermanAct, the #ClaytonAct, the #FTCAct - would reveal that Congress didn't want regulators or judges to prevent or break up monopolies. No no no! These laws were only drafted to punish *bad* monopolies.

    A "bad monopoly" is one that uses its market power to raise prices or lower quality.

    9/

  30. @chin “slam-dunk Sherman Act §2 violation”. I’m having trouble figuring that. (Not endorsing appalling conduct of #BirdSite but wondering about #ShermanAct analysis…)