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It's not complicated. But for some reason everyone misses the obvious. You go after the people responsible for taking these actions, not the "company" itself as an ethereal creation. If someone (or multiple people, as here) are in violation of Title 15, they are committing felonies according to the law. These felonies happen to be punishable by up to 10 years in prison, in addition to steep fines. However, the fines for the people who would be found guilty wont' make a dent so it won't deter them. Which is why you send them to jail. And, BTW, that's 10 years per count. If, for example these people are found guilty of multiple violations, send them to jail for a decade for each violation. Problem solved. No executives would be engaging in this activity anymore. And Title 15 definitely, absolutely supports the prosecution of both companies as entities and the individuals behind it. It also makes the mere attempt to monopolize any aspect of trade or business a felony. You don't even have to succeed - you just need to try to fuck people over. Also, it should be noted that harm does not need to be proved under this law. This was by design because the original architects of these antitrust laws recognized that prices could actually be lower because 1) they can afford to seek lower profit margins due to size/scale or that 2) these large companies can subsidize a business unit with a more profitable one to destroy competitors in the other. This is the tactic Amazon is using. Amazon has small profits margins when you look at the company as a whole. If you look at the retail business, which is what they are most famous for, they have staggering losses every quarter, usually to the tune of 15-20% for that massive business unit. If they didn't have their other business units they would be force to raise product prices and fees substantially just to break even, let alone profit. What Amazon is doing in this regard is supposedly illegal. Like blatantly, black-letter-law illegal - and has been for around 100 years. Yet no one is prosecuting them. That doesn't even touch upon the crap they do with sales taxes and determining nexus. And let's not forget that for anything Amazon sells on its own marketplace they won't face their marketplace fees, which usually are around 15%. https://www.law.cornell.edu/uscode/text/15/2 "Every person who shall monopolize, or attempt to monopolize, or combine or conspire with any other person or persons, to monopolize any part of the trade or commerce among the several States, or with foreign nations, shall be deemed guilty of a felony, and, on conviction thereof, shall be punished by fine not exceeding $100,000,000 if a corporation, or, if any other person, $1,000,000, or by imprisonment not exceeding 10 years, or by both said punishments, in the discretion of the court." And the term "person" includes both companies/entities as well as people.
"The term “person” means a natural person or an organization."
https://www.law.cornell.edu/definitions/uscode.php?width=840... Send these pricks to jail. |
You have to go to the root of the problem to solve it, and the root is that corps are fundamentally driven towards monopolistic practices by competition. If it's legal, and it improves the bottom line corps __have__ to do it. Not should or will, __have__ to. Because if they don't someone else will and they'll die.
Need to treat corps like the organisms that they are. More than the sum of their parts, and with their own agency.