No images? Click here Welcome to The Corner. In this issue, we discuss President Biden's address to Congress and his hints at transforming U.S. industrial policy and detail the Federal Trade Commission's newly released report on right to repair. In His Address to Congress, Biden Hints at Transforming U.S. Industrial Policy Last week President Joe Biden delivered his first speech to a joint session of Congress in an attempt to build support for an economic agenda designed not only to restart the economy after the COVID-19 pandemic but also to address decades of slow growth. A main part of Biden’s agenda is the American Jobs Plan, a $2.3 trillion-dollar public investment program that promises a major shift in how the U.S. manages industrial policy. “Throughout our history,” Biden said “public investment in infrastructure has literally transformed America — our attitudes as well as our opportunities.” But as welcome as these plans may be, there’s no indication the Biden administration has recognized that for industrial policy to work, there must be both a robust competition policy and smart corporate governance policies designed to limit the power of financiers over industrial activity. As Cornell University Law professor Saule Omarova put it in an interview, “We can’t push money into the economy and let private equity and Wall Street take control of it rather than democratically elected institutions.” The United States has, in fact, always had some sort of industrial policy. For most of our history, that policy was dominated by the people, acting through government to achieve certain political, social, economic, and national security goals. During the neoliberal revolution of the 1980s and 1990s, industrial policy in America was transformed. The Reagan and Clinton administrations shifted fundamental decision-making power over America’s industrial activity from the state to the private corporation and investment fund. Chief among the specific decisions that shifted power to private actors were the radical relaxation of antimonopoly law and trade policy, the shift of control over the corporation from professional management to absentee shareholders, and the radical strengthening of patent and other intellectual property law. These changes resulted in mass corporate consolidation, the offshoring of critical industries to monopolists, a sharp decline in innovation, and a dramatic shift of wealth from the middle class to the rich. Biden last week described this new industrial policy as “investments only the government can make,” and cited the effectiveness of programs like the Defense Advanced Research Projects Agency (DARPA) and the National Institutes of Health (NIH). These institutions were built to implement industrial policy rather than allow monopolists and private interests, in the pursuit of short-term economic gain, dictate and determine the path forward for our nation’s most critical industries. Biden alluded to how DARPA helped lead to the discovery of the internet and global positioning systems. Other examples include the NIH leading the development of major vaccines and drugs. One of the biggest challenges and tasks for the administration is coming up with an institutional solution to facilitate more of these advances, such as creating a public entity that would act as a National Investment Authority (NIA). This idea, advocated by scholars such as Omarova, could control the process and make sure Americans benefit. An NIA would allocate public and private capital to areas of the economy dealing with national priorities, such as tackling climate change or enhancing national security. “If there are gains, they should not go to private equity or Wall Street but instead to the rest of us,” says Omarova. FTC Releases Report on Right to Repair – It’s an Excellent Start
The FTC released its long-awaited report to Congress on Right to Repair on Thursday. The report is a critical step to ensure that people be provided the means and ability to repair their goods. The report appeared to clearly draw on the research, testimony, and advocacy on Right to Repair by the Open Markets Institute and allies including U.S. PIRG, iFixit, and the Repair Association. The report details how restricted repair practices can harm consumers (particularly those in poor communities and communities of color) by raising repair costs and by decreasing product lifespan. The FTC also strongly noted the damaging effects such practices can have on the environment. The commission wrote that “extending the life of consumer products unquestionably delays these products’ entry into the waste stream and reduces the amount of energy used to generate replacement products.” Importantly, the FTC details how the agency can use its rule-making authority under the Magnuson-Moss Warranty Act and Section 5 of the FTC Act to prohibit unfair and restrictive repair practices. The commission also spent several pages explaining how antitrust law is a tool at its disposal to create a more open repair environment for consumers. This section especially appears to draw from Open Markets’ submissions. But the commission fell short of a full analysis of the intersection between monopolization and restrictions on repair. The commission did not, for instance, detail how restricted repair practices can be a direct indication and expression of monopoly power. For more, be sure to check out some of our previous publications:
🔊 ANTI-MONOPOLY RISING:
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BARRY LYNN’S NEW BOOK
Liberty From All Masters The New American Autocracy vs. The Will of the People St. Martin’s Press has published Open Markets Executive Director Barry Lynn’s new book, Liberty from All Masters. Liberty is Lynn’s first book since 2010’s Cornered. In his new work, Lynn warns of the threat to liberty and democracy posed by Google, Amazon, and Facebook, because of their ability to manipulate the flows of information and business in America. Barry then details how Americans over the course of two centuries built a “System of Liberty,” and shows how we Americans can put this system to work again today. Lynn also offers a hopeful vision for how we can use anti-monopoly law to rebuild our society and our democracy from the ground up. Liberty from All Masters has already made waves for its empowering call to restore democracy by resurrecting forgotten tools and institutions. “Very few thinkers in recent years have done more to shift debate in Washington than Barry Lynn. In Liberty from All Masters, he proves himself as a lyrical theorist and a bold interpreter of history. This book is an elegant summoning of a forgotten tradition that can help the nation usher in a new freedom,” says Franklin Foer, author of World Without Mind and national correspondent for The Atlantic. You can order your copy of Lynn’s book here.
SALLY HUBBARD’S NEW BOOK
MONOPOLIES SUCK 7 Ways Big Corporations Rule Your Life and How to Take Back Control Simon & Schuster published Monopolies Suck by Sally Hubbard on Oct. 27. The book is the first by Hubbard, who is Open Markets’ director of enforcement strategy. Hubbard examines how modern monopolies rob Americans of a healthy food supply, the ability to care for the sick, and a habitable planet, because monopolies use business practices that deplete rather than generate. Monopolists also threaten fair elections, our free press, our privacy, and, ultimately, the American Dream, Hubbard shows. In Monopolies Suck, Hubbard reminds readers that antitrust enforcers already have the tools to dismantle corporate power and that decisive action must be taken before monopolies undermine our economy and democracy for generations to come. In Monopolies Suck, Sally provides an important new view of America’s monopoly crisis and of the political and economic harms of concentrated private power. Order your copy here. 🔎 TIPS? COMMENTS? SUGGESTIONS? We would love to hear from you—just reply to this e-mail and drop us a line. Give us your feedback, alert us to competition policy news, or let us know your favorite story from this issue. |