67 points hashmap 3 hours ago 38 comments
hashmap 3 hours ago | parent
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> Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
> Sec. 1. Every contract, combination in the form of trust or other- wise, or conspiracy, in restraint of trade or commerce among the several States, or with foreign nations, is hereby declared to be illegal. Every person who shall make any such contract or engage in any such combination or conspiracy, shall be deemed guilty of a misdemeanor, and, on conviction thereof, shall be punished by fine not exceeding five thousand dollars, or by imprisonment not exceeding one year, or by both said punishments, at the discretion of the court.
> Sec. 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 misdemeanor, and, on conviction thereof; shall be punished by fine not exceeding five thousand dollars, or by imprisonment not exceeding one year, or by both said punishments, in the discretion of the court.
combobyte 3 hours ago | parent
Something tells me that's not gonna do much to dissuade the AI cartels...
actionfromafar 3 hours ago | parent
bobajeff 3 hours ago | parent
Wow, I believe violating Section 1201 of the DMCA carries a stiffer penalty these days.
guelo 3 hours ago | parent
legitster 3 hours ago | parent
Anthropic is engaging in some product engineering to level set their offerings against each other.
I'm not sure I am understanding the connection you are trying to make.
jdale27 3 hours ago | parent
legitster 3 hours ago | parent
Uhhhh... that seems like quite a logical leap. "The only reason Apple doesn't release a faster phone is so other companies can't copy it."
Antitrust generally does not compel companies to make product lineup decisions, especially if the industry itself is acting quite competitively.
nullc 25 minutes ago | parent
There is no legitimate purpose to restrict the ability to optimize accelerator kernels except to inhibit competition in this space-- it is the most benign and harmless act imaginable. There is at least some debate to be had about things like computer-security capabilities, but nothing is being damaged by AI inference being made 10% faster except the ability of market leaders to extract rents.
guelo 3 hours ago | parent
2. Anthropic doesn't have much market power. The competition is intense.
3. Anthropic doesn't have a legal requirement to provide it's strongest internal model to competitors.
legitster 3 hours ago | parent
The reality is that the law itself was not very well written, and takes an extremely litigious executive branch to do anything with.
Even if you agreed with the premise (the idea that Standard Oil arose purely through conspiracy is clearly wrong), it's ultimately a very ticky tacky set of definitions and has failed to achieve anything meaningfully as policy (do we actually feel strongly that breaking Microsoft's productivity suite from their OS division was really worth all the effort?)
(The notable exceptions being actual illegal coordination - like was recently uncovered in the egg industry. But these have more to do with price fixing amongst competitors and less with actual Trusts/Monopolies)
The only practical way that countries have tackled monopolies has been to write legislation that specifically puts oversight on that industry.
readthenotes1 2 hours ago | parent
E.g., while the 25th amendment prohibits someone from being elected president more than twice, it does not prohibit succession into presidency, such as by becoming the Speaker of the House (which position does not require one being a US Representative in the House) and President and Vice President resigning. That may seem unlikely or an outlier but on a site like hackers news, I would assume that we would relish the outliers that have bedeviled our software career
jscd 2 hours ago | parent
I wholly disagree that it failed to achieve anything meaningfully as policy, though. Under Sherman AT&T was split, which, before the baby bells all merged back together to create the present oligopoly, provided a much more competitive landscape for the telecom industry. And who knows what we would have seen if the original Microsoft decision was held up calling for a break up, instead of the neutered decision we saw come out of their appeal.
hypercube33 34 minutes ago | parent
Animats 2 hours ago | parent
If you just grow to being #1 without acquiring your big competitors, that's generally OK in the US. It's competition, not collusion. Google never acquired Yahoo or Bing. Facebook never acquired Myspace or Twitter. So there was no key merger to block.
European Union antitrust policy is based more on the goal of having several major competitors, so there's price competition. An EU study indicates that, below four competitors, the leaders tend to implicitly collude. But in industries with strong network effects, it's hard to have many big competitors.
A modern summary from a law firm: [2]
[1] https://en.wikipedia.org/wiki/United_States_antitrust_law
[2] https://www.arnoldporter.com/en/perspectives/publications/20...
arlattimore 2 hours ago | parent
They did acquire Instagram & Whatsapp, which their internal communications show was to block competition of a credible threat despite clever legal maneuvering to have the FTC antitrust case dismissed.
legitster 1 hour ago | parent
SaltyBackendGuy 49 minutes ago | parent
legitster 1 minute ago | parent
There's an alternate reality where Facebook fell off, and Instagram never monetized and died like the dozen other competitors it had.
If it was as easy as "industry consolidation is bad" we could write simple legislation to make it illegal for a company to buy another company - but there are too many counter-examples where the alternatives to acquisition is worse.
collinmcnulty 31 minutes ago | parent
cryptonector 1 hour ago | parent
jauntywundrkind 2 hours ago | parent
pavlov 1 hour ago | parent
The antitrust attention distracted Microsoft so badly in the early 2000s that it completely gimped their ability to leverage Internet Explorer’s dominance, thus opening the door for new browsers like Firefox (née Firebird) and Chrome.
So yes, it was actually critical in creating the conditions for an open Web 2.0.
It wasn’t just the US antitrust of the late 1990s, but the EU also had their own legal challenge that targeted IE specifically. This doesn’t get enough credit IMO — the combination was powerful enough to break Microsoft’s hold on the market. Of course SV libertarian types would prefer to write it out of history and say the market sorted this one out on its own.
(Kids these days don’t remember when Mac OS X shipped with Internet Explorer as the only browser…)
Refreeze5224 29 minutes ago | parent
I'm reminded of what that notorious old socialist Adam Smith said about this:
“People of the same trade seldom meet together, even for merriment and diversion, but the conversation ends in a conspiracy against the public, or in some contrivance to raise prices.”
jonstewart 2 hours ago | parent
usernomdeguerre 2 hours ago | parent
legitster 2 hours ago | parent
iPhones dominate the cellphone market? You now have to figure out a way to split the manufacturing and selling of iPhones across multiple different entities. Consumers end up with a handful of worse products that all cost more.
When AT&T was split up, it was just turned into a bunch of smaller regional monopolies that were in a lot of ways worse. It also forced the closure of Bell Labs - one of the most important R&D powerhouses in the US. (Most of these regional monopolies would end up merging back into bigger monopolies over time anyway)
owisd 1 hour ago | parent
upboundspiral 2 hours ago | parent
One thing I wish being a public company entailed was having a set of internal shares that are distributed only to the people working there, that allowed them to vote on board members / top leadership positions. For example, Amazon currently abuses its delivery staff, but I suspect this is a policy that is not endorsed by the majority of Amazon employees. In a democratic public company, there would be a feedback loop that enables the employees to have a voice.
I see this as a way of having built in regulation, where the government doesn't need to pass laws that are continuously becoming outdated but instead giving the people on the ground the ability to fight for their rights.
I don't see it as useful for small companies, but I agree that a large enough company should be forced to be public + democratic. Going from the rule of the rich to the rule of the people that work there.
rtkwe 29 minutes ago | parent
za_creature 21 minutes ago | parent
It sounds great in theory, but how do you deal with new hires? If you don't give them a vote, then it's slavery. If you do give them a vote, then how do you decide who to hire? If it's up to HR, how frequently do you vote for HR? Do new hires get to vote for HR?
dimitrios1 14 minutes ago | parent
Also, in kind of an uno-reverso, Germany kind of did something simlar being described here, but in a much different fashion with Volkswagon: https://en.wikipedia.org/wiki/Volkswagen_Act which notably traded short term shareholder pressure for long term stability. It's had the unfortunate reality (hindsight of course) of being the very thing that may be leading to Volkswagons current severe economic crisis.
aag 2 hours ago | parent