In the News: Facebook’s Antitrust Case

I’m quoted, in French, in Paris’ Le Monde newpspaper about the FTC’s revised antitrust complaint against Facebook:

La FTC « joue sur les mots », abonde Ryan Young du think tank Competitive Enterprise Institute. Pour lui, l’autorité s’est juste « arrangée pour exclure TikTok, Twitter, Clubhouse, Discord, et d’autres de ce marché »« Tout marché est un monopole si vous le définissez de façon suffisamment étroite, et c’est la seule chose que la plainte de la FTC prouve réellement. »

An English-language version of the same story in Techxplore says:

But Ryan Young of the Competitive Enterprise Institute countered that the FTC complaint “relies heavily on wordplay” to define Facebook as a monopoly.

“It argues that Facebook dominates the market for ‘personal social networking services,’ then defines that term in just such a way that excludes TikTok, Twitter, Clubhouse, Discord and others from that market,” Young said.

“Any market is a monopoly if you define it narrowly enough, and that is the only thing the FTC’s complaint successfully proves.”

The Progressive Playbook? Thoughts on a Slippery Slope

Is there a master plan behind the blunders of governments? Or are politicians just making it up as they go along? The cabal model is tempting. A lot of people tend to believe that it is not enough for their opponents to wrong; they must also have bad intentions. But usually, less sinister explanations, such as fallible politicians responding to incentives, are a better guide to fixing today’s political mess.

For example, President Biden recently announced that he is asking the Federal Trade Commission to consider using antitrust enforcement to fight rising gas prices. The economist Jeff Eisenach tweeted in response:

The Progressive Play Book: Step 1: Use regulations to restrict supply. Step 2: Blame the oil companies for rising prices. Step 3: Invoke antitrust. Step 4: See e.g., CITCO, Pemex. We are at Step 3.

One should not read too deeply into tweets. They lack enough space either to explain nuances or to define terms clearly enough to prevent misunderstandings. Sometimes, people are just making a snarky point, and they don’t have room for a disclaimer in a 280-character tweet.

Any or all of these situations could be the case here, but Eisenach’s playbook theory tweet has a clear—and common—slippery-slope logic that is worth a closer look. This is not to single out Eisenach, but to highlight a tendency among people of all political persuasions: to assume bad motives and master plans where there probably aren’t any.

Progressives often favor adding new economic regulation, and rarely favor rolling them back. So, it makes sense that progressives would respond to rising gas prices—largely caused by regulations—with more regulations. In Eisenach’s playbook model, this story presumably repeats until the energy sector is nationalized, as with Pemex, which is owned by the Mexican government, and Citgo, in which the Venezuelan government has a stake (though it cannot benefit from Citgo’s U.S. holdings because of sanctions).

This isn’t entirely drawn from thin air. Sen. Bernie Sanders (D-VT) really has proposed nationalizing the energy industry. The Green New Deal may not be a serious proposal, but it really was introduced as legislation.

But is the slippery slope really so deliberate? Just like the GOP’s own populist extremists, the Democratic party’s progressive wing has a high decibel level, but lower numbers and influence. Yes, progressivism touts lofty ideals, such as economic equality, democracy, and environmental protection, but in practice, progressive policies tend to be less lofty and more concrete.

If some people are having trouble making ends meet, pass a law raising the minimum wage. If other people have too much money, raise their taxes. If rents are too high, use price controls or impose a moratorium on evictions. President Biden’s antitrust threat against oil producers is similarly direct. Gas prices are going up, so do something about it. Such moves don’t involve much abstract thought about long-term competitive processes, tradeoffs, unintended consequences, or rent-seeking—what economist Thomas Sowell calls thinking beyond stage one.

If anything, President Biden’s proposal mixes a layman’s misunderstanding of the 1970s oil shock from early in his career with today’s hottest political trends, such as inflation and antitrust. Availability bias is a far likelier driver for his proposal than a playbook to eventually nationalize the energy industry.

Inflation and high gas prices were important issues in the 1970s. The two are linked together in a lot of peoples’ minds to this day. Today, inflation is back over 5 percent and gas prices going up again. In his speech, President Biden even singled out OPEC, which is long past its prime as a global economic villain.

Another factor that makes the current gas price increase appear even starker is that prices are rising from a low starting point. On April 23, 2020,  gas prices averaged $1.77 per gallon, the lowest since the 2008 financial crisis. Since then, gas prices haves been on an upward trajectory, rising to $3.17 per gallon by August 16, 2021. While that is a sharp increase, thanks in large part to that low starting point, gas is still cheaper than it was for almost all of the period between 2011 and 2014.

Inflation is also not the main driver of rising gas prices. Inflation is what happens when the supply of money gets out of whack with the supply of goods and services. If it isn’t monetary, it isn’t inflation. Today’s inflation is likely responsible for about 10 cents per gallon of the price increase, out of roughly $1.40. Most of the rest comes from a mix of supply, demand, and bad regulations.

The Jones Act of 1920, which is essentially a Buy American bill for the maritime shipping industry, makes shipping domestic gas artificially expensive and increases reliance on imported oil. Both of these make gas prices higher and more volatile. The Biden administration’s decisions to deny drilling and pipeline permits and to raise some regulatory burdens are also raising prices and squeezing supply. These are not inflation, but they are raising prices.

Coincidentally, higher prices and restricted supply are the same indicators used in finding consumer harm in antitrust cases, adding potential confusion to any antitrust cases stemming from Biden’s proposal. His recently proposed carbon tariffs on imported oil would further worsen the problem.

Repealing existing regulations and walking back proposed burdens would do more to lower gas prices than adding new restrictions—but that would require admitting mistakes. Politicians generally prefer to shift the blame and then publicly punish some supposed bad guys. That is not a conspiracy; it is rational political behavior.

The state of politics is unhealthy. There are lot of changes needed at the cultural, institutional, and policy levels. While conspiratorial allegations of political playbooks and slippery slopes are tempting as explanations, a lot of bad policy simply involves politicians responding to the incentives they face with the limited knowledge they have—the same as everyone else does.

The economic recovery and the continuing long-run rise in living standards would be better served if reformers would focus their scarce resources on these, rather than on exposing sinister narratives that aren’t really there.

FTC Re-Files Facebook Antitrust Complaint

See also a CEI news release with statements from Jessica Melugin and me.

The Federal Trade Commission (FTC) submitted a revised antitrust complaint against Facebook today. In June, a judge threw out the initial complaint for not providing evidence that Facebook had a monopoly in anything. The FTC had until today to give it another try. The text of the amended complaint is here.

The new complaint has the same problem, and relies heavily on wordplay. The FTC argues that Facebook dominates the market for “personal social networking services,” which it defines in a way that excludes TikTok, Twitter, Clubhouse, Discord, YouTube, and others. By the FTC’s boutique market definition, Facebook’s biggest competitor is Snapchat.

Any market is a monopoly if you define it narrowly enough, and that is the only thing the FTC’s complaint successfully proves.

Real-world monopolies, as opposed to semantic monopolies, are characterized by rising prices, restricted supply, and slowed innovation. Facebook and its competitors show none of these characteristics. They are largely free to consumers. Advertisers pay to show their ads on Facebook and competing networks, but the prices they pay have fallen by half over the last decade—akin to a permanent 50 percent off sale compared to before Facebook got big.

Facebook is not able to restrict the supply of social networking services. New social networks are constantly rising, falling, and evolving, and Facebook cannot stop people from using them. Signing up for a competing service takes a minute or two and maybe a few dozen keystrokes. Many people also have multiple accounts on multiple social networks—how many people do you know who use both Facebook and Twitter, for example?

As for innovation, Facebook spent $21 billion on research and development over the past year. It is constantly experimenting with new features on its site in an ongoing trial-and-error process—because its competitors are, too. This is not monopoly behavior.

Nobody but lawyers are benefiting from the FTC’s ideologically charged word games. For example, a 2019 Inspector General report found that the FTC routinely pays outside experts as much as $750 per hour. In years-long antitrust cases, that can add up to millions of dollars, without creating any consumer value.

Another concern is regulatory capture. An antitrust settlement against Facebook would likely include expensive new policies involving privacy, content moderation, and more. Facebook can absorb these compliance costs; smaller startups cannot.

Facebook, with its aging user base, and seeing people under 25 moving to TikTok and other competitors, would likely be happy to negotiate such a settlement down the road. In the world of regulation, intentions and results are often very different things. Antitrust policy is no exception. The FTC’s ideological campaign is harming both consumers and the competitive process. At the very least, it should drop the Facebook case, if a judge doesn’t drop it first again.

Longer term, it is time to reconsider antitrust regulation altogether.

Jobless Claims Drop to Pre-Pandemic Level but Congress Spending Binge Threatens Recovery

This news release was originally posted at cei.org.

The federal government today reported a drop in seasonally adjusted initial unemployment claims to the lowest level for this average since March 2020. CEI Senior Fellow Ryan Young expressed confidence that two pandemic recovery milestones will bring greater gains but also pointed to a big problem on the horizon: a spending binge by Congress.

Statement by Ryan Young, CEI Senior Fellow:

“Jobs are continuing to come back, and the near future also looks good, thanks to two milestones. One, the number of vaccinated Americans crossed 200 million, bringing the country closer to herd immunity. Two, the new school year is beginning, which will allow more parents to resume working if they choose; there are still plenty of openings. COVID’s delta variant clouds matters, but the more people who get booster shots, the less harm it should cause to people’s health and pocketbooks.

“The continued strength of the recovery continues to show how unnecessary Congress’ planned spending binge is. If Congress presses forward on the infrastructure bill and its other trillion-dollar plans, it will be less about doing good, and more about handing out political favors and not wanting to admit that their pet economic theories about stimulus are wrong.”

This Week in Ridiculous Regulations

The Senate passed the big infrastructure bill in a dramatic marathon vote. It now goes to the House. Up next is a $3.5 trillion spending bill, which will likely be followed by a $6 trillion spending bill. The 2021 Federal Register surpassed 45,000 pages, and is on pace to exceed 74,000 pages, though this would be far less than last year’s 87,352 pages. Meanwhile, agencies issued new rules ranging from 4,4′-DMAR to market-dominant mail products.

On to the data:

  • Agencies issued 64 final regulations last week, after 67 the previous week.
  • That’s the equivalent of a new regulation every two hours and eight minutes.
  • With 1,998 final regulations so far in 2021, agencies are on pace to issue 3,244 final regulations this year. 2020’s total was 3,218 final regulations.
  • Agencies issued 56 proposed regulations in the Federal Register last week, after 38 the previous week.
  • With 1,318 proposed regulations so far in 2021, agencies are on pace to issue 2,140 proposed regulations this year. 2020’s total was 2,021 proposed regulations.
  • Agencies published 414 notices last week, after 394 notices the previous week.
  • With 13,461 notices so far in 2021, agencies are on pace to issue 21,852 notices this year. 2020’s total was 22,480.
  • Last week, 2,236 new pages were added to the Federal Register, after 1,998 pages the previous week.
  • The average Federal Register issue this year contains 296 pages.
  • With 45,619 pages so far, the 2021 Federal Register is on pace for 74,057 pages in 2021. The 2020 total was 87,352 pages. The all-time record adjusted page count (subtracting skips, jumps, and blank pages) is 96,994, set in 2016.
  • Rules are called “economically significant” if they have costs of $100 million or more in a given year. There are seven such rules so far in 2021, none from the last week. Agencies published five economically significant rules in 2020, and four in 2019.
  • The running cost tally for 2021’s economically significant rules ranges from$1.17 billion to $2.13 billion. The 2020 figure ranges from net savings of between $2.04 billion and $5.69 billion, mostly from estimated savings on federal spending. The exact numbers depend on discount rates and other assumptions.
  • Agencies have published 273 final rules meeting the broader definition of “significant” in 2021, with seven in the last week. This is on pace for 443 significant rules in 2021. 2020’s total was 79 significant final rules.
  • In 2021, 547 new rules affect small businesses; 73 are classified as significant. 2020’s totals were 668 rules affecting small businesses, 26 of them significant.

Highlights from last week’s new regulations:

For more data, see Ten Thousand Commandments and follow @10KC and @RegoftheDay on Twitter.

New Inflation Numbers: Still High, Still Fixable

July’s inflation numbers are out. The annualized Consumer Price Index came in at 5.4 percent, compared to a 2 percent target. The month-to-month increase was 0.5 percent, an improvement over June’s 0.9 percent. While a return to 1970s stagflation is almost certainly not in the cards, inflation is still too high. Congress and President Biden should act now to keep it in check.

This appears unlikely at the moment. As of this writing, their latest trillion-dollar spending bill is in the process of clearing the Senate, though it will likely face friction and delay in the House. Assuming the bill does pass, it will nudge inflation upwards in future months while doing little to help the economy. Fiscal discipline in Washington is currently about as popular as the plague, but that does not change the need to reduce deficit spending. Economic recovery depends on increasing vaccination rates, not more politically motivated spending.

Politicians also need to respect the Federal Reserve’s independence. Higher interest rates are necessary to keep inflation low—but they also make government debt more expensive. President Biden and other political officials should resist the urge to pressure the Fed to keep rates low, and should spend less instead. Political meddling in central banks is how inflationary debacles like in Argentina happen. While the Fed has its flaws, it can do a good job of keeping inflation low—if it’s allowed to.

Other price increases have nothing to do with inflation (see my recent post on what inflation is, and what it isn’t). These price increases also deserve attention.

Trade barriers from both the Trump and the Biden administrations are upsetting supply chains. Above and beyond inflation, protectionist trade policies are increasing prices for cars and houses, and are largely responsible for computer chip shortages. Occupational licenses are keeping honest people out of work. Excessive regulations and permit requirements are blocking new ideas and projects that could push product prices down. Financial regulations are keeping capital away from small businesses that could use to it grow and compete against bigger companies. Energy policy restrictions are raising prices across the economy.

It is not enough to do simply do something. It is important to do the right things. Today’s policy mistakes are likely not enough to topple the COVID-19 crisis recovery, but they will slow it down, for no good reason. Fortunately, there are lots of sound policies that can hold down inflation while boosting the COVID recovery. Many of them are in CEI’s most recent Agenda for Congress.

This Week in Ridiculous Regulations

Nearly 1 million jobs were created in July, while Congress put the finishing touches on an infrastructure bill that will add about $250 billion to the deficit. Although only nine new regulations classified as “significant” were published in the past week, the year-to-date tally on the Federal Register’s official website somehow jumped from 31 to 266 last week (see my related Twitter thread). This is due to years-long transparency problems. Meanwhile, agencies issued new rules ranging from hydroelectric permits to flying service animals.

On to the data:

  • Agencies issued 67 final regulations last week, after 63 the previous week.
  • That’s the equivalent of a new regulation every two hours and 31 minutes.
  • With 1,934 final regulations so far in 2021, agencies are on pace to issue 3,245 final regulations this year. 2020’s total was 3,218 final regulations.
  • Agencies issued 38 proposed regulations in the Federal Register last week, after 70 the previous week.
  • With 1,262 proposed regulations so far in 2021, agencies are on pace to issue 2,117 proposed regulations this year. 2020’s total was 2,021 proposed regulations.
  • Agencies published 394 notices last week, after 444 notices the previous week.
  • With 13,047 notices so far in 2021, agencies are on pace to issue 21,891 notices this year. 2020’s total was 22,480.
  • Last week, 1,998 new pages were added to the Federal Register, after 1,440 pages the previous week.
  • The average Federal Register issue this year contains 287 pages.
  • With 43,380 pages so far, the 2021 Federal Register is on pace for 72,785 pages in 2021. The 2020 total was 87,352 pages. The all-time record adjusted page count (subtracting skips, jumps, and blank pages) is 96,994, set in 2016.
  • Rules are called “economically significant” if they have costs of $100 million or more in a given year. There are seven such rules so far in 2021, four from the last week. Agencies published five economically significant rules in 2020, and four in 2019.
  • The running cost tally for 2021’s economically significant rules ranges from$1.17 billion to $2.13 billion. The 2020 figure ranges from net savings of between $2.04 billion and $5.69 billion, mostly from estimated savings on federal spending. The exact numbers depend on discount rates and other assumptions.
  • Agencies have published 266 final rules meeting the broader definition of “significant” in 2021, with nine in the last week. This is on pace for 446 significant rules in 2021. 2020’s total was 79 significant final rules.
  • In 2021, 528 new rules affect small businesses. 70 are classified as significant. 2020’s totals were 668 rules affecting small businesses, 26 of them significant.

Highlights from last week’s new regulations:

For more data, see Ten Thousand Commandments and follow @10KC and @RegoftheDay on Twitter.

July Jobs Analysis: More Spending, Restrictions from Congress Won’t HelpThe

This press release was originally posted at cei.org.

The U.S. economy added 943,000 jobs in the month of July, with a decline in unemployment to 5.4 percent according to government numbers released today. Competitive Enterprise Institute experts said lawmakers can aid further recovery not by spending or imposing mandates and restrictions but in finding ways to remove barriers to work.

CEI Research Fellow Sean Higgins:

“The Labor Department reported Friday that 5.2 million persons reported not working in July because their employer closed or lost business due to the pandemic, down from 6.2 million in June. It’s encouraging that the dramatic one-month decline in the number of people seeking unemployment benefits – one million fewer people – exceeds the 943,000 in new jobs the government reported for the month of June. The evidence is starkly clear that for the economy to recover we simply need to let people get back to work. Additional spending isn’t necessary and new restrictions to counter the Delta variant will only imperil the economy’s recent gains.

CEI Senior Fellow Ryan Young:

“Clearly, people do not need another spending binge from Congress to find work. If anything, Congress’ spending will cause active harm by using up investment capital that instead could have gone to startups that need it to grow, hire, and adapt to COVID-era conditions.

“The recovery’s biggest obstacle, besides Congress, remains vaccine hesitancy. While the vaccination rate is now over 70 percent, that is clearly not enough to keep the delta variant from spreading. Mandated or not, masks and various degrees of lockdown will simply be a part of life until people get vaccinated. That should be the top recovery priority.

“While there is only so much Congress can or should do to address vaccine hesitancy, there is plenty else they can do. Lawmakers should loosen occupational licenses, lift trade barriers, make project permitting requirements swift and reasonable, direct agencies to scrub outdated regulations, and keep inflation in check. These measures would help far more people than would adding to the national debt.”

This Week in Ridiculous Regulations

Second quarter GDP grew at a 6.5 percent annualized pace, although COVID’s delta variant, inflation, and massive deficit spending could dampen growth going forward. The 2021 Federal Register surpassed 40,000 pages, though the pundit class paid more attention to turning gymnastics into a culture war issue. Meanwhile, agencies issued new rules ranging from pool pumps to spiny lobsters.

On to the data:

  • Agencies issued 63 final regulations last week, after 72 the previous week.
  • That’s the equivalent of a new regulation every two hours and 40 minutes.
  • With 1,867 final regulations so far in 2021, agencies are on pace to issue 3,241 final regulations this year. 2020’s total was 3,218 final regulations.
  • Agencies issued 70 proposed regulations in the Federal Register last week, after 45 the previous week.
  • With 1,224 proposed regulations so far in 2021, agencies are on pace to issue 2,125 proposed regulations this year. 2020’s total was 2,021 proposed regulations.
  • Agencies published 444 notices last week, after 456 notices the previous week.
  • With 12,653 notices so far in 2021, agencies are on pace to issue 21,967 notices this year. 2020’s total was 22,480.
  • Last week, 1,440 new pages were added to the Federal Register, after 2,045 pages the previous week.
  • The average Federal Register issue this year contains 287 pages.
  • With 41,377 pages so far, the 2021 Federal Register is on pace for 71,840 pages in 2021. The 2020 total was 87,352 pages. The all-time record adjusted page count (subtracting skips, jumps, and blank pages) is 96,994, set in 2016.
  • Rules are called “economically significant” if they have costs of $100 million or more in a given year. There are two such rules so far in 2021, none from the last week. Agencies published five economically significant rules in 2020, and four in 2019.
  • The running cost tally for 2021’s economically significant rules ranges from net savings of $100.7 million to net costs of $362.5 million. The 2020 figure ranges from net savings of between $2.04 billion and $5.69 billion, mostly from estimated savings on federal spending. The exact numbers depend on discount rates and other assumptions.
  • Agencies have published 31 final rules meeting the broader definition of “significant” in 2021, with four in the last week. This is on pace for 54 significant rules in 2021. 2020’s total was 79 significant final rules.
  • In 2021, 412 new rules affect small businesses. Eight are classified as significant. 2020’s totals were 668 rules affecting small businesses, 26 of them significant.

Highlights from last week’s new regulations:

The new For more data, see Ten Thousand Commandments and follow @10KC and @RegoftheDay on Twitter.

Numbers Show Economy is Recovering, but Washington Spending Won’t Help

This news release was originally posted on cei.org.

New numbers from the Commerce Department show the economy showed strong growth in the second quarter of the hear, with gross domestic product (GDP) at a seasonally adjusted annualized rate of 6.5 percent from April to June, besting the 6.3 percent growth rate from the first quarter. CEI Senior Fellow Ryan Young says vaccinations and deregulatory measures – not impending government spending – is what will aid that growth.

Statement by Ryan Young, CEI Senior Fellow:

“The economic recovery is continuing at a solid pace. Vaccinations are the key to keeping the recovery going, not more reckless deficit spending. The biggest current threat to the recovery is COVID’s delta variant. If it spreads widely, next quarter’s numbers will slow. If enough people are vaccinated and take other prudent measures to keep delta’s spread in check, we can avoid another lockdown, and the recovery will continue. More importantly, fewer people will get sick and possibly die an avoidable death.

“There is no need for a trillion-dollar infrastructure bill or the $3.5 trillion reconciliation bill. Instead, policymakers should enact reforms to help the recovery along. These include removing occupational licensing regulations that keep low-income and minority workers from getting good jobs, keeping inflation in check, lifting trade barriers that contribute to record prices for cars and houses, and easing Dodd-Frank-era financial regulations that impede access to capital for startups to grow. There are lots of ways to help the economy grow. Deficit spending is not one of them.”