State Attorneys General Launch Antitrust Investigations, Forget ‘Relevant Market’ Fallacy

Facebook and Google are facing separate antitrust investigations from publicity-seeking state attorneys general from both parties. New York’s Democratic attorney general is heading a joint investigation into Facebook for its “dominance in the industry and the potential anticompetitive conduct stemming from that dominance.” Texas’ Republican attorney general is heading another joint investigation into Google, for what The Wall Street Journal describes as “potential harms to consumers from their information and ad choices being concentrated in one company,” as well as potential anti-conservative bias.

Both investigations have fallen for the relevant market fallacy. In short, a company’s relevant market is usually larger and more competitive than antitrust regulators allege.

For example, as a method of communication, Facebook competes with text messages, video calls, phone calls, and emails, as well as in-person interaction. Social networking is one part of this larger relevant market.

As a way to spend leisure time, Facebook’s relevant market is larger than social networking. It also includes movies, sports, books, music, restaurants, and more. Again, Facebook does not have a monopoly. It can even serve as a complementary good, giving its competitors an unintentional boost. It is common for fans to follow and comment live in chat groups during a sports game or new episode of a television show. Not only that, but this is also often done using Facebook’s competitor Twitter—hence the term “live-tweeting.”

As a media aggregator, Facebook’s users each have more power over sharing what content to share or click on than does Facebook itself. It also competes with Twitter, Google, and thousands of other sites, from major news organizations such as The New York Times and The Wall Street Journal, to news aggregators such as the RealClear family of sites, to smaller outlets covering special interest topics such as local news, pop culture, or niche hobbies.

Nor does Facebook have a monopoly on photo sharing. It shares this market with Google Photo, Shutterfly, and more private sharing options such as Dropbox and other cloud storage services, and even simple email attachments.

Google’s relevant market is larger than a traditional search engine page. Every Uber ride involves an Internet search to pair riders and drivers. These searches do not use a Google algorithm, and would not work if their customers’ information was “being concentrated in one company.” Netflix, Hulu, and Spotify searches do not use Google. Nor do dating sites, which compete with each other based on proprietary search algorithms, as do many other popular search-based Internet services.

The relevant market fallacy also applies to allegations of anti-conservative bias against Google. If Google acquires even the reputation of serving unreliable search results, consumers can turn to competing options by simply typing a web address into their browser. And the relevant competitive market, as noted above, is not limited to search engines. News aggregators, consumer review sites, and other relevant content sites are legion, and easy to find, even for relatively uninformed users.

Conservatives eager to combat perceived bias should also heed the conservative icon Barry Goldwater’s advice that a government big enough to give you everything you want is a government big enough to take away everything that you have. It is easy to imagine the government power conservatives seek today being used against them tomorrow. The relevant news cycle is much longer than the most recent negative headline about President Trump.

Additionally, eight states, including Texas, have already previously investigated Google for antitrust violations, in conjunction with the Federal Trade Commission. They dropped their investigation in 2013 after finding no violations, despite 18 months of searching.

Market conditions change rapidly, but the weakness of a potential antitrust case has not. As recently as this July, Iowa’s attorney general told Bloomberg News in a revealing moment of honesty, “We are struggling with the law and the theory” in developing antitrust cases against big tech companies. There is a reason for that—one of them being the relevant market fallacy. These antitrust investigations serve the interest of attorneys general’s political ambitions, not consumers.

For more reasons to drop the investigations, see Wayne Crews’ and my recent paper, “The Case against Antitrust Law.”

Peter Moore – Endeavour: The Ship and the Attitude that Changed the World

Peter Moore – Endeavour: The Ship and the Attitude that Changed the World

The Endeavour is the famous ship that discovered Australia under Captain James Cook. This book tells the story of the ship, rather than that voyage. Cook’s voyage was not the Endeavour’s first. It began life in 1764 as a private ship named the Earl of Pembroke, and was purchased by the British Royal Navy in 1768.

Cook’s voyage is the meat of book. Moore tells the story well, though his purple prose sometimes borders on the ridiculous. As long as the reader doesn’t take Moore too seriously as a prose stylist, he is an excellent narrative historian. The Australian voyage has its ups and downs, and the ship’s near-destruction on the Great Barrier Reef is especially gripping. Moore also gives ample time to describing what Maori life was like around the time Cook put in his appearance, and how strange it was for both cultures when they met for the first time. Primary source descriptions of the wildlife they encountered and how Cook’s crew dealt with them are another strength of the book.

Cook’s journey was not the end of the Endeavour. After returning to England, the ship made voyages under less famous crews to the Falkland Islands. It also, surprisingly, saw action in the Revolutionary War on the British side. By this time Endeavour was an old ship, and not exactly a desirable assignment. Even after undergoing extensive repairs and another name change, to the Lord Sandwich, it was still no prize It was still able to sail across the Atlantic, but ended up being intentionally scuttled off the Rhode Island coast in an unsuccessful attempt to blockade the Americans. Its wreckage is still in a cluster somewhere near Newport harbor.

Trump Tariff Costs to Outweigh Benefits from Deregulation

Early in the Trump administration, a series of executive orders slowed the growth of new regulations and removed some existing rules. From the start of the administration through June 30, 2019, the total savings from these policies are an estimated $46.5 billion, according to a new study by David G. Tuerck and William Burke for the National Foundation for American Policy. More importantly, they also find that annual costs from the Trump tariffs will soon outweigh these cumulative benefits. This is despite the first new tariffs not appearing until January 2018, giving deregulation a one-year head start on impacting the economy.

By the end of 2019, the dead loss (more commonly called “deadweight loss”) from the Trump tariffs will total $32.1 billion. This includes the just-imposed 15 percent China tariffs that took effect on September 1, and the planned 30 percent tariffs set to take effect in December. Given the uncertain nature of tariff implementation in the Trump administration, this figure is subject to change at any time.

If all planned tariffs are implemented, the annual deadweight losses from the Trump tariffs would be $121.1 billion—nearly triple the cumulative deregulatory benefits over the Trump administration’s first two and a half years.

Furthermore, Tuerck and Burke’s estimates only count deadweight losses from tariffs. They do not count tariff revenue, which is costing U.S. consumers an additional tens of billions of dollars per year.

There is another, more esoteric way in which Tuerck and Burke underestimate tariff costs. In a traditional supply-and-demand graph, which they provide on p. 10 of their report, the deadweight loss appears in a pair of triangles. These are called Harberger triangles, in honor of their discoverer, Arnold C. Harberger. These triangles do not tell the full story.

Gordon Tullock, in a famous 1967 article titled “The Welfare Costs of Tariffs, Monopolies, and Theft,” pointed out that rent-seeking and similar wasteful activities are not captured in Harberger triangles. These costs are in an adjacent rectangle that many analysts forget to include. Moreover, this Tullock rectangle in many cases is larger than the traditional deadweight loss Harberger triangles.

Trump has already implicitly admitted that his tariffs are hurting U.S. consumers. This admission has come in the form of tens of billions of dollars in money transfers to farmers; in his recent delay of some tariffs on Chinese-made consumer goods until after the holiday shopping season, which presidential adviser Peter Navarro called “President Trump’s Christmas present to the nation;” and most recently by Trump’s belief that the stock market would be 10,000 points higher without the China trade war. Even if hyperbole, this is still a shocking admission.

Tuerck and Burke have now put some numbers to these tariff costs, and found out they will soon well exceed the total benefits so far from deregulatory efforts. Not only that, but they have likely underestimated the harms tariffs are causing.

Richard P. Feynman – The Pleasure of Finding Things Out: The Best Short Works of Richard P. Feynman 

Richard P. Feynman – The Pleasure of Finding Things Out: The Best Short Works of Richard P. Feynman 

Feynman’s view on women are, shall we say, rather dated. And some of the material also appears in “Surely You’re Joking, Mr. Feynman!”. But this collection of speeches and articles has both entertainment value and educational value. Feynman valued working smart as much as he did working hard, and he had some ingenious shortcuts, as well as shortcuts for finding mental shortcuts. His views on pedagogy and education are also refreshingly open-minded. Some structure is good, but too much does harm.

Christopher Hibbert – The Borgias and Their Enemies, 1431–1519

Christopher Hibbert – The Borgias and Their Enemies, 1431–1519

A history of the Renaissance family famous for its corruption, intrigue, and decadence. It begins with papacy’s move from Avignon back to Rome, but mostly as a setup for all the naughty bits that would happen once the Borgias became cardinals and popes. Their rise was somewhat improbable; the Borgias were originally from Castilian Spain, and nearly all popes were expected to be Italian.

Beyond those notes, Hibbert doesn’t take a great deal of interest in the Borgia’s greater historical context and significance. He does note that the Borgias gave commissions to famous artists including Botticelli. The Medici family and the religious fanatic Savonarola put in cameos; they were not on good terms with the Borgias.

Hibbert is instead more interested in the Borgias themselves, and one can see why. Politics, simony, sex, murder, incest allegations, orgies, corruption, bribes, illegitimate children, and more provide plenty of page-turning stories. Hibbert might have gone further in developing the personalities and motivations that animated the famous triumvirate of Rodrigo, Cesare, and Lucrezia. Why did they act as they did? How did they fit into the larger picture of Renaissance Italy? Did they help or hinder its achievements? Did their antics play a role in fomenting the Reformation’s reactions against papal excess? Readers will have to look elsewhere for anything beyond passing stabs at these deeper questions.

This Week in Ridiculous Regulations

The UK parliament will soon be suspended for a five-week period, something the U.S. Congress should consider emulating as often as possible. Over in the U.S. executive branch, the 2019 Federal Register surpassed 45,000 pages last week, and the number of new regulations will likely hit 2,000 this week. Rulemaking agencies published new regulations ranging from ICE’s FALCON search program to low-powered radar.

On to the data:

  • Last week, 64 new final regulations were published in the Federal Register, after 68 the previous week.
  • That’s the equivalent of a new regulation every 2 hours and 38 minutes.
  • Federal agencies have issued 1,940 final regulations in 2019. At that pace, there will be 2,870 new final regulations. Last year’s total was 3,367 regulations.
  • Last week, agencies published 458 notices, for a total of 14,579 in 2019. At that pace, there will be 21,567 new notices this year. Last year’s total was 21,656.
  • Last week, 1,334 new pages were added to the Federal Register, after 1,734 pages the previous week.
  • The 2019 Federal Register totals 45,871 pages. It is on pace for 67,857 pages. The 2018 total was 68,082 pages. The all-time record adjusted page count (which subtracts 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. Three such rules have been published this year. Six such rules were published in 2018.
  • The running compliance cost tally for 2019’s economically significant regulations currently ranges from $294.9 million to $439.2 million. The 2018 total ranges from $220.1 million to $2.54 billion, depending on discount rates and other assumptions.
  • Agencies have published 44 final rules meeting the broader definition of “significant” so far this year. 2018’s total was 108 significant final rules.
  • So far in 2019, 326 new rules affect small businesses; 14 of them are classified as significant. 2018’s totals were 660 rules affecting small businesses, with 29 of them significant.

Highlights from last week’s new final regulations:

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

Steve Brusatte – The Rise and Fall of the Dinosaurs: A New History of a Lost World

Steve Brusatte – The Rise and Fall of the Dinosaurs: A New History of a Lost World

A history of the dinosaurs organized chronologically rather than by theme, and in my opinion, better than Brian Switek’s still-quite-good My Beloved Bronosaurus. Brusatte shares Switek’s mostly endearing fanboy enthusiasm for his subject, and recounts a few stories of meeting and even working with some of his idols.

Brusatte traces dinosaurs’ origins back to the Permian extinction, and more clearly differentiates the Triassic, Jurassic, and Cretaceous periods. One thing that comes out of chronological approach is that evolution doesn’t have a clear direction. Things change, but not necessarily for better or worse over time.

The Jurassic’s apex predator was the Allosaurus, and the Cretaceous’ was the Tyrannosaurus Rex. They had their differences, and Brusatte does an excellent job describing them, and tracing back their family tree—they are more cousins than a direct lineage. T-Rex’s direct ancestor was likely a mid-Jurassic dinosaur that weighed about 100 pounds, and grew into its niche after the Jurassic-Cretaceous boundary created an opening for a large apex predator.

Another fun insight has to do with dinosaur breathing. The large sauropods such as the diplodocus, brachiosaurs, and Argentine titanosaurs could exceed 100 feet in length and required an enormous amount of energy. Not just to maintain their bulk, but to grow it. It likely took just 30 or 40 years for a sauropod to reach full size. By contrast, humans can take nearly 20 years to grow from a similar starting point to perhaps 6 feet. This required eating about 100 pounds of food every day, which required a massive, and efficient respiratory system to provide enough oxygen to burn all that fuel and power the digestive system—all while constantly providing enough oxygen for cells from head-to-tail.

Rather than lungs such as we and smaller dinosaurs share, sauropods evolved a different kind of lung found in today’s birds. We breathe in oxygen and exhale carbon dioxide. Sauropod and bird lungs extract oxygen on the inhale as well, but extract a second round of oxygen on the exhale as well, making them more efficient. This allowed sauropods to meet their needs. This design is also lightweight, which is why birds use it—it’s easier to fly with less cargo.

Sauropod bones were also relatively less dense. While not hollow, they did feature hollow chambers and air pockets inside—not quite like a honeycomb structure seen in high-tech aircraft material designs, but serving the same purpose of preserving strength while minimizing weight. If giant lumbering sauropod dinosaurs had not evolved adaptations to their niche in both respiration and bone structure, today’s graceful hummingbirds may never have evolved as we know them.

Ian Kershaw – The Global Age: Europe 1950-2017 

Ian Kershaw – The Global Age: Europe 1950-2017 

Kershaw is best known as a historian of Nazi Germany, and the author of the definitive two-volume Hitler biography. More recently, he has turned his focus to modern Europe more generally. This book concludes a two-part series. The first, gloomier half is To Hell and Back: Europe 1914-1949; this volume is rather sunnier.

Major themes early in the book include the fall of the Iron Curtain and rapid nuclear armament, along with all the tension and unease those developments caused. I was previously unaware of the scale of post-war migration to escape socialism. East Germany lost about 2 million people to West Germany during the 1950s, with an average of 2,300-2,400 people escaping daily until the Berlin Wall was finished in 1961.

As the book goes on, the reader realizes how deep the scars of 20th century’s first-half tumult run. The very reason for the formation of the European Community and its various iterations on up to the European Union was to prevent another world war. In line with thinkers from Montesquieu in the 18th century on up to Cordell Hull in the 20th, have argued, close trade and economic ties help to maintain peace. Economic integration will make war so costly that no country would dare attempt another round of Napoleonic conquest or, more to the point, a Third Reich.

This argument is deeply felt throughout the continent at a visceral level, something most American observers don’t see. The EU’s agricultural and regulatory policies have few defenders, but then those aren’t the EU’s raison d’etre. Understanding that dynamic is essential to understanding the Brexit debate and other debates about the EU’s future. It does not hinge on a socialism-vs.-markets debate. For most of the debate’s participants, it is instead about nationalism-vs.-cosmopolitanism, or more fundamentally, how best to prevent another World War II.

Even the Cold War was largely an echo of World War II. Most of the continent was overtaken by one of two forms of totalitarianism; communism just happened to be the one that lasted longer. In the post-war Stalin and Khrushchev years, the Soviet bloc was a feared nuclear enemy, requiring NATO and extensive U.S. involvement to keep it at bay.

But as time went on, Brezhnev-era political sclerosis took its toll while the more market-oriented West grew. The Soviet threat became gradually less scary and less stable. By the Gorbachev era, the thinking went from how to deal with nuclear fallout to how to deal with the political and economic fallout from communism’s coming collapse. An American reader might see the Europe-Russia relationship under Yeltsin as a little bit like the dynamic between the Griswold family and Uncle Eddie in the National Lampoon’s Vacation movies.

Kershaw is more of a political historian than a social one, so everyday life for ordinary European people is not the focus here. Music, fashion trends, and art are mostly cordoned off into separate short chapters throughout the book, roughly one per decade. If you want to know what it was like to live there during this period, go elsewhere. But Kershaw is excellent at identifying larger historical themes and seeing how they interact and play out. Kershaw is also a talented prose stylist; this book reads quickly and easily enough for the reader to forgive its 700-page length.

Kershaw also clearly lacks substantive background in economics. He shows this in his frequent use of the term “neo-liberal,” which has no coherent definition. It is nearly always used as a pejorative, though Kershaw’s usage ranges from neutral to mildly negative, further adding to the confusion. In discussing trade issues, Kershaw adheres to the balance of payments fallacy, which would flunk him out of a freshman introductory economics course.

He also does not grasp that John Maynard Keynes and Milton Friedman’s differing monetary policies share a common conception of the quantity theory of money. They part ways on the ought, not so much the is. In addition, Kershaw cites Friedman’s Capitalism and Freedom as Friedman’s statement on monetary theory. That book contains just one chapter out of thirteen on monetary issues. Friedman’s 800-page Monetary History of the United States, coauthored with Anna Schwartz, was his definitive work, the leading cause of his Nobel Prize, and is hardly obscure.

So long as one takes Kershaw’s attempts at economic theory and policy analysis as seriously as they deserve, this is an excellent survey of a neglected area of history that is impacting everything from today’s Brexit debate to trade relations with the United States to how Europe will deal with the rise of China as a major power.

Tyler Cowen – Big Business: A Love Letter to an American Anti-Hero

Tyler Cowen – Big Business: A Love Letter to an American Anti-Hero

Big businesses are not perfect, and Cowen gives several examples. This is not a hagiography. Instead, Cowen argues that most people underestimate the amount of good that big businesses do. They make possible affordable communications, books, culture and art (and the supplies needed to make them), transportation that expands employment options for workers, safe and diverse food supplies, architecture, and more. As with many of Cowen’s books, it reads quickly and easily, almost a little too much so. When he offers the occasional insight, take a minute longer than he does to ponder it. This has been received as the prolific Cowen’s best book in some time, and I agree with the sentiment.

David Neumark and William L. Wascher – Minimum Wages

David Neumark and William L. Wascher – Minimum Wages

A comprehensive literature review covering more than 100 studies. Neumark and Wascher also discuss findings in their own work. Overall, they find that minimum wages have small disemployment effects. As a poverty relief measure, they are also not as effective as other measures such as straight cash or the Earned Income Tax Credit. In part this is because minimum wages often miss their intended target; many minimum wage earners are disproportionately young people who still live with their parents in households well above the poverty level. Minimum wages also increase inequality among low earners. People who keep their jobs often get a modest raise. But companies will dump their lowest-skilled workers and take on fewer part-time workers, which includes many women with young children who want to help make ends meet. They find similar effects in reviewing research on other countries including Canada, the UK, Mexico, Brazil, and much of Latin America.

Surprisingly for such a thorough book, Neumark and Wascher leave out a long list of non-wage tradeoffs that come with minimum wages. They address hour cuts, hiring freezes, price increases, lower profits, and unintended income distributions. But they mostly leave out benefit cuts, workplace conditions, stricter break and vacation policies, job perks such as employee discounts, free parking and meals, and other possible tradeoffs. These are difficult to measure with any method besides surveys, which are notoriously unreliable. As a result, there is little to no empirical research on these tradeoffs, even though economists, legislators, and pop culture have acknowledged their existence for decades.

As result, most minimum wage literature focuses on employment, which is easier to measure. It is also the most drastic tradeoff employers can make, which is why they go to great lengths to avoid doing it, preferring other tradeoffs that are unfortunately harder for outside researchers to measure. This “tyranny of metrics” effect has lowered the quality of the minimum wage debate on both sides.