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2019-06-14 07:30 by Karl Denninger
in Corruption , 151 references Ignore this thread
Tech Companies, The Medical Scam and LIES
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When you're an attorney and have an overwhelming case on the facts, present the facts.

When the facts don't favor you, but the other guy can be painted as a louse (or worse), attack the other side's character.

But if neither of those paths are available to you then lie -- and make the lie REALLY BIG AND LOUD too, because your only hope in that situation is that your lie is believed; if your bluff gets called you're cooked and the bigger and more audacious the lie the better the odds the other side will believe it, simply because they may think you'd have to be nuts to make something that outlandish up out of whole cloth.

However, is the application of antitrust law the best way to deal with these issues? Under more than 100 years of antitrust law, monopolies were not considered the problem. Monopolies that harmed consumers were the problem. Generally, the hallmark of an illegal monopoly has been one that uses its position to charge consumers excessive amounts for its goods and services. It is hard to make the argument under traditional antitrust law that consumers are harmed by companies like Facebook and Google, which generally do not charge consumers anything for their services, or by Amazon, which can provide greatly reduced prices.

That's an outrageous lie.

Every contract, combination in the form of trust or otherwise, or conspiracy, in restraint of trade or commerce among the several States, or with foreign nations, is declared to be illegal. Every person who shall make any contract or engage in any combination or conspiracy hereby declared to be illegal 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.

That's the entire Chapter 1, Section 1.  It's one paragraph.  Where do you see "consumers must be charged excessive amounts" in that law?

It's not there and it isn't an element of the offense.

Further, Section 2, the very next one, reads -- again, in full:

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.

Again, where is price injury or elevation of price required?  It's not an element of the offense.

There is no such thing as a legal monopoly, except where a government has explicitly granted an exception, such as an exclusive franchise to sell electrical power or water and sewer services.

Yes, I'm well-aware that policy is not to prosecute monopolists -- ever.  But the question as to whether such monopolies are felonious is not in dispute -- they are.

The Sherman and Clayton acts were drawn this way on purpose more than 100 years ago for a very good reason: People are crafty and identifying exactly how you suffer price injury is extraordinarily difficult to police with any sort of definitive result.

That the manifestly evil jackasses in our Federal Executive have pointedly refused to indict and imprison anyone on this basis for literal decades does not change the fact that all of these acts are facially felonious.  This directly calls into question why the people fail to rise up and demand that those prosecutions take place under threat of the people deciding to hold their own trials and fashion their own punishments should the government continue to refuse to do it's damn job.  Intentional and willful failure to prosecute by our government allows these organizations and individuals to screw the public out of trillions of dollars a year!

 This brings us to what is called “hipster antitrust.” Hipster antitrust is the term used to describe a movement to change the interpretation of antitrust law, to go beyond the traditional standard of consumer welfare and include a broad range of socioeconomic issues.

....

If that sounds a bit vague, it is because it is. It is extremely subjective. Should businesses that can’t compete be protected from companies that provide better services at lower costs where consumers are not financially harmed? Cicilline said the committee would concern itself with whether Amazon had hurt small retailers. Traditionally this has not been a concern of antitrust law.

Well that's because "traditionally" **********s like you, Weisman, flat out lie regarding what the law actually says and get away with it, influencing people who read those lies to take them as truths.  You know good and ******n well you're lying too, which is why you stooped to the second part of the attorney's creed -- when the facts don't support your position impugn the other person's characterin this case by calling their position "hipster."

The intent of such deception is clear in that Weisman doesn't want anyone to go read the actual statute in question, which infamously says exactly nothing about "consumer welfare" at all!

If the people in this nation did go read said laws for themselves there might be a revolution by morning and if there was it would be well-deserved.  When one looks at the outrageous conduct of these "big tech" firms, never mind the health care scam that rips off roughly $25 per person, per day in America you'd think that all of this had to be legal -- that it shouldn't be, but it is, and that's why this crap continues.

You'd be dead wrong; all of this has been illegal for more than 100 years; these laws date to 1890 and have stood since without modification or exception for either big tech or medically-related firms.

This is not primarily a civil matter -- that is, something for lawsuits -- either.  It's a criminal felony carrying 10 years in prison for each person so-involved along with $100 million in fines for any corporation and $1 million for each person so-involved on a personal level for each individual act that is an offense.

Robinson-Patman (Section 13 of the same Title, passed in the early 20th Century) went on to make price discrimination in physical goods between purchasers of like kind and quantity illegal if the effect is to substantially lessen competition or tend to promote a monopoly, or to injure, destroy or prevent competition.  Robinson-Patman does not implicate services but it does apply to any sort of physical item and, unlike Sherman and Clayton does require a showing that competitive harm is implicated.  Robinson-Patman also contains a exemption for non-profits (and does not carry criminal penalties) but neither Sherman or Clayton have any such exemption.

Indeed there are damn few exemptions found in said body of law -- amusingly, professional baseball has one of them under Section 26b.

There is no exemption for either "big tech" or medical providers of any sort.

We the people must demand that the law be enforced -- and if the federal government will not do so forthwith then it is time to consider whether the people of this nation are going to continue to consent to the infestation of Washington DC by crooked felon-enablers that, through their direct refusal to enforce 100+ year old felony criminal laws, not only leave the people's privacy violated and their rights impugned they empower the theft of over $3 trillion a year through the felony-riven medical scam system alone.

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Flappingeagle
Posts: 3120
Incept: 2011-04-14

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Quote:
However, is the application of antitrust law the best way to deal with these issues? Under more than 100 years of antitrust law, monopolies were not considered the problem. Monopolies that harmed consumers were the problem. Generally, the hallmark of an illegal monopoly has been one that uses its position to charge consumers excessive amounts for its goods and services. It is hard to make the argument under traditional antitrust law that consumers are harmed by companies like Facebook and Google, which generally do not charge consumers anything for their services, or by Amazon, which can provide greatly reduced prices.


When you have a monopoly how to you know what an "excessive amount" happens to be? The price discovery mechanism is either severely constrained or does not exist at all and forget about how competition for customers drives prices downward.

I guess the author has never ever heard that competition drives innovation and innovation lowers costs and raises quality.

Flap

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Mtdm
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The other unacknowledged fact is that there is a rather large number of shareholders of these companies who are all witting participants in the felonies - each shareholder, jointly and severally.
Asimov
Posts: 111374
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East Tennessee Eastern Time
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Quote:
If the people in this nation did go read said laws for themselves there might be a revolution by morning and if there was it would be well-deserved.


Too long and too hard for the common man to understand.

In the effort to criminalize everybody and legislate common sense, we've created something that, by it's very nature, is easier to lie about and ignore than it is to use properly.

Hell, "shall not be infringed" is one of the simplest possible ways to acknowledge a right we the people posses. Look at how many ways it has been twisted and how many reams of paper it takes to misrepresent and twist the meaning of those four words.


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It's justifiably immoral to deal morally with an immoral entity.

Festina lente.
Sancho
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Way, way south of Rio Grande
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Quote:
which generally do not charge consumers anything for their services


This is the first lie. The user is not the customer. I has long been recognized the the user is the product that Google and Facebook sell.

Ask anyone that has had its site or channel cut from advertising based on some blurry "community standards" to know how monopolistic these company are.

Ask any retailer that has customers coming into the store to buy something, try the product, the next day return it, and the go online to buy from Amazon at a cross subsidized price. He is stuck with an open box item now, competing against Amazon that until recently did not pay taxes in the state, and operates at no profit because the objective is to monopolize.

Ask someone that want to run an online advertising campaign about how many options they have, and how little negotiating power they have.

Ask a phone builder about how many options they have not to use Google suite for the phone. It happened to Blackberry that was forced to abandon BB10 operating system that was in many regards far superior to Android.

When you start to look at the actual customers, you realize that they are a damaging monopoly.


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Face a bear robbed of her cubs,
but never a fool in his folly!
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Aztrader
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Any company that intentionally lists products at cost or less in order to destroy the competition have violated anti-trust laws. Amazon does this every day and their crimes are ignored.
I have spoken to several manufacturers that were sucked in to sell directly to Amazon and on day one, Amazon violated their MAP pricing agreement by listing the products 1% over their cost. When the manufacturers complained, Amazon simply told them to sue. Anyone with half a brain understands that Amazon does this to get rid of the competition. They blatantly undercut all the other dealers or distributors on their site in order to take control of the product. At the same time they are have the products duplicated in China or Asia because they know the original manufacturer won't sell to them again. If this isn't illegal, it sure as hell ought to be.
They have been after our product for about three years now and I have stopped them every time. If they get the product, then I am out of business and so are the dealers that sell it.

We sell Tasers and mid last month Amazon blocked all dealers from selling them on their site. Taser chose to supply Amazon with the product and because they are a sole source manufacturer, Amazon couldn't copy the product so the pricing had to stay up. In the past 3 years, the dealers were competing daily making almost nothing selling tasers due to the discounting from Amazon. We complained to taser because they were selling the product under cost and found that taser was supplying them at a discounted wholesale price.
I don't know how many products Amazon as stolen and rebranded as their own, but it is substantial.
Amazon has their own brand and many of the products are clones of the U.S. based products. We know that a lot of cloned products came out of China and listed on Amazon illegally and they looked the other way until they couldn't ignore the complaints. Now Amazon simply brands the products themselves with the smallest difference and lists them against the US dealers and distributors. Add in the fact that the US POST OFFICE is subsidizing them at a huge rate.
Amazon is a destructive force against most businesses in this country. They are a monopoly in the worst way and need to be broken up. They are bringing in more Chinese vendors in order to increase their profit margins because most US based vendors aren't selling enough product to satisfy their greed.
We have seen a major drop off in our business in the search engines just in the past couple of months. We are constantly getting offers from Google to use Adwords to sell our products but have had no luck with it before. I am wondering if they are blocking sites that don't play ball with them. The pay per click system is the biggest advertising scams on the planet. With all the dead beats spending their waking hours on the internet, we will be enriching Google but not doing any business. How can anyone using the pay per click protect themselves from Google hiring people to click on ads? All of these companies need to be looked at and the testimony should come from business owners and other companies negatively affected by their leadership.
Goforbroke
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A True American Patriot!
The tadpole and I are hunkering down.
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With respect to the principles of the medical industry, from Rosenthal's An American Sickness ...

Quote:
1. More treatment is always better. Default to the most expensive treatment.
2. A lifetime of treatment is preferable to a cure.
3. Amenities and marketing matter more than good care.
4. As technologies age, prices go up rather than fall.
5. There is no free choice. Patients are stuck. And theyre stuck buying American.
6. More competition vying for business doesnt mean better prices. It can drive prices up, not down.
7. Economies of scale dont translate to lower prices. With their market power, big providers can simply demand more.
8. There is no such thing as a fixed price for a procedure or test. And the uninsured pay the highest prices of all.
9. There are no standards for billing. Theres money to be made in billing for anything and everything.
10. Prices will rise to whatever the market will bear.


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Our deepest fear is not that we are inadequate. Our deepest fear is that we are powerful beyond measure. It is our Light, and not our Darkness, that most frightens us. -- Marianne Williamson
Tickerguy
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@Goforbroke -
Quote:
10. Prices will rise to whatever the market will bear.

It appears that The People forgot the lesson of 1776, which is that there is a price which, once reached and in concert with INTENTIONAL government refusal to prosecute FELONIES, draws acute lead poisoning as the people's "response."

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Winding it down.
Truthseeker
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Southern Oregon
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Goforbroke,

With respect to your quote of Rosenthal's excellent list, there is one point conspicuously missing: the willingness to inflict death on innocents for money.

It is a tacit willingness for some, and an unacknowledged--and often unaware willingness for many, but it is unmistakably central reality for all who work in the compromised field of pharmaceutical medicine. Ask me how I know--with the certainty of personal experience.


There are some truths you really don't want to know.

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"...But people better realize that the worst-case scenario could actually happen.9/11 happened. This can happen. An economic 9/11, the likes of which we've never seen." Gerald Celente
Krzelune
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How do you know?
Truthseeker
Posts: 8971
Incept: 2007-10-07
A True American Patriot!
Southern Oregon
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Quote:
How do you know?


I spent 15 years as an executive in pharmaceutical marketing, participating in the launch of 31 compounds, 17 of which became $billion products. Without naming names or relating details, I'll just say that I became personally aware of plans that would, and in some cases did, cause unintended death in the name of marketing success.

The only mea culpa I can offer is that I chose to trade that living for a small contracting company that paid me about 25% of the extravagant income available in the medical field, and then retired three years later to grow organic food in the woods. For those interested in karmic reality--it may or may not be enough, but it is what I can offer.

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"...But people better realize that the worst-case scenario could actually happen.9/11 happened. This can happen. An economic 9/11, the likes of which we've never seen." Gerald Celente
Goforbroke
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Rosenthal's book was eye opening. The medical enterprise is a runaway train.

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Our deepest fear is not that we are inadequate. Our deepest fear is that we are powerful beyond measure. It is our Light, and not our Darkness, that most frightens us. -- Marianne Williamson
Goforbroke
Posts: 7556
Incept: 2007-11-30
A True American Patriot!
The tadpole and I are hunkering down.
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Oh, and Amazon is taking its chunk ... pillpack.com, an Amazon company. Saw it in an on on TEEVEE yesterday. Thought it was an interesting idea, until the final 5 seconds when its corporate ownership was disclosed.

The ad ...

https://www.ispot.tv/ad/I2oI/pillpack-ka....

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Our deepest fear is not that we are inadequate. Our deepest fear is that we are powerful beyond measure. It is our Light, and not our Darkness, that most frightens us. -- Marianne Williamson
Tickerguy
Posts: 157662
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Never mind can't say that..

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Winding it down.
Mtdm
Posts: 665
Incept: 2009-07-23

NH
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Apparently Facebook is looking to tie itself harder to peoples lives by starting a money transfer / banking capability also.
Tickerguy
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Yeah, because there's nothing like telling some company EVERYTHING you buy and where that can be used to **** you.

Oh wait...

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Winding it down.
Goforbroke
Posts: 7556
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The tadpole and I are hunkering down.
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That was my first thought with this pillpack thing ... Amazon will know exactly what meds I use (and be a great source for health info for ... well, whoever wants to buy it) ...

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Our deepest fear is not that we are inadequate. Our deepest fear is that we are powerful beyond measure. It is our Light, and not our Darkness, that most frightens us. -- Marianne Williamson
Tickerguy
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Not sure where death comes and to whom, but if we don't stop this **** the "whom" will be all of us.

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Winding it down.
Goforbroke
Posts: 7556
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The tadpole and I are hunkering down.
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Never have a single source supplier. The cardinal rule of manufacturing. It appears we're going in that direction.

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Our deepest fear is not that we are inadequate. Our deepest fear is that we are powerful beyond measure. It is our Light, and not our Darkness, that most frightens us. -- Marianne Williamson
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