Fact-check on Biden's 'Competition' E/O
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2021-07-12 07:00 by Karl Denninger
in Health Reform , 372 references Ignore this thread
Fact-check on Biden's 'Competition' E/O
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The usual wave arms and do nothing game is back on in DC.

The economy is booming under President Biden’s leadership. The economy has gained more than three million jobs since the President took office—the most jobs created in the first five months of any presidency in modern history. Today, the President is building on this economic momentum by signing an Executive Order to promote competition in the American economy, which will lower prices for families, increase wages for workers, and promote innovation and even faster economic growth.

Uh huh.

More than 100 years ago Congress got tired of the monopolist games in various industries and passed a series of laws, with the first being The Sherman Act.  When firms danced around the edges (gee, you think that sort of thing is new?) it was rapidly followed by Clayton and Robinson-Patman.  You can find them in 15 USC Chapter 1 and, I remind you once again (for the 100th time, more or less, over the last 13 or so years of this column) Sherman and Clayton are not civil penalties either: They contain federal felony, 10-years in the slam-slam penalties for each person involved.  There is no corporate shield behind which one can hide in that regard.

Biden hasn't given a wet crap about any of this during his time in federal office -- not as a Senator, not as VP and now, with this order, not as President either.  Nor did Trump.  Nor did Obama.  Nor has anyone else for a very long time.

Since this is long-standing law it does not require Congress to do a single thing nor can Congress stop its enforcement without passing a new law of some sort.  It simply requires an Administration with a pair of nuts between its legs that is willing to start jailing people.

Let's go through a few of the items in this list.

  • Non-competes.  These are roundly abused by larger corporate entities.  Putting a stop to it, if it happens, is a good thing.  Don't think for a second that this is limited to highly-skilled jobs; an infamous case involved Jimmy John's sub shop demanding all employees sign one.  NY came after them for it but note that Obama's "Just-Us" department and Eric PlaceHolder did not.  So much for giving a crap about the "little guy" eh?

  • "Calls on the leading antitrust agencies, the Department of Justice (DOJ) and Federal Trade Commission (FTC), to enforce the antitrust laws vigorously...."  Oh really?  You mean like nearly every single medical practitioner in the United States which illegally colludes with insurance companies to fix prices?  Let me know when you start leading hospital and corporate medical officers out of their offices in handcuffs and straight into prison.  May I remind you that there are not just one but two Supreme Court decisions (Royal Drug and Maricopa County), both now more than 30 years old, confirming that anti-trust law does indeed apply to these firms and that the oft-cited claim of immunity by way of McCarran-Ferguson was explicitly turned away by the Supreme Court in both cases?

  • "Americans pay more than 2.5 times as much for the same prescription drugs as peer countries, and sometimes much more."  15 USC Chapter 1 explicitly covers international trade: "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."  So stop with the bull**** you rat bastard piece of crap and simply frog-march every pharma firm executive straight into the dock; their pricing schemes which force Americans to pay for the development of drugs that every other nation then uses without paying said cost is a 10-year Hi, Bubba is now your roommate federal felony.  I'm tired of the damned lies Joe: Handcuffs and indictments now *******.  No more bull****.

There is much more but until Biden and The Ho stop lying through arm-waving and start frog-marching I'm not impressed and until you make them cut the crap they won't.

Want actual solutions?  They're right here.

Note the date on that article.

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Augeries
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North of Boston, but not North enough.
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The fact is that most of the nation's issue could be solved by using laws that already exist. The idea that we need to elect people to "write a law" or "fix a law" is a complete load of BS, and this lie is spread intentionally to help the elite prevent adjustments to the status quo. That the laws we need have existed for 100 years, and that all we need to do is use them as written, is possibly the biggest eye opener I can think of. Once one understands it, every other fact about government corruption falls into place as obvious. Getting out the facts about existing antitrust law must become a priority for any prospective politician who considers themselves a constitutionalist. Anything less and I will assume they are a fraud.

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Cmoledor
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Its absolutely disheartening that we can never be in a position to hold these people to account. All by design. At least held to account by rule of law. I suppose there are some unconventional ways to make people pay. Always a great read Karl.

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Whitehat
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Quote:
You mean like every single medical practitioner in the United States which illegally colludes with insurance companies to fix prices? Let me know when you start leading hospital and corporate medical officers out of their offices in handcuffs and straight in prison.

my iron rule of lawbreaking and mass injustice applies here. There are too many to ever prosecute. It is the fatal flaw of applied direct democracy. The majority, in this case these evil doers, vote by their actions to overwhelm the law.

Next, major shutdowns of institutions and reduction in high level medical personnel would occur. Society would never accept that.

It really goes even to the mundane once culture is lost. Used to decry in my neighborhood how effective policing assumed that the vast majority of people followed the law and that non-compliance was the exception to the rule. This was lost.

Karl, i have a practical question. How would we ever conjure up the resources to prosecute these crimes and deal with the consequences of gutting a necessary industry.

Even Nazis were kept around in Germany after WWII for the functioning of society because it was necessary.

I think that this situation sucks, but the only possible solution would be a stop dead in the tracks date with severe penalties for any actions after. While at the same time delivering a message to the law abiding public as to how to get away with things. Just like a few business owners who hire illegally going on decades said to me, "They can never arrest all of us."

**** society.

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Tickerguy
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@Whitehat -
Quote:
Karl, i have a practical question. How would we ever conjure up the resources to prosecute these crimes and deal with the consequences of gutting a necessary industry.

The people of this nation tell both said "industry" and the government that they either stop it -- right now, today -- or tomorrow they WILL stop, because they're not breathing anymore.

How did America come to exist in the first place?

The same way.

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Twainfan2
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Can he even stop Non Competes with an EO? Wouldn't that take court rulings and/or Congress to pass a law? Or at the very least the DOJ going after them instead?

I see no teeth in his EO. This is just fluff for the sheep and the media. I don't see Garland doing anything about it. He ranks right up there with Lynch and Placeholder as worthless. Probably the only good thing McConnell's ever done.. keeping that ****bag off the scotus.
Riverrat10k
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Someone needs the guts to walk into a board meeting, in swat gear,and arrest them all. No warning, no negotiating with lawyers first.

FBI? Nah, never happen.

Unfortunately, otherwise intelligent people's eyes glaze over when I discuss the raping of the populace by big pharma.

As Karl has shown, with the math, a reduction in medical spending could balance the budget and restore American productivity by reducing the overall tax burden on us.

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Whitehat
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Quote:
The people of this nation tell both said "industry" and the government that they either stop it -- right now, today -- or tomorrow they WILL stop, because they're not breathing anymore.

yes, i get that. It is an admission that the rule of law is dead. Then people start fixing other things.

In actuality we are already there. Many play the system, bend the rules and outright break the law (hello to some libertarians) to make things work for them.

They have no ideals, so will not break the law or risk societal disruption for a moral cause.

In essence, they are now and in the future getting what they deserve for having no moral center.

Either way, this is only theoretical since most do not have the capacity, mental or physical, or drive to do anything. Those that do figure out their own personal hacks.

Was it always this way? Do we simply believe in a lie concerning the noble humans of our founding?

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Riverrat10k
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@whitehat

The industry does not need to cease,but the folks at the top deserve prosecution.

Plenty of freshly minted MBA's out there to fill their overpaid jobs.

Oops! not so overpaid anymore!

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Tickergroupie
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I always enjoy good comedy.
Vernonb
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Got my first wind of this EO last night when I saw Louis Rossmann talking about it on my news feed. Louis was talking about this from the "right to repair" issue. This tells us how far the crap hole when a consumer can no longer repair his own devices or have another 3rd party repair it. If this was some critical device as civilian plane navigation it might be plausible but everyday non-critical devices? I think not.

I think Louis is a bit too optimistic considering the political hacks/*****s are bought and paid. Biden's EO addressed this in regard to the military. Like Karl has pointed out many times the laws are there. They simply are not being enforced.

I remember many of the TV and other repair shops in the 60s and 70s. Many of those techs got their training in the military - especially the Air Force. I actually hired one of these vets years ago when I managed the department. One of the best employees I ever had and we became fast friends.

Is this right to repair issue still another sign of the dumbing down of the country so that even the military can't maintain its own equipment with needed skills? Last time I checked diversity skills don't fix electronics. Also not very practical in a firefight situation. Maybe someone with experience from the military side can speak up about the military skills situation. Is the military expected to treat equipment as some type of "magic box?"

Additionally many devices from that period (50s-80s) also included schematics to assist in the repair of the device within the case. Also outside repair books were also available.




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Yeah, I saw these EO's and I'm thinking, this isn't some new change in policy, it's the DNC shaking down all of these companies for more bribes, errr, I mean campaign contributions. The Chicago machine running DC needs to get their beaks wet.

It's amusing how once these plucky upstart tech companies became corporate behemoths, they changed the rules and laws to make sure no one could come along and do what they did to get where they are:

Microsoft: Set aside that Gates and Allen wrote their first version of BASIC for the Altair on a Harvard mainframe and the **** you would have to deal with now if you try to sell something build with their iron. The hijinks that birthed MS-DOS was truly something to behold. They buy a rip-off of CP/M from a computer shop and license it off to IBM as the foundation of one of their major product lines. Of course it didn't help that Gary Kildall was smart with computers but lousy at making business deals, especially with cards he was holding in that poker game.

Apple: They cut a deal with XEROX to let them take a look at their tech at PARC in exchange for XEROX buying a small stake in the company. And after seeing some youtube videos of a restored Alto built in the early/mid 1970's, I understand why Jobs went bat-**** crazy when he saw it years later. But they were only supposed to get a tour. When XEROX stopped returning Jobs' phone calls, he poached the PARC engineers to recreate their technology for his pet projects.

Try pulling **** like that today and watch what happens to you.


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Frat
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Whitehat wrote..
Was it always this way? Do we simply believe in a lie concerning the noble humans of our founding?


I was actually thinking about this very thing over the weekend; someone in the Bar area (I think) mentioned how this was not the country they grew up in. I had doubts about that. I think it all a matter of degrees and the naivete of youth. YOU as a youth did not think these things happened, because you were oblivious at the time. A simple example is all the pedos out there (may they burn in hell forever), and how we hear about them so much more now. I think they were always there, but with the advent of the internet and 24 hour news cycle, we just hear about their reprehensible behaviors more.

That said, I think it honestly is a combo platter, @Whitehat. I don't think the past was nearly as rosy as people think or believe "When *I* was young...!", but I also think the rot and corruption have gotten exponentially worse in the past 75 - 100 years.

The most disturbing thing to me lately is how BLATANT it has become. There have been no consequences of note, so "they" have quit bothering to even hide their activities.

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@ Frat ... everything is OVERT now. As you said so accurately "The most disturbing thing to me lately is how BLATANT it has become. There have been no consequences of note, so "they" have quit bothering to even hide their activities." GAME OVER. This country is done and buried. ZERO chance of ever returning to what it once was. Prepare accordingly.
Cmoledor
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@Frat and @Kokobeware. Im with you both on those points. Its always been there. Even including the founders and greatest generation. Its been one big ****ing scam. I take no pleasure in saying that. At all. It makes me ill to think it actually.

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The whole world is one big ****ing scam
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Riverrat10k
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@Frat
I've said for years and agree there has always been rot, it's only now more visible.

However, I'm about Karl's age and as a teen and young adult, there was no cell phone tracking, no traffic cameras, limited public surveillance, no google earth.

So, in some ways, yeah, I feel like I grew up in the last of the good old days before the technocrats started tightening the noose.

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Tickerguy
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Yep.

Through my college years and into young adulthood there were no cellphones at all, no Wifi, no cheap data of any sort and thus no coverage with data "everywhere" either. Data was dial-up modem (300 baud at that) or X.25, if you had money, typically over 56kbps leased lines.

If you went off the road into a snowbank in the frozen north, which was pretty easy to do and which was piled high by dump-truck style augur-mounted blowers if the wind was blowing the hole you made would be covered by drifts and become invisible within minutes. If nobody saw it happen (and if away from metros nobody would, as likely nobody would be there when it did) you were ****ed; they'd find your very dead body that had been frozen all winter and only thawed when the snow melted in April or thereabouts. Every year it happened to a few people and attempted searches were, in virtually every case, futile.

If you didn't get actually caught speeding or going through a red light at the time you got away with it; the cop either saw and chased you down or did not.

If you got in a wreck they actually had to do police work -- you know, looking at skidmarks if they were left, who hit whom based on the damage to the vehicles and where the debris was and similar? Ditto for actual crimes; they had to lift prints, talk to people, stake out buildings and similar -- in other words, actually work.

Walking down a street? Unless someone with a film camera took your picture there was no PROOF you were there. People might claim they saw you but they couldn't prove it unless you left some sort of physical evidence behind.

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Redjack
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It is a cycle.

Grandpa was a Grange man years ago. He would tell stories how the rates to ship your corn or beef on the rails depended on how much you paid in bribes. He talked how the old canned beef had "embalming fluid", store bought bread was filled with saw dust, and that you were not allowed to buy a chicken that you picked out yourself by federal law in the 30's.

I thought he was lying.

He was not.

Perhaps Right to Repair will pass, perhaps not. They stopped Monsanto from using software IP laws with seeds, but that took a decade of litigation (where the neighbor, who DIDN'T plant Monsanto, was charged because the corn that WAS pollenated him).

We are in a bad spot. I suspect they will break up big tech before to long, but they broke up Standard Oil too and now look at where we are.
Gonavybeatarmy
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Quote:
Probably the only good thing McConnell's ever done.. keeping that ****bag off the scotus.


Yeah, so we could have Amy Concede-Backpedal instead. Great job.
Gonavybeatarmy
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Quote:
Through my college years and into young adulthood there were no cellphones at all, no Wifi, no cheap data of any sort and thus no coverage with data "everywhere" either. Data was dial-up modem (300 baud at that) or X.25, if you had money, typically over 56kbps leased lines.

If you went off the road into a snowbank in the frozen north, which was pretty easy to do and which was piled high by dump-truck style augur-mounted blowers if the wind was blowing the hole you made would be covered by drifts and become invisible within minutes. If nobody saw it happen (and if away from metros nobody would, as likely nobody would be there when it did) you were ****ed; they'd find your very dead body that had been frozen all winter and only thawed when the snow melted in April or thereabouts. Every year it happened to a few people and attempted searches were, in virtually every case, futile.

If you didn't get actually caught speeding or going through a red light at the time you got away with it; the cop either saw and chased you down or did not.

If you got in a wreck they actually had to do police work -- you know, looking at skidmarks if they were left, who hit whom based on the damage to the vehicles and where the debris was and similar? Ditto for actual crimes; they had to lift prints, talk to people, stake out buildings and similar -- in other words, actually work.

Walking down a street? Unless someone with a film camera took your picture there was no PROOF you were there. People might claim they saw you but they couldn't prove it unless you left some sort of physical evidence behind.


How I miss those days. The inherent danger in dying in a snowstorm made everybody a better driver. Lose control speeding and you might not get home. No cellphones and no WiFi also made life better, too. I'm early 40s and remember how life used to be peaceful.
Riverrat10k
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@gonavy

And somehow, I always managed to navigate to and fro and find my way home?!

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A motion to adjourn and go fishing is always in order.
--me channeling Heinlein
Tickerguy
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I still have an actual ATLAS in my car.

Why?

Uh, it works even if there is no signal anywhere, ever again?

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Riverrat10k
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@Tickerguy

🤣🤪🤣🤪😜😝🤣😂

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A motion to adjourn and go fishing is always in order.
--me channeling Heinlein
Riverrat10k
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Me too.
Hunting and fishing state atlas.

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A motion to adjourn and go fishing is always in order.
--me channeling Heinlein
Frat
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Heh, on the Frat Clan's epic trip west, one of the first things - before I let Mrs. Frat plan - was an old school, Rand McNally atlas. You know, the BIG ass kind that even a mid-40's dude with fading eyesight can generally see? Yeah, THAT one. I even splurged and got her the one that has spreads on all the National Parks in the front, so we could get more ideas. And - yes - it traveled with us the entire way. I like maps - REAL maps - and I do not like getting lost while hoping for ****ing signal for the GPS to tell us where to go.

Granted, the family thought I was just being me - older, cranky and liking **** old school - but I like having backup(s). It's also why a specific bag was packed under the floorboard with very specific items that were never to be removed on the trip unless absolutely necessary. I never made it past Cub Scout, but I sure as hell do like being prepared.

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We're ****ed. Where's Henry Bowman Kyle Rittenhouse when you need him?
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