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Yes, historically the Sherman Antitrust Act (1890) and the Clayton Act (1914) define the roll of "regulated capitalism" rather than simply "free market capitalism". There has been a continuous battle between people who wanted to get infinitely wealthy by exploiting their dominance and the Government ever since.

I've had some great conversations with folks about why this form of "American Capitalism" is the most efficient economic engine with regard to an industrial economy. As a system, this, and a graduated taxation that provides a damping function on "infinite wealth" and feeds it into government services has the potential to create an economy where everyone has a chance to get rich, and everyone's basic needs are met. That combination maximizes participation in the economy and thus GDP.

The macroeconomics class I took spent several weeks on this relationship and the "Great Courses" economics class also talks about it.

The challenge is that rich men (typically its men) don't like being told they can't do something, or told they have to do something which will reduce their total wealth, and they respond by corrupting legislators into changing the rules.

It isn't "good" or "bad" per se, some people always eat all the cookies if they think they can get away with it. As a systems analyst though the system is an excellent study in 'tuning.' In theory, as a government maximizing GDP is a goal because the more GDP the more gets done the happier people are, etc etc. Technology strongly affected the rate of change of wealth, people who were middle class at a startup suddenly being in the top 10% in terms of wealth over the course of a few years, rather than a life time of work and savings. Others leveraging their wealth in technology startups having it rocket them into the 1%.[1] Something that the US system of laws does not do well is respond to changes "quickly" (my lawyer friends tell me that is a design feature not a bug). But as we saw with Microsoft's antitrust case they do respond eventually.

[1] Back in the dot com days there was an article in Wired about the "Billionaire Boys Club" which talked about members of the several VC firms whose net worth had ballooned to over a billion dollars.



Do you think the feature is a good thing though?

I think if the system could limit the ability of rich guys to corrupt legislators, then regulation would just work. I think "Citizen's United VS FEC" kind of broke regulation in that sense. It probable had a positive effect on the economy for some years, but imo it broke American politics. We've even started to see regulators like the EPA and SEC lose high profile court cases.

I'm no lawyer and I think this looks like a great case, but I'm not too confident.




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