I agree with you that regulation has costs. I never intended to communicate that it didn't. Yet, at risk of stating the obvious, the fact that something has costs doesn't make it not worth doing if its benefits are greater than its costs. The question then returns to the crystal ball; will society be better off if we allow or deny the merger? I get a sense that you are of the opinion that free markets generally lead to good outcomes. Me too! Central planning of economies is generally to be avoided. Yet at the same time, I view large concentrations of corporate power as an endogenous source of unfreedom in otherwise free markets. Big companies, if we're not careful, become mini central planners in their own right.
Are you suggesting that the only reason competition might not exist is because of government regulation? If so, that's not correct. Being free to enter a market doesn't mean that it's viable to do so. Barriers to entry are common in all kinds of markets so it's not as though people can always start competing against a weak vendor. Exclusive contracts, the threat of predatory pricing, increasing returns to scale, high switching costs, network effects, IP monopoly, geographic isolation, etc can mean that it's simply infeasible to enter a market and start competing against an underperforming incumbent. Local cable companies are a good example. If you want to start a cable company, you either have to lease cable from an existing owner or lay your own cable. The former is infeasible if your competitor owns the cable, and the latter may be prohibitively expensive. All that to say... merger control is an important tool which can help prevent markets from becoming more concentrated when barriers to entry are high [1].
Regarding WhatsApp & Instagram, we don't know what the counterfactuals are if Facebook didn't acquire them. It's not a dichotomy where either WhatsApp was either acquired or would cease to exist. Indeed, there could be another world where Instagram (a startup monetised via ads) merged with WhatsApp (another startup without a monetisation plan) to challenge Facebook. Perhaps that additional competition would have led to all sorts of innovations that we haven't thought of yet. Of course I can't prove that, but again, we're back to the crystal ball again ;)
Finally, it's important to acknowledge that antitrust is political. That's because public power (the state) is used to discipline/reshape private power (privately held firms). Furthermore, it's asking a very political question: who gets to coordinate economic activity? [2] Many other areas of law are similarly political (e.g. taxation law, electoral law), so antitrust isn't special. Yet it does explain to some extent why there are strong disagreements. That's okay :)
I would like to see a list of costs of these regulations. Lina Khan never mentions it. Again there may be a fundamental lack of rigour that causes her to lose her cases so absolutely.
Yes, you point to another fundamental problem: central planning has a consistent record at making most of the populace poorer. It’s precisely because you don’t know the counterfactual that you should leave decisions to those with knowledge and skin in the game (ie market participants).
If Silicon Valley’s best VCs have a 30% success rate at picking winners, I don’t see how bureaucrats in Washington (whose salaries, modulo election season, aren’t even subject to consumer preferences given that they’re extracted by force from our taxes) feel so confident.
Finally, of course there is a fundamental axiom that is the root of the disagreement. I view government bureaucrats as our servants given we pay their salaries. I would rather consume services with private service providers as I please and involve the government to arbitrate disputes that come up.
PS The UK government did a nice job opening their cable market.
I agree with you that regulation has costs. I never intended to communicate that it didn't. Yet, at risk of stating the obvious, the fact that something has costs doesn't make it not worth doing if its benefits are greater than its costs. The question then returns to the crystal ball; will society be better off if we allow or deny the merger? I get a sense that you are of the opinion that free markets generally lead to good outcomes. Me too! Central planning of economies is generally to be avoided. Yet at the same time, I view large concentrations of corporate power as an endogenous source of unfreedom in otherwise free markets. Big companies, if we're not careful, become mini central planners in their own right.
Are you suggesting that the only reason competition might not exist is because of government regulation? If so, that's not correct. Being free to enter a market doesn't mean that it's viable to do so. Barriers to entry are common in all kinds of markets so it's not as though people can always start competing against a weak vendor. Exclusive contracts, the threat of predatory pricing, increasing returns to scale, high switching costs, network effects, IP monopoly, geographic isolation, etc can mean that it's simply infeasible to enter a market and start competing against an underperforming incumbent. Local cable companies are a good example. If you want to start a cable company, you either have to lease cable from an existing owner or lay your own cable. The former is infeasible if your competitor owns the cable, and the latter may be prohibitively expensive. All that to say... merger control is an important tool which can help prevent markets from becoming more concentrated when barriers to entry are high [1].
Regarding WhatsApp & Instagram, we don't know what the counterfactuals are if Facebook didn't acquire them. It's not a dichotomy where either WhatsApp was either acquired or would cease to exist. Indeed, there could be another world where Instagram (a startup monetised via ads) merged with WhatsApp (another startup without a monetisation plan) to challenge Facebook. Perhaps that additional competition would have led to all sorts of innovations that we haven't thought of yet. Of course I can't prove that, but again, we're back to the crystal ball again ;)
Finally, it's important to acknowledge that antitrust is political. That's because public power (the state) is used to discipline/reshape private power (privately held firms). Furthermore, it's asking a very political question: who gets to coordinate economic activity? [2] Many other areas of law are similarly political (e.g. taxation law, electoral law), so antitrust isn't special. Yet it does explain to some extent why there are strong disagreements. That's okay :)
[1] https://papers.ssrn.com/sol3/papers.cfm?abstract_id=1999829 [2] https://heinonline.org/HOL/Page?handle=hein.journals/uclalr6...