15 Comments
Mar 24, 2022Liked by Matt Stoller

Matt … I have become convinced that a point you made about the judge in the Amazon case is more important than we have thought. Ignoring transgressions , ignoring monopolies, lack of enforcement, industries regulating themselves, industries writing laws that govern themselves … is all just easier for those who should be exercising their responsibilities. And, the complexity of these matters makes doing nothing even more compellingly easy.

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Mar 24, 2022Liked by Matt Stoller

There's a brighter side to interpreting the district court's decision. First the judge did not opine on the dismissal other than pronouncing a one sentence conclusion. Second, dismissal expedites the appeal that would have happened no matter who prevailed at the district court. By not giving any rationale other than a conclusory statement, it puts the plaintiff in a good position to appeal. It could be that the judge realized that this case is out of his league. If his decision is reversed, maybe on remand some other, more qualified, judge may get assigned the case. This is not the beginning of the end but the end of the beginning. Yes, this is a delay, but if this case has any legs, it will take years to resolve. Viewed in context, this decision may turn out to be good for the plaintiff.

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Mar 24, 2022·edited Mar 24, 2022

You got me thinking more about counterfeit products on Amazon. Sellers constantly pop up with half priced counterfeits of our products. It is super frustrating. Amazon has a minimum veneer of caring about this problem bc they get their cut of the sale on the front end and from the warehouse/shipping fees on the back end so they have zero incentive to address this flea market hard maybe impossible to police problem. And the quality of the fakes is usally close enough that most consumers don't care. I am fairly certain most over seas manufacturers sell to us out the front door and others out the back. This has existed since the beginning of time. BUT now you gave me another reason to understand Amazons deaf ears to this issue. Most of these sellers are fly by night and come and go constantly. There is no fancy agreement not to not sell their products lower elsewhere. Or maybe there is in the fine print of Seller/Vendor Central agreement. But these sellers don't care. They only sell on Amazon and it is trivial to open an account. But these super low priced counterfeits actually benefit Amazon greatly in the case he outlined above bc it is very easy to point to these low priced products as proof no one is manipulating anything. See. Amazon does have the lowest prices and it helps the consumers. It really is crazy making and I have no clue how you could get anyone without years of experience to understand this much less have smoking gun proof. In fact I am not even sure if Bezos or Amazon completely know that all this happens. Maybe at the tippy top but my experience with them like any huge organization the right has no clue what the left is doing. And it is even worse at Amazon because their mantra is to automate and make an algorithm for everything. But down in the trenches is the only place the negative consequences of this are obvious. And I think we are just collateral damage.

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``Judges behaving badly``

The judicial system is rife with bias, corruption and incompetence, even the judges know it and that`s why there is an appeals process at every level - to allow those who have deep pockets to get bad decisions reversed (or sometimes good decisions reversed). All in all the judicial system is unaccountable, opaque and defective - which is exactly how it is supposed to be. What good would a fair and equal justice system be to the ruling class?

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Thank you.

More and more people also realize that Joe Biden’s cabal and a bipartisan US War party are war criminals and killers.

In words of Patrick Lawrence, Russia's special operation in Ukraine is "Regrettable but necessary."

https://thescrum.substack.com/p/the-casualties-of-empire?s=r

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Matt Stoller, ..............WRT this remark.

"P.S. Yesterday, the Senate Commerce Committee passed unanimously its version of the Ocean Shipping Reform Act, which would re-regulate shipping. I’ll be writing a short piece on what happened."

..........................Does the 'Ocean Shipping Reform Act' address nuclear smuggling at US Ports?

In 2006 an attempt by a Middle Eastern company to get a contract to operate Port Canaveral was shot down, but that company got it in 2016. Gulftainer, run by the sons of Saddam Hussein's bomb maker, Jaffar. Later, Joe Biden pushed through giving the same company a contract to operate Willmington, DE.

Russian shipping container nukes are "inside the wire" at several US ports next to US Nuclear Sub bases.

bitchute.com/video/IpBKzWW1hFE/

Something else to worry about...Iran's container ship "Beach Ball" nuke attack is likely already "inside the wire" in Florida and Delaware!

theamericanreport.org/category/home/gulftainer-papers/

theamericanreport.org/category/home/gulftainer/

About those CCP container ships that have not docked, close to shore and under the radar!

theamericanreport.org/2017/10/28/the-perfect-storm-port-canaveral-gulftainer-club-k-russia-endgame/

centerforsecuritypolicy.org/gulftainer-us-ports-and-the-club-k-missile-system/

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Thank you for mentioning and linking KBJ's comments on Anti-trust.

Its frustrating to watch, because its clear that the format here prevents clear questions on the topic at hand. This is possibly one of the biggest events in anti-trust, and we have so little to go off of, because while she has a fairly long career on the bench, it isn't full of relevant high-profile cases, and the senators are limited in the questions they can actually ask.

I suspect she will be no friend of antitrust: She talks about "precedent" too much. I think she's trying to say that she will be defending previous controversial rulings like roe v wade, but not enacting any new ones... but that leaves her in an unlikely position to overturn the consumer welfare standard.

This is, of course, assuming she stands by her statements in the hearing. I'd really have preferred a candidate with more high profile rulings that give us a better idea of who was actually nominated.

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Short I go off topic

"somewhat". WHY, to get you to look further ahead. Yes it's a monster it's an octopus. I counted 28 arms in 2010. We got to fix our Divide, Society, and Congress, again "Congress" Yes or No?

If we have cowards, stupidity, lawyers who like to write 2000 page laws, that run committees that can fix this! Many, many fronts here.

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What a mess, if you was to hold a nationwide vote over to let big corp. run government. How many would vote for that? How many in Congress would vote for that?

I do believe in capitalism, but when we dropped our monopoly laws in the 80s I saw this as a big mistake. These were put in place for a reason, along with Glass and Siegel act.

But all dropped.

During the housing bust, I knew and before it started around 2003. BEING from how the Federal Reserve went off of, I used to call, and believe they even call it was called the 3M's. I was able to find it pretty easily beforehand when they would raise or drop interest rates. Open up Cash lending.

Back to 2003 if "IF" going back to the three M`s. SAVING nationwide we hit close to 1%. From Free interest rates credit cards. When in pass using (3M`s) NOTE: Federal Reserve would use as healthy economy being around 14% in savings. Along with they would use that on banks and their deposits. The "Volcker rule" which I am admit I don't know how he came up with over 20 percent+ prime rate! Short,, The Federal Reserve, F-up there, big time OR was it something worst? by not cooling lending when saving deposits dropped. NO, the Clinton administration, was also pushing everybody should own a home. Them and or Banks Derivative market, NEED for more, to sell to bust Retirement funds, and or other government's.

Back to start of this, then came Greenspan, broke that, by, lowering their deposit requirements, Thus, brought on free-market competition to lower interest rates! then S&L bust. Short from that brought on closing small bankers, Thus BankAmerica, Wells Fargo and J.P. Morgan Chase Bank, became the Domination of banking. lets not forget "Goldman Sachs". Trickle down theory and opening Lawful leveraged buyouts of the 80`s

Patriot Act which is still on the books I believe. Opened up, NOT where just government's Monitoring Your communications. Phone and Internet Corporations Thus also get the monitor you, thus opened up third-party, which could be not just one third-party but multiples 3rd`s. To sell, your habits.

Is it true, that 2% of the population owns 80% of Wall Street? or is it less then two and more of 80%?

I think we've hit a point, where you got to ask, holding mass wealth in just a few hands. NOT, outright stating that were on the cusp one corporation or one person Could own it all! Then what will happen?

I hate to put it this hard, could this be a national and/or global threat? Where, We have one or one board membership, decides who gets to live and who gets to die where national or global population is seeing out of control or viewed as the glasses "IS" just to full. Where they, would have the power to empty out 80 to 90% of that glass!

I saw your Job Openings, I was need of a job several months ago. I applied to "Protect Democracy". Instead of a cover page and resume I wrote eight page letter. I believe I pointed out more to why not to hire me vs a good hire.

We need to tie multi-groups together, that`s Already up and running. Our totally new.

A go between from Gov and the voters, Just like Your monies are as to Gov. Like IRS and the Federal Reserve. Refine the party system as to what they stand for, vs other!

Then produce, Something like the old football programs you would buy going into the stadium.

Fact sheet on your elected Official, for re-election and back ground to that new freshman stat sheet.

We need, statesmen, again people that are "STATEMEN`s to govern. Vs. Cowards and sellouts. You hold a public office position, then you should be ready for your private life is going to be public, mainly your finances and or groups you hang out with. But, yes, there has to be a line too.

NO, to have a camera on you and your family 24/7. NO!

BUT, isnt this where we are NOW, as a plain Citizen?

What I am getting too, I am Asking is my big question, Our two-party system Democrats and Republicans. Are they just playing good cop, bad cop with us? WHY buy one party when you can buy both? To divide us more and more and watch this hand while I stick it to you with the other!

this is JUST ONE Example of the other hand, Matt?

To many fronts here Matt and other readers.

It`s going to take a army and multi Billions, to fund.

An, where is My skill sets here? I have a few,,, I am going to TRY on my own I think.

One of those is, and I have signed off as. But an a clue, and true Goal is.

"My Name is NoBody" (1vs160) From a Old Movie Western, Starring Henry Fonda.

I am NoBody.

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"Why is Microsoft getting into BNPL?"

Because it's free margin, and BNPL is replacing credit cards in the new generation as the preferred way to carry debt, with far fewer regulations allowing the BNPL companies to make obscene profits with relatively low-risk.

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I'd expect Racine and his outside counsel to refile a far more a more extensive complaint both in terms of the facts and law on the issues he's pursuing. He's likely to run into a problem linking the two sales practices at issue. Prime is really a price discrimination tool. Amazon has correctly identified a set of customers that will pay an annual fee that buys some degree of loyalty (akin to a club membership) in return for services for which they are not charged separately. Does Prime meet the requirement for predatory pricing? That test requires defining the relevant market (purchase and delivery of products purchased from on-line sellers?), whether sales to Prime customers are below cost (incremental) and whether such a practice on its own injures competition (Amazon won't be able to recoup its losses and online competitors are unable to match the deal). Predation cases are tough to sustain. Is the more direct path for Racine to limit the case to the pricing practice Amazon enforces as to rival on-line alternatives (minimum re-sale price maintenance) and try and prove the policy has no justification other than to retain Amazon's exiting market power in online sales.

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Alternatives to Amazon: Libro.fm (for audio books). Local bookstores have web pages and can order books. Redbox (!) has a streaming video service.

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