1. Inspired by the New Yorker's damning portrait of WeWork and American capitalism today, a thread on how law unavoidably shapes business strategy, for better or for worse đź§µ
3. The law at present encourages the bad practices of WeWork, Uber, Amazon, and many others. Specifically, antitrust law currently permits and favors socially destructive forms of business competition, such as below-cost pricing, M&A, and cost control through wage suppression.
4. A different set of antitrust rules would promote competition based on fair treatment of customers, workers, and suppliers and investment in new capacity and technologies
6. Antitrust practitioners and scholars, however, have ignored this question for decades and insisted competition is categorically good, ignoring that business rivalry is never a free for all
7. What constitutes fair competition affects all of us and is too important to be left to technocrats reliant on false conceptions of the economy. Members of Congress and the public must be involved in debates on antitrust and business regulation again.
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