TGIF: Khan Controlling Trade

Lina Khan is a Washington, D.C., rock star. She is not only President Joe Biden's celebrated chief of the Federal Trade Commission (FTC); she's also a favorite of J. D. Vance, Donald Trump's pick for vice president.

This Lina Khan must really have something going for her—until you recall that Biden and Vance, and by implication Trump and Kamala Harris, reject individual freedom as an inseparable unity. In other words, personal freedom requires economic freedom and vice versa. What chance does freedom of speech and press have in a society without private property? Individual liberty in the absence of free enterprise—unsupervised by force-wielding bureaucrats—is a delusion.

Let's look at the FTC. It was created in 1914, which immediately should make you squirm. So-called progressive Woodrow Wilson was president in those days. He is a contender for the worst American of the 20th century if not of all time. Leaving aside his incredibly evil involvement of the United States in World War I, which helped make the century a slaughterhouse, he devoutly believed that the national government should be all-powerful.

Quaint ideas like limited government under a fixed constitution may have made sense in the 18th and early 19th centuries, he thought, but not in modern progressive 20th-century America. The national government (forget the several states) and its anointed, dispassionate, above-the-political-fray experts should run society. Americans should go along with whatever directives the experts think best. Any argument against that proposition was surely motivated by selfish, profit-driven, exploitative bad faith. If the untrusted market can't be abolished, then at least it should be guided by a category of person that has always had a sparkling record for trustworthiness: bureaucrats, who, unsullied by the profit motive, have the best intentions and perfect insight into the public interest. The FTC is an example of what Wilson had in mind. The marketplace will always fall short of the progressive ideal, so public-spirited bureaucrats must keep it on the right path.

The FTC's website proclaims: "Our mission is to protect consumers and promote competition." Sounds innocuous. It's not. If you've ever visited the FTC building in Washington, you've seen the two Soviet-style sculptures on the grounds. The sculptures were Michael Lantz's winning entries in a Roosevelt administration New Deal contest, which will surprise no one. (Lantz was the brother of famed Woody the Woodpecker cartoonist Walter Lantz.)

The sculptures depict a muscular human figure struggling heroically to control a wild horse that threatens to break free and run rampant through town, leaving death and destruction in its wake. The title is "Man Controlling Trade."

That's how Franklin Roosevelt and Woodrow Wilson saw trade. It's how the Federal Trade Commission sees it today: a wild animal that needs to be restrained. Today, Lina Khan the chief controller. Khan controls trade.

But the sculptures and mission make no sense. Trade is not a wild animal. It's a peaceful, cooperative activity that individual human beings engage in when they anticipate mutual benefit. Each party exchanges what he or she wants less for what he or she wants more. No exchange takes place otherwise if the parties are free. (Compare that to government eminent domain.) Historically, trade civilized human beings by demonstrating that cooperation through the division of labor is better than conflict. It's how to get rich.

Thus, likening trade to a wild beast is obscene. It's a self-aggrandizing lie by politicians, bureaucrats, and anointed experts.

The FTC says that "for over 100 years, the antitrust laws have had the same basic objective: to protect the process of competition for the benefit of consumers, making sure there are strong incentives for businesses to operate efficiently, keep prices down, and keep quality up." But don't businesses already have "strong incentives ... to operate efficiently, keep prices down, and keep quality up." And don't they have an incentive not to endanger consumers? Unlike the government, businesses face consumers who are free to say, "No, thanks. I'll shop elsewhere" Yes, business people sometimes try to take advantage of consumers or have bad judgment, but that's a feature of people, not business. Who runs the government regulatory agencies, saints? At least businesses face competition. You can't say that for government.

The progressive answer is that businesses have all the power and customers have none. Nonsense. Unless the government helps business by stifling free competition, "market power" means nothing more than the "power" to please consumers better. The FTC (and the Justice Department's antitrust division) claim to serve consumers, but in reality, they just protect inferior companies from superior companies.

Lina Khan has excited attention for breathing new life into government interference with trade, especially in high-tech America. Her dubious innovation is in believing the government can't leave big tech companies, such as Amazon, alone merely because they please customers with great service and low prices. As she wrote in a law journal article in 2017, "Animating these critiques [about tech companies] is not a concern about harms to consumer welfare, but the broader set of ills and hazards that a lack of competition breeds.” (Emphasis added. HT: Saul Zimet of the Foundation for Economic Education.) Khan continued:

To revise antitrust law and competition policy for platform markets, we should be guided by two questions. First, does our legal framework capture the realities of how dominant firms acquire and exercise power in the internet economy? And second, what forms and degrees of power should the law identify as a threat to competition? Without considering these questions, we risk permitting the growth of powers that we oppose but fail to recognize.

Khan, a lawyer not an economist, speaks gobbledegook. It's a blank check for overseeing and quickly overruling free enterprise, as an end in itself—central planning without nationalization. Bureaucrats know better. They need no profit-and-loss test.

As we should know by now, drawing on Ludwig von Mises's critique of socialism, no set of bureaucrats can know what she claims the FTC can know. They can't even define the relevant market in which to "measure" alleged monopoly power because they don't know what consumers will deem as suitable alternatives to a given good when dissatisfied with its price or quality.

Moreover, the bureaucrats ignore how potential competition disciplines a sole firm as much as actual competition does—as long as the government grants no privileges. Abnormally high prices and profits in an industry are engraved invitations to potential competitors. So are perceived abuses of consumers. It's also possible that what the FTC sees as abuse the consumer sees as a good deal. (Ads tailored to one's online buying patterns may be thought superior to random ads.)

Khan is also needlessly concerned about mergers and acquisitions. Many high-tech innovators have developed remarkable new products intending to sell them to an existing tech company for lots of money with which to move on to the next innovation. Venture capitalists earn fortunes by spotting such opportunities. Khan would obstruct if not do away with that process. We'd all lose out. Has she never read Bastiat's "What Is Seen and What Is Unseen"?

Khan says that data gathering and artificial intelligence present new challenges to the marketplace that the government must meet. But the fatal flaw in all market-failure reasoning is that the alleged solution—the state—is subject to far more pervasive government failures. In the market, entrepreneurs earn profit by solving problems. No counterpart exists in the government. On the contrary, bureaucrats can prosper by not solving problems or by creating new ones, justifying larger staffs and budgets.

The basic economic fact the FTC ignores is that competition is an open-ended, dynamic discovery process driven by rivalrous entrepreneurs trying to please consumers. Technology and consumer preferences change all the time, and all businesses must keep up or lose out to better entrepreneurs. No firm—if it has zero access to government coercion—can threaten competition, not even with noncompete agreements, which are contractual terms that will fall by the wayside if they don't ultimately serve consumers. While firms cannot "threaten" competition, they can indeed "threaten" competitors by being better at pleasing consumers. Bureaucrats, who are not market participants risking their own wealth, can only pretend to know what is best from their perch in the government, which, let's remember, is a monopoly. As George Mason University Donald Boudreaux advised, if Khan has such keen insight into market shortcomings, she should become an entrepreneur. She'll make a fortune and actually help society.

(See D. T. Armentano's classic, Antitrust and Monopoly: Anatomy of a Policy Failure and other material here and here.)