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The one weird monopoly trick that gave us Walmart and Amazon and killed Main Street
I'm coming to BURNING MAN! On TUESDAY (Aug 27) at 1PM, I'm giving a talk called "DISENSHITTIFY OR DIE!" at PALENQUE NORTE (7&E). On WEDNESDAY (Aug 28) at NOON, I'm doing a "Talking Caterpillar" Q&A at LIMINAL LABS (830&C).
Walmart didn't just happen. The rise of Walmart – and Amazon, its online successor – was the result of a specific policy choice, the decision by the Reagan administration not to enforce a key antitrust law. Walmart may have been founded by Sam Walton, but its success (and the demise of the American Main Street) are down to Reaganomics.
The law that Reagan neutered? The Robinson-Patman Act, a very boring-sounding law that makes it illegal for powerful companies (like Walmart) to demand preferential pricing from their suppliers (farmers, packaged goods makers, meat producers, etc). The idea here is straightforward. A company like Walmart is a powerful buyer (a "monopsonist" – compare with "monopolist," a powerful seller). That means that they can demand deep discounts from suppliers. Smaller stores – the mom and pop store on your Main Street – don't have the clout to demand those discounts. Worse, because those buyers are weak, the sellers – packaged goods companies, agribusiness cartels, Big Meat – can actually charge them more to make up for the losses they're taking in selling below cost to Walmart.
Reagan ordered his antitrust cops to stop enforcing Robinson-Patman, which was a huge giveaway to big business. Of course, that's not how Reagan framed it: He called Robinson-Patman a declaration of "war on low prices," because it prevented big companies from using their buying power to squeeze huge discounts. Reagan's court sorcerers/economists asserted that if Walmart could get goods at lower prices, they would sell goods at lower prices.
Which was true…up to a point. Because preferential discounting (offering better discounts to bigger customers) creates a structural advantage over smaller businesses, it meant that big box stores would eventually eliminate virtually all of their smaller competitors. That's exactly what happened: downtowns withered, suburban big boxes grew. Spending that would have formerly stayed in the community was whisked away to corporate headquarters. These corporate HQs were inevitably located in "onshore-offshore" tax haven states, meaning they were barely taxed at the state level. That left plenty of money in these big companies' coffers to spend on funny accountants who'd help them avoid federal taxes, too. That's another structural advantage the big box stores had over the mom-and-pops: not only did they get their inventory at below-cost discounts, they didn't have to pay tax on the profits, either.
MBA programs actually teach this as a strategy to pursue: they usually refer to Amazon's "flywheel" where lower prices bring in more customers which allows them to demand even lower prices:
https://www.youtube.com/watch?v=BaSwWYemLek
You might have heard about rural and inner-city "food deserts," where all the independent grocery stores have shuttered, leaving behind nothing but dollar stores? These are the direct product of the decision not to enforce Robinson-Patman. Dollar stores target working class neighborhoods with functional, beloved local grocers. They open multiple dollar stores nearby (nearly all the dollar stores you see are owned by one of two conglomerates, no matter what the sign over the door says). They price goods below cost and pay for high levels of staffing, draining business off the community grocery store until it collapses. Then, all the dollar stores except one close and the remaining store fires most of its staff (working at a dollar store is incredibly dangerous, thanks to low staffing levels that make them easy targets for armed robbers). Then, they jack up prices, selling goods in "cheater" sizes that are smaller than the normal retail packaging, and which are only made available to large dollar store conglomerates:
https://pluralistic.net/2023/03/27/walmarts-jackals/#cheater-sizes
Writing in The American Prospect, Max M Miller and Bryce Tuttle1 – a current and a former staffer for FTC Commissioner Alvaro Bedoya – write about the long shadow cast by Reagan's decision to put Robinson-Patman in mothballs:
https://prospect.org/economy/2024-08-13-stopping-excessive-market-power-monopoly/
They tell the story of Robinson-Patman's origins in 1936, when A&P was using preferential discounts to destroy the independent grocery sector and endanger the American food system. A&P didn't just demand preferential discounts from its suppliers; it also charged them a fortune to be displayed on its shelves, an early version of Amazon's $38b/year payola system:
https://pluralistic.net/2022/11/28/enshittification/#relentless-payola
They point out that Robinson-Patman didn't really need to be enacted; America already had an antitrust law that banned this conduct: section 2 of the the Clayton Act, which was passed in 1914. But for decades, the US courts refused to interpret the Clayton Act according to its plain meaning, with judges tying themselves in knots to insist that the law couldn't possibly mean what it said. Robinson-Patman was one of a series of antitrust laws that Congress passed in a bid to explain in words so small even federal judges could understand them that the purpose of American antitrust law was to keep corporations weak:
https://pluralistic.net/2023/04/14/aiming-at-dollars/#not-men
Both the Clayton Act and Robinson-Patman reject the argument that it's OK to let monopolies form and come to dominate critical sectors of the American economy based on the theoretical possibility that this will lead to lower prices. They reject this idea first as a legal matter. We don't let giant corporations victimize small businesses and their suppliers just because that might help someone else.
Beyond this, there's the realpolitik of monopoly. Yes, companies could pass lower costs on to customers, but will they? Look at Amazon: the company takes $0.45-$0.51 out of every dollar that its sellers earn, and requires them to offer their lowest price on Amazon. No one has a 45-51% margin, so every seller jacks up their prices on Amazon, but you don't notice it, because Amazon forces them to jack up prices everywhere else:
https://pluralistic.net/2024/03/01/managerial-discretion/#junk-fees
The Robinson-Patman Act did important work, and its absence led to many of the horribles we're living through today. This week on his Peoples & Things podcast, Lee Vinsel talked with Benjamin Waterhouse about his new book, One Day I’ll Work for Myself: The Dream and Delusion That Conquered America:
https://athenaeum.vt.domains/peoplesandthings/2024/08/12/78-benjamin-c-waterhouse-on-one-day-ill-work-for-myself-the-dream-and-delusion-that-conquered-america/
Towards the end of the discussion, Vinsel and Waterhouse turn to Robinson-Patman, its author, Wright Patman, and the politics of small business in America. They point out – correctly – that Wright Patman was something of a creep, a "Dixiecrat" (southern Democrat) who was either an ideological segregationist or someone who didn't mind supporting segregation irrespective of his beliefs.
That's a valid critique of Wright Patman, but it's got little bearing on the substance and history of the law that bears his name, the Robinson-Patman Act. Vinsel and Waterhouse get into that as well, and while they made some good points that I wholeheartedly agreed with, I fiercely disagree with the conclusion they drew from these points.
Vinsel and Waterhouse point out (again, correctly) that small businesses have a long history of supporting reactionary causes and attacking workers' rights – associations of small businesses, small women-owned business, and small minority-owned businesses were all in on opposition to minimum wages and other key labor causes.
But while this is all true, that doesn't make Robinson-Patman a reactionary law, or bad for workers. The point of protecting small businesses from the predatory practices of large firms is to maintain an American economy where business can't trump workers or government. Large companies are literally ungovernable: they have gigantic war-chests they can spend lobbying governments and corrupting the political process, and concentrated sectors find it comparatively easy to come together to decide on a single lobbying position and then make it reality.
As Vinsel and Waterhouse discuss, US big business has traditionally hated small business. They recount a notorious and telling anaecdote about the editor of the Chamber of Commerce magazine asking his boss if he could include coverage of small businesses, given the many small business owners who belonged to the Chamber, only to be told, "Over my dead body." Why did – why does – big business hate small business so much? Because small businesses wreck the game. If they are included in hearings, notices of inquiry, or just given a vote on what the Chamber of Commerce will lobby for with their membership dollars, they will ask for things that break with the big business lobbying consensus.
That's why we should like small business. Not because small business owners are incapable of being petty tyrants, but because whatever else, they will be petty. They won't be able to hire million-dollar-a-month union-busting law-firms, they won't be able to bribe Congress to pass favorable laws, they can't capture their regulators with juicy offers of sweet jobs after their government service ends.
Vinsel and Waterhouse point out that many large firms emerged during the era in which Robinson-Patman was in force, but that misunderstands the purpose of Robinson-Patman: it wasn't designed to prevent any large businesses from emerging. There are some capital-intensive sectors (say, chip fabrication) where the minimum size for doing anything is pretty damned big.
As Miller and Tuttle write:
The goal of RPA was not to create a permanent Jeffersonian agrarian republic of exclusively small businesses. It was to preserve a diverse economy of big and small businesses. Congress recognized that the needs of communities and people—whether in their role as consumers, business owners, or workers—are varied and diverse. A handful of large chains would never be able to meet all those needs in every community, especially if they are granted pricing power.
The fight against monopoly is only secondarily a fight between small businesses and giant ones. It's foundationally a fight about whether corporations should have so much power that they are too big to fail, too big to jail, and too big to care.
Community voting for SXSW is live! If you wanna hear RIDA QADRI and me talk about how GIG WORKERS can DISENSHITTIFY their jobs with INTEROPERABILITY, VOTE FOR THIS ONE!
If you'd like an essay-formatted version of this post to read or share, here's a link to it on pluralistic.net, my surveillance-free, ad-free, tracker-free blog:
https://pluralistic.net/2024/08/14/the-price-is-wright/#enforcement-priorities
#pluralistic#Robinson-Patman Act#ftc#alvaro bedoya#monopoly#monopsony#main street#too big to jail#too big to care#impunity#regulatory capture#prices#the american prospect#Max M Miller#Bryce Tuttle#a and p#wright patman
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"These are the real hero innovators of our time: scientists nobody has heard of in labs ironing out the kinks in perovskite solar panels for a few more percentage points of efficiency…working on heat pumps that can work in very cold temperatures; and on and on."
#article#climate change#climate crisis#solarpunk#technology#the american prospect#ryan cooper#solar energy
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#income inequality#anti capitalism#pluralistic#worker power#austerity#monetarism#jerome powell#the fed#federal reserve#finance#banking#economics#macroeconomics#interest rates#the american prospect#the great inflation myths#debt#graeber#michael hudson#indenture#medieval bloodletters#college debt#wealth inequality#Important#crowfunding#branco#student loans
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Looking at Jase Robertson and David Dayen, you wouldn't think the two of them have much in common. Robertson is known for his time on the A&E reality TV show Duck Dynasty. He currently hosts a show on the conservative digital outlet TheBlaze. David Dayen is a longtime progressive journalist and executive editor for The American Prospect magazine.
However, over the past few weeks, tweets from both Robertson's and Dayen's Twitter accounts have been sharing the exact same messaging.
#Twitter#Stolen#Verified#Scammed#Support#Mashable#Jase robertson#David dayen#A&e#Tv#Duck Dynasty#Theblaze#The American prospect#Messaging
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in the interest of complacency, here are some screenshots of polls right up until november 8, 2016:
(from this website) - there are many more polls in here, but i just took a screenshot of one bunch as an example. the graph is made of an aggregate of 1,106 polls total.
you cannot trust the polls. hillary clinton was up in the polls pretty much her entire campaign by a huge margin and she still lost. the only way to ensure that the polls reflect true is to increase voter registration, ensure people go out and actually vote, and make sure people know what's at stake this election.
also, i got a few people saying that the democratic party isn't appealing to single-issue voters re: my last post. and you're right. they're not. kamala's speech on the war in gaza was shoehorned and empty at best, and reflected that same zionist outlook we've been watching pretty much the whole time. but the whole point of that post was to urge people to elect a president who would actually listen, and to look at all the other issues that are also at stake in this election.
it's so fucking shitty that we have to come down to that, but we have a greater chance of getting what we want re: palestine if kamala's president than if trump is re-elected. not to mention kamala will protect women's rights, reproductive rights, queer rights, cut taxes for middle-classes, and reduce debt (and more). trump endeavours to do the exact opposite, and his support for netanyahu is far greater than kamala's or even joe biden's is.
i also think that people are seeing trump as "the devil we know" since he's been in power once and we know what he'd be like as a president, but in reality, him being in power once nearly broke the democracy. him being in power twice will finish the job.
the anger at the biden-harris administration resulting in people not voting for kamala harris will only punish american citizens for generations to come.
#zee rambles#us politics#kamala harris#donald trump#election 2024#us elections#america#democrats#democracy#2024 elections#2024 presidential election#american politics#i totally get it because im just as pissed off#but the prospect of a second trump term scares me beyond belief#every time i want to make a shorter post i end up babbling#and if you want to threaten to say that you're gonna vote uncommitted all the way up to the election by all means do that#but please don't let the ballot reflect a vote for trump
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Terrace, Prospect Park, William Merritt Chase, circa 1887
Pastel 9 â…› x 13 â…ž in. (23.3 x 35.2 cm) Smithsonian American Art Museum, Washington, DC, USA
#art#painting#william merritt chase#impressionism#1880s#19th century#19th century art#prospect park#brooklyn#new york#new york city#pastel#smithsonian american art museum#american
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Happy Jewish American Heritage Month 2024!
Happy Jewish American Heritage Month! As always, we’re celebrating with books! For even more recs, check out previous years’ posts! Middle Grade Just Shy of Ordinary by A.J. Sass Thirteen-year-old Shai is an expert problem-solver. There’s never been something they couldn’t research and figure out on their own. But there’s one thing Shai hasn’t been able to logic their way through: picking at the…
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#Arden Joy#Bogi Takács#Chatham Greenfield#City of Laughter#Craig Willse#Dahlia Adler#featured#Going Bicoastal#Jewish American Heritage Month#Keep This Off the Record#KT Hoffman#Natasha Siegel#Power to Yield and Other Stories#Providence#Rules for Ghosting#Sacha Lamb#Shelly Jay Shore#Temim Fruchter#The Forbidden Book#The Phoenix Bride#The Prospects
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Entrance to Ocean Parkway in Prospect Park, New York City, NY, US
American vintage postcard
#entrance#city#photo#us american#ansichtskarte#postal#postkaart#ocean#american#sepia#tarjeta#ephemera#photography#carte postale#park#historic#new york city#prospect#york#ocean parkway#briefkaart#postcard#prospect park#vintage#parkway#postkarte
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i was going to make a post telling yall to stop calling godzilla minus one a low-budget film (because it isn't) but then i remembered disney regularly drops 12 million for ONE EPISODE of their shows without nearly the same cultural impact so. yeah godzilla is low-budget as far as i'm concerned idc
#uhhhh me#film budget is such an interesting thing to think abt#for those curious: godzilla had a budget of 10 million#which seems like a lot until you compare it to an average hollywood action movie which is like. 100 million easy#incidentally that is oppenheimer's budget!#so seeing that you go wow! why the discrepency?#as far as i can figure. american movies go for the big mass appeal so they'll out more money into international releases etc#whereas japanese films only rly care about domestic release so they save a stupid amount of money there#(i'm sure there's more to this and i have my theories but i don't have hard data rn to back it up so i won't say it)#so anyway. 10 mil is a very modest budget by hollywood standards but by japan standards it's above average actually#oh yeah the other thing about budgets i always come back to#is the fact the percy jackson show had 12 million per episode#but did not look or feel nearly as good as shadow and bone which had average 4 mil per episode. literally a third what percy had#the allegiant movie had an estimated ~120 mill budget and somehow was worse in every single way than the scorch trials movie#which had 61 mil. HALF what allegiant had and yet literally everything about it was more pleasing#one of my fave sci-fi films prospect has less than 4 mil budget and yes you could tell the cgi was unreal sometimes#it was done in a way that looked artistic instead of cheap and glossy#and i would watch that over whatever new movie the mcu pops out with like. 200 mil budget that somehow looks uglier-#-than a movie on 4 mil#oh my god what in the fucking world. antman 3 had 300 million. whomst.#and the movie didn't even look good? the audacity#7 times prospect's budget and looks like shit#anyway. budget is a weird thing#it rly comes down to who's handling the project and how smartly they use that money#oh ya the other thing i was gonna say is i do think there's a difference between 'low budget film' and 'film with a lower budget'#i think godzilla is a lower budget film (comparatively to hollywood) but not a low budget film. if you catch my drift.
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Oh sick turns out actually MULTIPLE of my meds have gone up in price.
#again.#I literally already couldn’t afford them#at this point I might have to just stop taking the more expensive ones...#but going off meds you’ve been on for a minute cold turkey is a horrible horrible horrible idea#and I fuckin need them AHHH#idk what to do#the prospect of having to go off my suboxone my adhd meds prozac or seroquel is terrifying#if anyone wants to buy content please please dm me#I need help I was not expecting this raise in price :/#medications#ugh#American health care system is a fucking joke
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Surveillance pricing
THIS WEEKEND (June 7–9), I'm in AMHERST, NEW YORK to keynote the 25th Annual Media Ecology Association Convention and accept the Neil Postman Award for Career Achievement in Public Intellectual Activity.
Correction, 7 June 2024: The initial version of this article erroneously described Jeffrey Roper as the founder of ATPCO. He benefited from ATPCO, but did not co-found it. The initial version of this article called ATPCO "an illegal airline price-fixing service"; while ATPCO provides information that the airlines use to set prices, it does not set prices itself, and while the DOJ investigated the company, they did not pursue a judgment declaring the service to be illegal. I regret the error.
Noted anti-capitalist agitator Adam Smith had it right: "People of the same trade seldom meet together, even for merriment and diversion, but the conversation ends in a conspiracy against the public, or in some contrivance to raise prices."
Despite being a raving commie loon, Smith's observation was so undeniably true that regulators, policymakers, and economists couldn't help but acknowledge that it was true. The trustbusting era was defined by this idea: if we let the number of companies in a sector get too small, or if we let one or a few companies get too big, they'll eventually start to rig prices.
What's more, once an industry contracts corporate gigantism, it will become too big to jail, able to outspend and overpower the regulators charged with reining in its cheating. Anyone who believes Smith's self-evident maxim had to accept its conclusion: that companies had to be kept smaller than the state that regulated them. This wasn't about "punishing bigness" – it was the necessary precondition for a functioning market economy.
We kept companies small for the same reason that we limited the height of skyscrapers: not because we opposed height, or failed to appreciate the value of a really good penthouse view – rather, to keep the building from falling over and wrecking all the adjacent buildings and the lives of the people inside them.
Starting in the neoliberal era – Carter, then Reagan – we changed our tune. We liked big business. A business that got big was doing something right. It was perverse to shut down our best companies. Instead, we'd simply ban big companies from rigging prices. This was called the "consumer welfare" theory of antitrust. It was a total failure.
40 years later, nearly every industry is dominated by a handful of companies, and these companies price-gouge us with abandon. Worse, they use their gigantic ripoff winnings to fill war-chests that fund the corruption of democracy, capturing regulators so that they can rip us off even more, while ignoring labor, privacy and environmental law and ducking taxes.
It turns out that keeping gigantic, opaque, complex corporations honest is really hard. They have so many ways to shuffle money around that it's nearly impossible to figure out what they're doing. Digitalization makes things a million times worse, because computers allow businesses to alter their processes so they operate differently for every customer, and even for every interaction.
This is Dieselgate times a billion: VW rigged its cars to detect when they were undergoing emissions testing and switch to a less polluting, more compliant mode. But when they were on the open road, they spewed lethal quantities of toxic gas, killing people by the thousands. Computers don't make corporate leaders more evil, but they let evil corporate leaders execute far more complex and nefarious plans. Digitalization is a corporate moral hazard, making it just too easy and tempting to rig the game.
That's why Toyota, the largest car-maker in the world, just did Dieselgate again, more than a decade later. Digitalization is a temptation no giant company can resist:
https://www.bbc.com/news/articles/c1wwj1p2wdyo
For forty years, pro-monopoly cheerleaders insisted that we could allow companies to grow to unimaginable scale and still prevent cheating. They passed rules banning companies from explicitly forming agreements to rig prices. About ten seconds later, new middlemen popped up offering "information brokerages" that helped companies rig prices without talking to one another.
Take Agri Stats: the country's hyperconcentrated meatpacking industry pays Agri Stats to "consult on prices." They provide Agri Stats with a list of their prices, and then Agri Stats suggests changes based on its analysis. What does that analysis consist of? Comparing the company's prices to its competitors, who are also Agri Stats customers:
https://pluralistic.net/2023/10/04/dont-let-your-meat-loaf/#meaty-beaty-big-and-bouncy
In other words, Agri Stats finds the highest price for each product in the sector, then "advises" all the companies with lower prices to raise their prices to the "competitive" level, creating a one-way ratchet that sends the price of food higher and higher.
More and more sectors have an Agri Stats, and digitalization has made this price-gouging system faster, more efficient, and accessible to sectors with less concentration. Landlords, for example, have tapped into Realpage, a "data broker" that the same thing to your rent that Agri Stats does to meat prices. Realpage requires the landlords who sign up for its service to accept its "recommendations" on minimum rents, ensuring that prices only go up:
https://popular.info/p/feds-raid-corporate-landlord-escalating
Writing for The American Prospect, Luke Goldstein lays out the many ways in which these digital intermediaries have supercharged the business of price-rigging:
https://prospect.org/economy/2024-06-05-three-algorithms-in-a-room/
Goldstein identifies a kind of patient zero for this ripoff epidemic: Jeffrey Roper, a former Alaska Air exec who benefited from a service that helps airlines set prices. ATPCO was investigated by the DOJ in the 1990s, but the enforcers lost their nerve and settled with the company, which agreed to apply some ornamental fig-leafs to its collusion-machine. Even those cosmetic changes were seemingly a bridge too far Roper, who left the US.
But he came back to serve as Realpage's "principal scientist" – the architect of a nationwide scheme to make rental housing vastly more expensive. For Roper, the barrier to low rents was empathy: landlords felt stirrings of shame when they made shelter unaffordable to working people. Roper called these people "idiots" who sentimentality "costs the whole system."
Sticking a rent-gouging computer between landlords and the people whose lives they ruin is a classic "accountability sink," as described in Dan Davies' new book "The Unaccountability Machine: Why Big Systems Make Terrible Decisions – and How The World Lost its Mind":
https://profilebooks.com/work/the-unaccountability-machine/
It's a form of "empiricism washing": if computers are working in the abstract realm of pure numbers, they're just moving the objective facts of the quantitative realm into the squishy, imperfect qualitative world. Davies' interview on Trashfuture is excellent:
https://trashfuturepodcast.podbean.com/e/fire-sale-at-the-accountability-store-feat-dan-davies/
To rig prices, an industry has to solve three problems: the problem of coming to an agreement to fix prices (economists call this "the collective action problem"); the problem of coming up with a price; and the problem of actually changing prices from moment to moment. This is the ripoff triangle, and like a triangle, it has many stable configurations.
The more concentrated an industry is, the easier it is to decide to rig prices. But if the industry has the benefit of digitalization, it can swap the flexibility and speed of computers for the low collective action costs from concentration. For example, grocers that switch to e-ink shelf tags can make instantaneous price-changes, meaning that every price change is less consequential – if sales fall off after a price-hike, the company can lower them again at the press of a button. That means they can collude less explicitly but still raise prices:
https://pluralistic.net/2024/03/26/glitchbread/#electronic-shelf-tags
My name for this digital flexibility is "twiddling." Businesses with digital back-ends can alter their "business logic" from second to second, and present different prices, payouts, rankings and other key parts of the deal to every supplier or customer they interact with:
https://pluralistic.net/2023/02/19/twiddler/
Not only does twiddling make it easier to rip off suppliers, workers and customers, it also makes these crimes harder to detect. Twiddling made Dieselgate possible, and it also underpinned "Greyball," Uber's secret strategy of refusing to send cars to pick up transportation regulators who would then be able to see firsthand how many laws the company was violating:
https://www.nytimes.com/2017/03/03/technology/uber-greyball-program-evade-authorities.html
Twiddling is so easy that it has brought price-fixing to smaller companies and less concentrated sectors, though the biggest companies still commit crimes on a scale that put these bit-players to shame. In The Prospect, David Dayen investigates the "personalized pricing" ripoff that has turned every transaction into a potential crime-scene:
https://prospect.org/economy/2024-06-04-one-person-one-price/
"Personalized pricing" is the idea that everything you buy should be priced based on analysis of commercial surveillance data that predicts the maximum amount you are willing to pay.
Proponents of this idea – like Harvard's Pricing Lab with its "Billion Prices Project" – insist that this isn't a way to rip you off. Instead, it lets companies lower prices for people who have less ability to pay:
https://thebillionpricesproject.com/
This kind of weaponized credulity is totally on-brand for the pro-monopoly revolution. It's the same wishful thinking that led regulators to encourage monopolies while insisting that it would be possible to prevent "bad" monopolies from raising prices. And, as with monopolies, "personalized pricing" leads to an overall increase in prices. In econspeak, it is a "transfer of wealth from consumer to the seller."
"Personalized pricing" is one of those cuddly euphemisms that should make the hair on the back of your neck stand up. A more apt name for this practice is surveillance pricing, because the "personalization" depends on the vast underground empire of nonconsensual data-harvesting, a gnarly hairball of ad-tech companies, data-brokers, and digital devices with built-in surveillance, from smart speakers to cars:
https://pluralistic.net/2024/03/12/market-failure/#car-wars
Much of this surveillance would be impractical, because no one wants their car, printer, speaker, watch, phone, or insulin-pump to spy on them. The flexibility of digital computers means that users always have the technical ability to change how these gadgets work, so they no longer spy on their users. But an explosion of IP law has made this kind of modification illegal:
https://locusmag.com/2020/09/cory-doctorow-ip/
This is why apps are ground zero for surveillance pricing. The web is an open platform, and web-browsers are legal to modify. The majority of web users have installed ad-blockers that interfere with the surveillance that makes surveillance pricing possible:
https://doc.searls.com/2023/11/11/how-is-the-worlds-biggest-boycott-doing/
But apps are a closed platform, and reverse-engineering and modifying an app is a literal felony – several felonies, in fact. An app is just a web-page skinned with enough IP to make it a felony to modify it to protect your consumer, privacy or labor rights:
https://pluralistic.net/2024/05/07/treacherous-computing/#rewilding-the-internet
(Google is leading a charge to turn the web into the kind of enshittifier's paradise that apps represent, blocking the use of privacy plugins and proposing changes to browser architecture that would allow them to felonize modifying a browser without permission:)
https://pluralistic.net/2023/08/02/self-incrimination/#wei-bai-bai
Apps are a twiddler's playground. Not only can they "customize" every interaction you have with them, but they can block you (or researchers seeking to help you) from recording and analyzing the app's activities. Worse: digital transactions are intimate, contained to the palm of your hand. The grocer whose e-ink shelf-tags flicker and reprice their offerings every few seconds can be collectively observed by people who are in the same place and can start a conversation about, say, whether to come back that night a throw a brick through the store's window to express their displeasure. A digital transaction is a lonely thing, atomized and intrinsically shielded from a public response.
That shielding is hugely important. The public hates surveillance pricing. Time and again, through all of American history, there have been massive and consequential revolts against the idea that every price should be different for every buyer. The Interstate Commerce Commission was founded after Grangers rose up against the rail companies' use of "personalized pricing" to gouge farmers.
Companies know this, which is why surveillance pricing happens in secret. Over and over, every day, you are being gouged through surveillance pricing. The sellers you interact with won't tell you about it, so to root out this practice, we have to look at the B2B sales-pitches from the companies that sell twiddling tools.
One of these companies is Plexure, partly owned by McDonald's, which provides the surveillance-pricing back-ends for McD's, Ikea, 7-Eleven, White Castle and others – basically, any time a company gives you a hard-sell to order via its apps rather than its storefronts or its website, you should assume you're getting twiddled, hard.
These companies use the enshittification playbook to trap you into using their apps. First, they offer discounts to customers who order through their apps – then, once the customers are fully committed to shopping via app, they introduce surveillance pricing and start to jack up the prices.
For example, Plexure boasts that it can predict what day a given customer is getting paid on and use that information to raise prices on all the goods the customer shops for on that day, on the assumption that you're willing to pay more when you've got a healthy bank balance.
The surveillance pricing industry represents another reason for everything you use to spy on you – any data your "smart" TV or Nest thermostat or Ring doorbell can steal from you can be readily monetized – just sell it to a surveillance pricing company, which will use it to figure out how to charge you more for everything you buy, from rent to Happy Meals.
But the vast market for surveillance data is also a potential weakness for the industry. Put frankly: the commercial surveillance industry has a lot of enemies. The only thing it has going for it is that so many of these enemies don't know that what's they're really upset about is surveillance.
Some people are upset because they think Facebook made Grampy into a Qanon. Others, because they think Insta gave their kid anorexia. Some think Tiktok is brainwashing millennials into quoting Osama bin Laden. Some are upset because the cops use Google location data to round up Black Lives Matter protesters, or Jan 6 insurrectionists. Some are angry about deepfake porn. Some are angry because Black people are targeted with ads for overpriced loans or colleges:
https://www.theregister.com/2024/06/04/meta_ad_algorithm_discrimination/
And some people are angry because surveillance feeds surveillance pricing. The thing is, whatever else all these people are angry about, they're all angry about surveillance. Are you angry that ad-tech is stealing a 51% share of news revenue? You're actually angry about surveillance. Are you angry that "AI" is being used to automatically reject resumes on racial, age or gender grounds? You're actually angry about surveillance.
There's a very useful analogy here to the history of the ecology movement. As James Boyle has long said, before the term "ecology" came along, there were people who cared about a lot of issues that seemed unconnected. You care about owls, I care about the ozone layer. What's the connection between charismatic nocturnal avians and the gaseous composition of the upper atmosphere? The term ecology took a thousand issues and welded them together into one movement.
That's what's on the horizon for privacy. The US hasn't had a new federal consumer privacy law since 1988, when Congress acted to ban video-store clerks from telling the newspapers what VHS cassettes you were renting:
https://en.wikipedia.org/wiki/Video_Privacy_Protection_Act
We are desperately overdue for a new consumer privacy law, but every time this comes up, the pro-surveillance coalition defeats the effort. but as people who care about conspiratorialism, kids' mental health, spying by foreign adversaries, phishing and fraud, and surveillance pricing all come together, they will be an unbeatable coalition:
https://pluralistic.net/2023/12/06/privacy-first/#but-not-just-privacy
Meanwhile, the US government is actually starting to take on these ripoff artists. The FTC is working to shut down data-brokers:
https://pluralistic.net/2023/08/16/the-second-best-time-is-now/#the-point-of-a-system-is-what-it-does
The FBI is raiding landlords to build a case against Frontpage and other rent price-fixers:
https://popular.info/p/feds-raid-corporate-landlord-escalating
Agri Stats is facing a DoJ lawsuit:
https://www.nationalhogfarmer.com/market-news/agri-stats-loses-motions-to-transfer-dismiss-in-doj-antitrust-case
Not every federal agency has gotten the message, though. Trump's Fed Chairman, Jerome Powell – whom Biden kept on the job – has been hiking interest rates in a bid to reduce our purchasing power by making millions of Americans poorer and/or unemployed. He's doing this to fight inflation, on the theory that inflation is being cause by us being too well-off, and therefore trying to buy more goods than are for sale.
But of course, interest rates are inflationary: when interest rates go up, it gets more expensive to pay your credit card bills, lease your car, and pay a mortgage. And where we see the price of goods shooting up, there's abundant evidence that this is the result of greedflation – companies jacking up their prices and blaming inflation. Interest rate hawks say that greedflation is impossible: if one company raises its prices, its competitors will swoop in and steal their customers with lower prices.
Maybe they would do that – if they didn't have a toolbox full of algorithmic twiddling options and a deep trove of surveillance data that let them all raise prices together:
https://prospect.org/blogs-and-newsletters/tap/2024-06-05-time-for-fed-to-meet-ftc/
Someone needs to read some Adam Smith to Chairman Powell: "People of the same trade seldom meet together, even for merriment and diversion, but the conversation ends in a conspiracy against the public, or in some contrivance to raise prices."
If you'd like an essay-formatted version of this post to read or share, here's a link to it on pluralistic.net, my surveillance-free, ad-free, tracker-free blog:
https://pluralistic.net/2024/06/05/your-price-named/#privacy-first-again
Image: Cryteria (modified) https://commons.wikimedia.org/wiki/File:HAL9000.svg
CC BY 3.0 https://creativecommons.org/licenses/by/3.0/deed.en
#pluralistic#david dayen#the american prospect#surveillance advertising#commercial surveillance#predictive pricing#monopolism#monopolies#antitrust#unfair and deceptive method of competition#ftc act Section 5#ftca5#ripoffs#surveillance#twiddling#ip#apps#apps are shit#ziprecruiter#personalized pricing#price gouging#just and reasonable#interstate commerce act#one person one price#surveillance pricing#privacy first#billion prices project#ecommerce#ninetailed#cortado group
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Progressives and Democrats were cheered last week when New York state’s highest court tossed out the 2022 congressional district map and ordered the state’s Independent Redistricting Commission to draw a new one. A fairer map could flip as many as five seats back to Democratic.
But what sort of Democrat? In New York’s 16th District, a nasty primary fight is brewing between incumbent Congressman Jamaal Bowman, an African American progressive, and Westchester County Executive George Latimer, who is white and centrist. Before the 2022 redistricting, more of Bowman’s district was in the Bronx, which is heavily Black and Latino. Now, most of the seat is in affluent, largely white Westchester County.
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you do know that one of the most common tropes in american media for kids and teens is the bullied nerd, right? the implication that being knowledgable is naturally punished? a common phrase is "nobody likes a know-it-all". kids who spend a lot of time reading are bullied for it. parents often express concern that these kids arent developing properly and force them to do something "more productive". if i try to share a fact at the wrong moment i am told "ugh. why do you Know that?" being a "teachers pet" is a bad thing. a sports scholarship gets you further than good grades. you can have a 4.0 gpa and its the football captain they let into harvard. "they spend all of their time in the library? what a loser!" i got in trouble for reading when i had finished an exam early. they made me sit perfectly still in complete silence for 45 minutes because i knew the answers. "stop asking so many questions, its so annoying!" smart, nerd, and loser are synonyms. being smart or curious is culturally punished in the US.
#the daily reports need to be signed#i see a lot of posts about american ignorance that never touch on how curiosity is actively punished here#the american schooling system is designed to create mindless worker drones#if it wont make money its not encouraged#art and literature degrees are useless here#im getting a degree in illustration. guess what my job prospects look like. if you guessed minimum wage misery you are correct!
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Not American and I’m so worried about tomorrow
listen as much as i hate trump, i do not subscribe to the idea its like the literal end of democracy and the world if he somehow wins. and tbh, i think at the very least harris wins the popular vote so please no one act like americans as a whole are supporting that man 😠but yeah any and all presidential election eves have my skin crawling i just wanna get it over with. but i do think harris will win, unless something extremely weird happens, but i think people as a whole are just sick of trump.
#like another trump admin would be difficult like extremely fucking worrying but i also don't think the american people will sit around#and just take it laying down#i also think we're resilient enough to get thru whatever happens im just worried about trumps dementia and possible stroke symptoms#like im sick of extremely old men in charge it gets to feel like elder abuse and its a liability for the entire government#like my god#and i hate how trump deals w foreign policy and world leaders hes so bad at it like those are not fun prospects#but again we got thru it once...the world can do it again ðŸ˜
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im taking measurements so i can sew this thing when all the supplies ship and. there's no way there's people shorter than 150 cm. thats the length of my dress. wHAT WOULD THE LENGTH OF THEIR DRESSES BE.
though. the amount of money short cloth makers save on fabric...
#hmmm. now i am jealous.#lemme shrink real quick#i dont use cm im american but I do know kpop profiles and like! nearly every woman is that height!#what do you meAN THEYRE THAT SHORT?#its now been put into prospective
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