Anti-Trust Laws Illustrate Another Instance of Defining Property in Terms of Values, Not Physical Criteria

Anti-trust laws serve many purposes. From the point of view of the expert in law and economics, for instance, they function as a full employment bill, calling forth millions of hours of highly paid expert testimony. From the perspective of the neo-classical economist it furnishes an opportunity to demonstrate manual dexterity with average and marginal cost and revenue curves, “dead weight losses” and “resource misallocations,” the better to dazzle naive students. For the political ideologue, the theory of monopoly, upon which anti-trust laws are based, provides the “scientific legitimation” for the permanency of so-called market failures; it is a stick which can be used to beat up on the private property (capitalist) system.

For our purposes, anti-trust laws illustrate yet another instance of defining property in terms of values, not physical criteria. If company A sells a better product, or the same one at a lower price, how does it “hurt” its competitors? Only in value terms, not physical ones. As in the case of witch craft, or heresy during the period of the inquisition, there is no defense against the charge of monopoly. Promotion of consumer welfare is no defense; indeed, it is part of the indictment. Selling at a price lower than competitors’ is prima facie evidence of cutthroat competition; selling at a higher price indicates monopolistic profiteering; selling at the same price as everyone else is evidence of collusion. Since there is no fourth alternative, any firm is theoretically guilty as charged, no matter what its behavior. Similarly with quantity sold. Too much is pre-emptive, too little is monopolistic withholding, and the same as others is collusive dividing up of the market. Heads the anti-trust division and the Federal Trade Commission win; tails, the business concern loses.

—Walter E. Block, Property Rights: The Argument for Privatization, Palgrave Studies in Classical Liberalism (Cham, CH: Springer Nature Switzerland, 2019), 15-16.