Warm Southern Breeze

"… there is no such thing as nothing."

Posts Tagged ‘Sherman Antitrust Act’

Corrupt SCOTUS Radicals’ Roots Go Through Reagan Directly To Nixon

Posted by Warm Southern Breeze on Sunday, July 10, 2022

Joker in Chief Justice John G. Roberts, Jr. has presided over THE MOST radicalized Supreme Court in well over 100 years.

Since his nomination by then-POTUS George W. Bush, and Senate confirmation by a 78-22 margin, Roberts has demonstrated, time, and time, and time again, that he, and other radicalized SCOTUS GOPers, have no respect for the legal concept of stare decisis, precedent, or other staid legal matters, the purpose of which is to provide stability to civil society.

What do Robert Bork, and Supreme Court Chief Justice John Roberts have in common?
To find out more, read on.

If, in the law, nothing is TRULY ever settled, and any court now, or in the future, can simply overturn any law or decision with which they disagree — regardless of how long it’s been in effect, and regardless of what their confirmation testimony was — then our nation’s foundation is insecure.

And like subterranean termites tunneling into a well-built house, practically undetected, it is showing signs that it has been undermined. And just as with termite damage, exactly how extensive it is, how severe it has become, and what repair costs will be, remains to be seen.

Since becoming Joker in Chief Justice in September 2005, he has presided over 20 reversals of opinion, some dating as far back as 1911.

That case was Leegin Creative Leather Products Inc. v. PSKS, Inc., 551 U.S. 877 (2007), which overturned the 1911 decision in Dr. Miles Medical Co. v. John D. Park & Sons Co., 220 U.S. 373 (1911).

What do Robert Bork, and Supreme Court Chief Justice John Roberts have in common?
To find out more, read on.

In the Leegin case, the matter brought before the SCOTUS was one of violation of the Sherman Antitrust Act through price-fixing by Leegin, which, as the court’s decision stated in the beginning, that, “in Dr. Miles Medical Co. v. John D. Park & Sons Co., 220 U. S. 373 (1911), the Court established the rule that it is per se illegal under § 1 of the Sherman Act, 15 U. S. C. § 1, for a manufacturer to agree with its distributor to set the minimum price the distributor can charge for the manufacturer’s goods.”

Further, the court noted that, “on appeal Leegin did not dispute that it had entered into vertical price-fixing agreements with its retailers.”

A “vertical agreement” is the integration of two or more businesses in a supply chain. A “horizontal” merger would be the combining of two or more companies that did essentially the same thing.

Vertical agreements are generally illegal because they tend to eliminate competition, create a monopoly, artificially increase prices and otherwise adversely affect a free market.

And yet, the Supreme Court ruled in favor of Leegin.

Why?

This is where matters begin to show the influence of relationship and affiliation.

What is fascinating, and disturbingly telling, is that the Roberts-led radical court quoted a book on anti-trust law authored by Read the rest of this entry »

Posted in - Business... None of yours, - Did they REALLY say that?, - Lost In Space: TOTALLY Discombobulated, - Politics... that "dirty" little "game" that first begins in the home., - Read 'em and weep: The Daily News, WTF | Tagged: , , , , , , , , , , , , , , , | 1 Comment »

11 States’ Attorneys General Ask DOJ To Investigate Meat Packers’ Price Fixing

Posted by Warm Southern Breeze on Thursday, May 7, 2020

Everything old is new again.

1919 characterization of BIG BUSINESS interests

Earlier, I had written about the obvious, which was that the concentration of meat processing facilities and a corresponding reduction in their numbers, does not portend well for the American consumer, neither for the competitive market, nor for farmers – and ONLY for Wall$treet-traded international conglomerate BIG BUSINESS.


The Attorneys General of Arizona, Colorado, Idaho, Iowa, Minnesota, Missouri, Montana, Nebraska, North Dakota, South Dakota, and Wyoming have jointly signed a letter requesting United States Attorney General William Barr to investigate concerns of Price Fixing by the nation’s largest meat packers.

The AGs’ request comes after a March 19, 2020 letter sent from Senators M. Michael Rounds (SD-R), Kevin Cramer (ND-R), Steve Daines (MT-R), and John Hoven (ND-R) to AG Barr urging the “Department of Justice investigate continued allegations of (meat-packer) price fixing within the cattle market and to examine the current structure of the beef meatpacking industry for compliance with U.S. Antitrust law.” Reuters had earlier reported the Senators’ request 30 March.

Drovers, the nation’s oldest livestock publication, and beef industry specific news reporting agency, earlier reported 31 March 2020 that “Cattlemen have complained that surging meat prices due to the COVID-19 crisis hoarding did not translate into higher cattle prices. During the crisis, CME futures prices plunged lower along with the stock market, but wholesale beef prices rose 22% to a peak near $257 per cwt.”

The day prior, 30 March, Drovers reported an increase in beef and poultry production, by writing that “U.S. meat and poultry production increased an estimated 10% during the week ending March 28, according to the Livestock Marketing Information Center (LMIC). Over the past four weeks, combined production of beef, pork, chicken and turkey was up 8.5% compared to the previous year.”

Numerous meat processing facilities nationwide have closed, after many of their employees became sick after infection with COVID-19 novel coronavirus. In response, Tyson Foods CEO John Tyson purchased a full-page advertisement in the Sunday edition New York Times which contained a letter he had written claiming that “The food supply chain is breaking.” Tyson is the nation’s 2nd largest food producer.

The ostensible cause of such plant closures he blamed upon others, not upon his company’s practices, and stated that “there will be limited supply of our products available in grocery stores until we are able to reopen our facilities that are currently closed.”

And on April 12, the American CEO of the Chinese-owned Smithfield Foods had earlier written that “Smithfield Foods, Inc. announced today that its Sioux Falls, SD facility will remain closed until further notice. The plant is one of the largest pork processing facilities in the U.S., representing four to five percent of U.S. pork production.”

On April 28, the Editorial Board of Newsday, a daily newspaper serving the greater New York City, and surrounding areas, wrote in part that,

“The federal government, late to react to the food crisis, must work with meat processing plants to get more protective equipment for workers, clean shared equipment, and reconfigure workstations so that physical barriers create at least six feet of space between them. Farming operations should be more nimble when markets change. Local food banks, which banded together after superstorm Sandy to improve their response to disasters, must do the same for pandemics.

“We can do this. We have enough food. We need to be smarter and better prepared so it’s not wasted and gets to those who need it.”

Soon thereafter, on April 30, Forbes magazine writer Jim Vinoski also took exception to the claims made by the executives, and wrote in concluding part that,

“Dave McLennan, CEO of Cargill, struck a much better note than Tyson did. He’s another guy we should listen to. Cargill is the largest privately-held company in the U.S. based on revenue, producing and distributing agricultural products such as sugar, refined oil, chocolate and turkey, and providing risk management, commodities trading and transportation services. They have sales of $115 billion annually, with $8.9 billion of that in food, and they employ 160,000 people. Appearing on “Leadership Live With David Rubenstein,” he said, “I think I would characterize it as the food supply chain is under strain. But there’s a lot of supply chains that are under strain due to what’s happening… I think basically, the ability of us to produce food is still there… The food industry and the food supply chain is resilient. I think the people that work in it every day are resilient. So I think it’s under strain, but I don’t think it’s broken.””

Even the President has jumped into the fray to investigate the highly-concentrated meat processing industry, and said he has asked the DOJ to investigate if the big industry’s players may have acted wrongly, or broken any laws – particularly the Sherman Antitrust law.

On Tuesday, April 28, citing the Defense Production Act, the President issued an Executive Order for meat processing facilities to remain open. Critics pointed out the obvious, which was that if employees could not come to work because of their own, or others’ sickness or disease, that the executives could not begin to operate those facilities.

A year earlier, following a fire at a Tyson-owned Holcomb, Kansas beef processing facility, Secretary of Agriculture Sonny Perdue had directed the USDA’s Packers and Stockyards Division to launch an “investigation into recent beef pricing margins to determine if Read the rest of this entry »

Posted in - Business... None of yours, - Did they REALLY say that?, - Read 'em and weep: The Daily News | Tagged: , , , , , , , , | 1 Comment »

Examining Corporate Corruption in America: AT&T in California’s Legislature

Posted by Warm Southern Breeze on Sunday, April 22, 2012

The theme of the story is not new.

This particular story, however, is new.

Corporate corruption, or more accurately, the corrupting power of money through corporate influence, must come to an end in America.

Time and time again, corporate influence in America does NOT look out after the interests of the citizens, the people. They look out after their own interests, how they can obtain tax breaks, and obtain legislative favor over and above that of any other citizen.

It should come as no surprise, for we have seen this before. It’s a redux, if you will. Next up, federal courts and soldiers to stop striking workers.

It’s happened before.

The Great Railroad Strike of 1877 came as a secondary result of the Panic of 1873, whihc caused major economic depression in Europe and the United States, and led to bankruptcy for many U.S. railroads and other businesses, and high unemployment rates. The railroad workers still employed suffered large cuts in wages, which led to strikes against some railroads. The Great Railroad Strike of 1877 began July 14 in Martinsburg, West Virginia, because B&O Railroad had cut workers’ wages twice in one year.

The strike, and related violence, spread to Cumberland, Maryland, Baltimore, Pittsburgh, Buffalo, Philadelphia, Chicago and the Midwest. The strike lasted for 45 days, and ended only with the intervention of local and state militias, and federal troops.

In 1894, President Grover Cleveland (a Democrat) claimed striking workers posed a threat to public safety, that their actions interfered with delivery of the U.S. Mail, and that it further violated the Sherman Antitrust Act, after a  federal court injunction, called in nearly 12,000 troops and the United States Marshals to quell the Pullman Strike.

In 1981, President Reagan broke the Air Traffic Controllers strike by firing every employee which did not return to work.

Clearly, the United States government has a history of siding with Big Business.

Fast forward a few years.

The elimination of laws regulating corporate practices which have ultimately led to severe economic crisis has occurred because of corporate lobbyists.

So, should that come as any surprise?

Corporations have their denizen hoards of attorneys.

Who will stand for the people?

AT&T wields enormous power in Sacramento

No other single corporation has spent more trying to influence legislators in recent years. It dispenses millions in political donations and has an army of lobbyists. Bills it opposes are usually defeated.

By Shane Goldmacher and Anthony York, Los Angeles Times

April 22, 2012

SACRAMENTO — As the sun set behind Monterey Bay on a cool night last year, dozens of the state’s top lawmakers and lobbyists ambled onto the 17th fairway at Pebble Beach for a round of glow-in-the-dark golf.

With luminescent balls soaring into the sky, the annual fundraiser known as the Speaker’s Cup was in full swing.

Lawmakers, labor-union champions and lobbyists gather each year at the storied course to schmooze, show their skill on the links and rejuvenate at a 22,000-square-foot spa. The affair, which typically raises more than $1 million for California Democrats, has been sponsored for more than a decade by telecommunications giant AT&T.

At the 2010 event, AT&T’s president and the state Assembly speaker toured Pebble Beach together in a golf cart, shaking hands with every lawmaker, lobbyist and other VIP in attendance.

The Speaker’s Cup is the centerpiece of a corporate lobbying strategy so comprehensive and successful that it has rewritten the special-interest playbook in Sacramento. When it comes to state government, AT&T spends more money, in more places, than any other company.

It forges relationships on the putting green, in luxury suites and in Capitol hallways. It gives officials free tickets to Lady Gaga concerts. It takes lawmakers on trips around the globe and all-expenses-paid retreats in wine country. It dispenses millions in political donations and employs an army of lobbyists. It has spent more than $14,000 a day on political advocacy since 2005, when it merged with SBC into its current form. Read the rest of this entry »

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