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Wednesday, April 8, 2026

We're Doomed As a Nation .....because we do not enforce EXISTING LAW!

 No, this isn't about Iran.  Its right here at home, and this is why we're doomed:

Justice Department Sues New York-Presbyterian Hospital for Anticompetitive Contracts That Increase Healthcare Costs for New Yorkers

Sues?

May I point out the salient portion of the law?  Its just one paragraph:

Every person who shall monopolize, or attempt to monopolize, or combine or conspire with any other person or persons, to monopolize any part of the trade or commerce among the several States, or with foreign nations, shall be deemed guilty of a felony, and, on conviction thereof, shall be punished by fine not exceeding $100,000,000 if a corporation, or, if any other person, $1,000,000, or by imprisonment not exceeding 10 years, or by both said punishments, in the discretion of the court.

So yes, you could sue.

You could also -- and indeed you must -- indict.

Why?.....


https://market-ticker.org/akcs-www?post=255193 

....You can't force someone else to serve a prison sentence.  If you're convicted of a felony and a prison sentence is ordered the person or persons convicted must serve the sentence themselves, and if the convicted includes a corporation being convicted of a felony typically debars you from government contracts just as being personally convicted debars you from some of your rights as well (e.g. ownership of firearms and employment in many sensitive industries, particularly those requiring a security clearance.)

Incidentally it is precisely this behavior that is responsible for health care being unaffordable in the United States, and neither Democrat or Republican Administrations over the last three decades have brought criminal charges, which are facially implicated by the behavior of virtually every health insurance firm and provider in the space.

BTW the fines in the Sherman and Clayton Acts have always been a joke.  The latest revision -- which established the current penalties -- was in 2004.  Virtually any materially-large corporation had more than $100m in market cap by then so it has never been the case that fines have been a meaningful deterrent in that law.  What is always a material deterrent to individuals, whether corporate officers or not, is felony prison time and, in the context of corporations themselves, felony convictions because of the debarment from government business that attaches upon issuance of said conviction.