Good riddance to non-compete clauses

When people are hired, their contracts can sometimes include what are called non-compete clauses. These were originally designed to prevent someone from learning trade secrets at one company and then switch to another company or start their own business using that knowledge to the detriment of the original employer. As you can imagine, the only people who are likely to know valuable insider information are high-level employees. But companies realized that they could use those clauses to keep many more of their workers captive and started extending the clauses to cover lower and lower level employers, thus preventing them from finding better jobs.

Now the Federal Trade Commission under the admirable leadership of Lina Khan has forbidden the use of such clauses for all but top-level employees. As Kevin Drum says:

The vote was 3-2 in favor of banning noncompete agreements for new workers and voiding them for all existing workers (except C-suite executives). This will eliminate the ridiculous practice of fast food chains hiring sandwich makers and then prohibiting them from quitting and going to work for a different fast food chain—and giving their valuable, proprietary sandwich making expertise to the competition.

Corporate America has only itself to blame for this. Noncompetes used to be limited to high-end jobs like coders or lawyers. But then, as usual, some bright boys got the idea of expanding the idea to poor shlubs working minimum wage jobs. That was outrageous enough that it finally produced support for killing noncompetes completely.
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A Labor Department study published in June 2022 estimated that 18 percent of Americans are bound by noncompete agreements, while other research suggests it could be closer to 50 percent. They are used in a wide range of industries, including technology, hairstyling, medicine and even dance instruction, while imposing restrictions on both high- and low-wage earners.

The FTC estimates that banning noncompete agreements could create jobs for 30 million Americans and raise wages by nearly $300 billion per year.

All good free-market capitalists—as opposed to those who are merely shills for big corporations—should be happy about this. The United States will do nothing but benefit from it.¹

Apparently California banned these clauses over a century ago and and despite that has had a booming economy.

How Trump can make money from his money-losing social media company

Serial sex abuser Donald Trump (SSAT) has had his Truth Social company go public by merging with a publicly traded shell company Digital World Acquisition Corp. Under the deal SSAT owns nearly 79 million shares, about 58% of the total. While the share price peaked at $79.38 on March 22, making his shares worth about $6.3 billion, it has since dropped precipitously, and as of yesterday was trading at $33, making its worth about $2.6 billion.

David Cay Johnson writes that the true value of the stock in Trump’s company is zero since it lost $58 million last year and had revenues of just $4 million with no sign that revenues will rise. Johnson says that because the stock is highly over valued, it is the target of so-called ‘short sellers’, who make money by betting correctly that a stock’s price is going to fall.
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Voters seem to be wising up to the stadium con

One of the worst things about professional sports in the US is that the owners of teams extort local communities to foot the bill for fancy new stadiums by threatening to take the teams elsewhere if they do not receive massive taxpayer subsidies. Studies have shown that the economic benefits that the stadiums supposedly provide are often wildly inflated and in reality bring nowhere near the amount that the public puts up. The team owners have pulled off this scam many times but it looks like citizens are getting wise to this extortion racket and refusing to pay.
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The negatives of food delivery services

Many people take advantage of the convenience of food delivery apps like Uber Eats, GrubHub, and Door Dash. Their popularity soared during the Covid lockdown era when people were reluctant to go out and they were a boon to restaurants struggling to stay afloat then. But they have stayed popular even after things returned to almost normal as people had got used to the convenience and. continued to use them. It definitely helps those who for whatever reason are unable to cook their own food or are unable to go out.

In his latest episode of Last Week Tonight, John Oliver takes a close look at this business and finds that the two categories that we think benefit most from this model (restaurants and delivery workers) are in fact benefiting the least.


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Temu: A rival to Amazon

Amazon has become a retail behemoth, driving out much of the retail competition. It did this by providing low prices for an immense array of goods and fast delivery, and with those methods managed to develop a huge customer and supplier base. The way it did that was by selling below cost and offering incentives to sellers and in the process running up huge deficits in the initial years. By those methods, it persuaded manufacturers and other retailers to sell through the site. I read about a company that sold diapers online and was doing well. Amazon tried to buy the company but when the company turned down its offer, Amazon cut the prices of its own diapers well below cost and drove the rival out of business. That kind of tactic is only possible for companies with large cash reserves or huge amounts of venture capital and other financing.

Initially, both manufacturers and consumers got a good deal. But once they all got hooked and Amazon became almost a monopoly, Amazon started squeezing them by raising prices. It is an old trick. Since manufacturers who sold through it had to guarantee that their product would not be available cheaper anywhere else, what they did was raise the price of their product everywhere outside of Amazon to be higher. Someone I know recently went looking for a part to fix his dishwasher. He found that Amazon had the lowest price but that the part at the manufacturer’s own site was a few cents more.

The Federal Trade Commission is currently suing Amazon for this and other monopoly practices.
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The crash of the NFT market

These days one does not hear many breathless reports of new NFTs (non-fungible tokens) being sold for huge amounts and being touted by celebrities. There is a reason for this. This site has examined the state of the NFT market and found that they have crashed in value with most of them now worth nothing.

The hype around NFTs peaked in the 2021/22 bull run that saw nearly $2.8 billion in monthly trading volume recorded in August 2021. From this, NFTs captured the collective imagination worldwide with multiple news reports of million-dollar deals for sales of certain NFT assets.

People were excited about this new type of online asset and something of a goldrush appeared to start. Fast forward to today… and the NFT market is starkly different.

Data from the Block reveals a weekly traded value of around $80 million in July 2023, just 3% of its peak back in August 2021.
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Using data provided by NFT Scan, we have compiled a comprehensive analysis of over 73 thousand NFT collections (73,257, to be exact) in order to identify key trends, assess the health of the market, determine the factors contributing to successful projects, and hopefully gain insights into the potential future trajectory of the NFT ecosystem.

The results were shocking, to say the least.

Of the 73,257 NFT collections we identified, an eye-watering 69,795 of them have a market cap of 0 Ether (ETH).

This statistic effectively means that 95% of people holding NFT collections are currently holding onto worthless investments. Having looked into those figures, we would estimate that 95% to include over 23 million people who’s investments are now worthless.

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The NFT racket

I was skeptical about cryptocurrency and was utterly baffled by the appeal of NFTs. The former seemed risky and the latter felt very much like a speculative bubble driven by hype in which the underlying entity being bought and sold had no intrinsic value. So I was not surprised by the collapse of various cryptocurrency endeavors like FTX and even less surprised by the recent lawsuit filed against Sotheby’s auction house, accusing them of fraud in inflating the value of the ugly Bored Ape BFT and using celebrities to hype it.
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The rise and fall of neoliberalism

The term ‘neoliberal’ is used quite a lot these days (including by me), usually in a pejorative sense but like all umbrella political and economic labels, its boundaries that determine what falls under the umbrella and what does not, are a little fuzzy. In a review of the new book The Big Myth: How American Business Taught Us to Loathe Government and Love the Free Market by Naomi Oreskes and Erik M. Conway, Louis Menand traces the history of the neoliberal ideology and movement, in an essay that has the same title as this post.

What’s “neo” about neoliberalism is really what’s retro about it. It’s confusing, because in the nineteen-thirties the term “liberal” was appropriated by politicians such as Franklin D. Roosevelt and came to stand for policy packages like the New Deal and, later on, the Great Society. Liberals were people who believed in using government to regulate business and to provide public goods—education, housing, dams and highways, retirement pensions, medical care, welfare, and so on. And they thought collective bargaining would insure that workers could afford the goods the economy was producing.

Those mid-century liberals were not opposed to capitalism and private enterprise. On the contrary, they thought that government programs and strong labor unions made capitalist economies more productive and more equitable. They wanted to save capitalism from its own failures and excesses. Today, we call these people progressives. (Those on the right call them Communists.)

Neoliberalism, in the American context, can be understood as a reaction against mid-century liberalism. Neoliberals think that the state should play a smaller role in managing the economy and meeting public needs, and they oppose obstacles to the free exchange of goods and labor. Their liberalism is, sometimes self-consciously, a throwback to the “classical liberalism” that they associate with Adam Smith and John Stuart Mill: laissez-faire capitalism and individual liberties. Hence, retro-liberalism.
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How the rich avoid taxes

The invaluable ProPublica has come out with another article about how billionaire Harlan Crow, the generous benefactor of justice Clarence Thomas who showered him with vacations on his luxury yacht and private planes, has used the tax law loopholes to avoid paying taxes.

He adopted a well-known tactic by the wealthy, to use so-called ‘business losses’ to reduce their net income. In his case, how this was done was to set up a company for his luxury superyacht that was purportedly a business and then use the ‘losses’ incurred by the company (i.e., the money used to run the yacht for him and his family and friends) to offset his income.
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Debt ceiling raised just in time

The deal to raise the debt ceiling has passed both houses of congress with bipartisan support and will be signed into law by president Biden on Saturday, two days before the projected X-date (June 5th) when treasury secretary Janet Yellen said the government will run out of money to pay its bills. As of Thursday evening, the closing balance in the government’s account was just $22.892 billion, the lowest it has been since the recent crisis started.

The current debt ceiling limit is $31.4 trillion which has already been reached. The deal did not raise the ceiling by a fixed amount. Instead it agreed to suspend the debt ceiling until January 2025, just after the next election. As I understand it, ‘suspension’ means that there is no debt ceiling at the moment so it is possible that the US treasury could, in theory at least, run up the debt by a huge amount by selling off US treasury bills.

But I don’t think they will do that.