Friday, April 27, 2007

An Exceprt from Episode 7: FCC on the Side of Media Monsters

True independent music is the entrepreneurial spirit of the recording industry. It has come to our attention, through an e-mail from the FCC, that the U.S. Supreme Court has “deemed three types of conduct so lacking in economic justification as to be per se illegal…” The three types of violations named were price fixing, bid rigging, and market allocation schemes, which they stated are generally prosecuted criminally by the Antitrust Division. They also added that the Antitrust Division has sole authority within the federal government to file criminal antitrust cases, though it also shares responsibility for civil enforcement with the Federal Trade Commission. Both of which, I should add, do nothing to preserve free enterprise for all entrepreneurs and small businesses, in all industries, as they should.

The problem with this is that it shows how disconnected our federal court system and federal agencies are from the original intent of antitrust laws.

In Section 1 of the Sherman Act it states that: “Every contract, combination in the form of trust or otherwise, or conspiracy, in restraint of trade or commerce among the several States, or with foreign nations, is declared to be illegal. Every person who shall make any contract or engage in any combination or conspiracy hereby declared illegal shall be deemed guilty of a felony…”

There is much more to the Sherman Act, but in essence, the first section alone is clear about what constitutes anticompetitive conduct, and it is apparent from the FCC’s e-mail that these laws have been gutted and altered over the years, to favor conglomerates, by federal agencies and the U.S. Supreme Court.

The people need to know the truth about what is happening. The government is failing to act in good faith by not enforcing the law that was enacted over a hundred years ago to preserve free enterprise. We need to work together to protect and ensure free enterprise for ourselves, for our children, and for our future generations. It is our right to have it.

Listen to Episode 7 of the True Independent Music Show!