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Chapter 32 - Antitrust Policy, Regulation, And Industrial Policy


Chapter 32 Outline McConnell and Brue 14th Edition

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1. The term industrial concentration as used in this chapter means a situation in which a small number of firms control all or a substantial percentage of the total output of a major industry. Business firms may be large in either an absolute or a relative sense and in many cases they are larger in both senses. Chapter 32 is concerned with firms large in both senses.
2. Whether industrial concentration is beneficial or detrimental to the U.S. economy is debatable. A case can be made against industrial concentration but industrial concentration can also be defended.
  • Many argue that industrial concentration results in a misallocation of resources; it is not needed for firms to achieve the economies of scale and it does not lead to technological progress. It contributes to income inequality in the economy and it is politically dangerous.
  • But others argue that industrial concentration is often faced by interindustry and foreign competition offers superior products large firms are necessary if they are to achieve the economies of scale in producing goods and services and concentrated industries promote a high rate of technological progress.
3. Government policies toward industrial concentration have not been clear and consistent; legislation and policy however for the most part have been aimed at restricting concentration and promoting competition.
  • Following the Civil War the expansion of the U.S. economy brought with it the creation of trusts (or industrial concentration) in many industries; the fear of the trusts resulted in the enactment of antitrust legislation.
  • The Sherman Act of 1890 was the first antitrust legislation and made monopolization and restraint of trade criminal offenses.
  • In 1914 the Clayton Act outlawed a number of specific techniques by which monopolies or oligopolies had been created.
  • During the same year Congress passed the Federal Trade Commission Act which established the Federal Trade Commission (FTC) to investigate unfair practices that might lead to the development of monopoly power. In 1938 it amended this act by passing the Wheeler-Lea Act to prohibit deceptive practices (including false and misleading advertising and misrepresentation of products).
  • In 1950 passage of the Celler-Kefauver Act plugged a loophole in the Clayton Act and prohibited mergers that might lead to a substantial reduction in competition.
4.  The effectiveness of antitrust laws in preventing monopoly and maintaining competition has depended on judicial interpretation of the laws and enforcement of these laws by Federal agencies.
  • Two issues have arisen in the judicial interpretation of the antitrust laws.
  1. The first issue is whether an industry should be judged on the basis of its highly concentrated structure or on the basis of its market behavior. Today most economists and antitrust enforcers adopt a rule of reason approach that bases antitrust action on market behavior not structure.
  2. The second issue is whether to use a broad or
  3. narrow definition of the market in which firms sell their products.
  • An enforcement issue is the potential conflict of antitrust policy with other desirable economic goals such as maintaining a balance of trade supporting the defense industry or encouraging new technologies.
  • Whether the antitrust laws have been effective is a difficult question to answer. The application of the laws to existing market structures to the three types of mergers and to price fixing has ranged from lenient to strict:
  1. for existing market structures it has been lenient;
  2. for horizontal vertical or conglomerate mergers it usually varies by the type of merger and the particulars of a case but merger guidelines are based on the Herfindahl index (the sum of the squared values of market shares within an industry);
  3. for price fixing it has been strict and as a consequence price fixing is now often done in secret or through the use of informal collusion in the form of price leadership or cost-plus pricing.
5. In addition to the enactment of the antitrust laws government has undertaken to regulate natural monopolies.
  • If a single producer can provide a good or service at a lower average cost (because of economies of scale) than several producers competition is not economical and a natural monopoly exists. Government may either produce the good or service or (following the public interest theory) regulate private producers of the product for the benefit of the public.
  • The effectiveness of the regulation of business firms by regulatory agencies has been criticized for three principal reasons.
  1. It is argued that regulation increases costs and leads to an inefficient allocation of resources and higher prices.
  2. It is also contended that the regulatory agencies have been “captured” by the regulated industries and protect them rather than the public.
  3. It can be argued that some of the regulated industries are not natural monopolies and would be competitive if they were not regulated.
  • The legal cartel theory of regulation is that potentially competitive industries want and support the regulation of their industries in order to increase the profits of the firms in the industries by limiting competition among them.
6. The three criticisms of the regulation of industries and the legal cartel theory of regulation led beginning in the 1970s to the deregulation of a number of industries in the United States: airlines trucking banking railroad natural gas television and telecommunications.
  • Critics of deregulation contended that it would result in higher prices less output and poorer service. Concerns were also raised about increasing industrial concentration and instability in business.
  • The overall evidence however shows deregulation to be generally positive for U.S. consumers and the economy. Prices and production costs have fallen and output has increased.
7. Beginning in the early 1960s social regulation developed and resulted in the creation of additional regulatory agencies.
  • This regulation differed in several ways from the older regulation of specific industries and aimed to improve quality of life in the United States.
  • While the objectives of the new regulation are desirable the overall costs for both program administration and compliance costs can be high; most of the costs however are compliance costs which are about 20 times administrative costs.
  • Critics argue that this social regulation is inefficient because
  1. regulatory standards and objectives are poorly drawn and targeted;
  2. the rules and regulations are made based on limited and inadequate information;
  3. there are unintended secondary effects from the regulation that boost product costs;
  4. regulatory agencies tend to attract “overzealous” workers who believe in regulation.
  • The economic consequences of social regulation are that it increases product prices it may slow the rate of product innovation and it may lessen competition.
  • The defenders of social regulation contend that it is needed to fight serious and neglected problems such as job and auto safety or environment pollution and that the social benefits if they can be measured will over time exceed the costs.
8. Industrial policy — actions taken by government to promote the economic health or interests of firms or industries — has been considered in recent years.
  • There are many historical examples of industrial policy such as granting free land to railroads to promote rail building and westward expansion and the subsidies given to U.S. agriculture.
  • Recent examples of industrial policy include loans and trade restrictions to help the auto industry the synfuels program of the 1970s to encourage development of alternative fuels loans to foreign buyers of U.S. products through the Export-Import Bank the formation of Sematech for production of semiconductors and government aid to businesses producing flat-glass panels for microcomputers.
  • Industrial policy is controversial. Critics contend that industrial policy is not needed: Foreign experience shows it to be ineffective and government is not capable of picking winners and losers in industry and will wind up subsidizing certain businesses or industries at taxpayer expense. Supporters of industrial policy believe that it reduces the risks of developing new technology and ultimately enhances dynamic efficiency.

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