The Irony Of Antitrust

President Obama is taking a harsher stance on antitrust and monopoly than President Bush did. According to a New York Times story, the president will “take a more active approach than his predecessor in scrutinizing deals that could hurt consumers.”

Hurting consumers presumably involves restricting output and raising prices, as antitrust theory goes. Preventing that sounds heroic, like being the champion of the people, but the reality is that antitrust actions have a much better record of protecting inefficient companies at the expense of more efficient competitors and consumers. It is a fact that most antitrust actions have been brought about not on behalf of customers but, rather, on behalf of competitors. Many businesses support antitrust laws because they serve to cripple and break up their more effective competitors. The Microsoft antitrust case was concocted in a secret meeting between competitor Netscape, their state’s Senator and justice department representatives. It wasn’t about customers, but about using political power to deal with competition. The late Yale Brozen from the University of Chicago concluded that antitrust was almost always anticompetitive.

Think for yourself what your boss would say to you if you worked for an auto manufacture and said “I’ve got a great idea. Let’s use predatory pricing and drive our competitors out of business. We will sell each car at a loss and lose billions of dollars a year, but in 5 or 10 years we could capture the entire market and then charge double the price we charge now to make up for the losses.” Before your boss signed your pink slip, he would probably remind you that, once you raised the prices, the door would be open for competitors again and the losses would never be made up.

All of this is not to say that monopolies or cartels don’t or haven’t existed. Of course they have, but if you look at the record, those that have remained for any length of time are either government operated or private organizations that are protected from competition by the government. AT&T was the sole long distance provider for many decades, not because it had any special technological advantage or operational efficiency. It was only because all competitors were excluded by law. You will find that to be the general case for any monopoly or cartel.

You will also find that the sectors of the economy that are in the worst shape are those dominated by government cartels. The banking system is one of the largest cartels, with the United States system dominated by the Federal Reserve Bank. The financial meltdown, not surprisingly, rests on the manipulations by the cartel of the money supply and interest rates. The educational monopoly is failing the millions of students growing up in America. The science monopoly is producing dangerous and damaging politically motivated pseudo-science. And on and on.

The whole antitrust-monopoly industry, a multi billion dollar a year lawyer enrichment program, is based on entirely false premises. The idea that anti-competitive behavior consists in doing things that make it difficult for your competitors is an absurdity. That is what competition is. You become more efficient to get more customers. That includes economies of scale. The very things that bring prices down and increase production in a free market economy are precisely those things that are considered anti-competitive. The government should actually be congratulating those businesses that have low unit costs and efficient processes, and thus are able to offer customers lower prices.

Economist Dominick Armentano conducted a study of the most famous antitrust cases and published the work in the book “Antitrust and Monopoly: Anatomy of a Policy Failure. It details the cases and highlights the lack of evidence of consumer injury. The conclusion was that the entire antitrust system has worked “to lessen business competition, and lessen the efficiency and productivity associated with the free market process.”

In his book “How Capitalism Saved America”, Professor Thomas DiLorenzo described the state of the sectors that were the most subject to early 1900’s antitrust hysteria: “Those industries targeted as “monopolies” grew seven times faster than the rate of the economy as a whole.” Prices decreased significantly faster than in the rest of the economy. States legislation was actually passed to suppress “unhealthy competition”, by which they meant low prices.

The late 1800’s and early 1900’s was the heyday of anti-monopoly sentiment. Big businesses were definitely formidable organizations. Standard oil controlled 88% of the infant oil industry in 1890. By the time the Supreme Court reaffirmed the ruling that Standard Oil was a monopoly in 1911, its market share had dropped to 64%. By 1911, there were 147 oil companies. Costs were continuously declining and prices dropped to a fraction of what they were a couple of decades earlier. Output was increasing, not just for Standard, but for most of growing number of producers. The core justifications for antitrust were false.

The epitome of antitrust irrationality was the 58,000 page Alcoa decision. It concluded that Alcoa’s skill, foresight and industry were exclusionary. It forestalled competition by stimulating demand and then supplying it. Judge Learned Hand opined that “…we can think of no more effective exclusion than progressively to embrace each new opportunity as it opened, and to face every newcomer with new capacity already geared into a great organization, having the advantage of experience, trade connection and the elite of personnel.” Quite obviously, if they faced each opportunity with new capacity, they were not restricting supply in the least. Others could not compete because Alcoa was so efficient and prices were so low. To antitrust lawyers and judges, up always seems to be down. Very smart people can say and do very dumb things.

Obama has apparently surrounded himself with very smart people. Unfortunately for the citizens of the United States, the smarter they are, the more arrogant the approach seems to be, and the dumber the things they do. Larry Summers, chief economic advisor to the president, intends to use “behavioral economics” in antitrust cases, the use of psychology to determine how “real people” should act. This opens new avenues of attack, and will possibly add billions of dollars to the tabs of taxpayers and to the customers who have to pay for the defense and the increased prices due to crippled competitiveness of the top producers.

I am sure Mr. Summers and his bureaucratic colleagues are sincere, and may even think they are doing the right thing. Being smart and powerful, however, doesn’t make you right, and it doesn’t make sense out of nonsense.

The Economic Fallacy of Price Controls

A renowned economist once said, “Even capital punishment could not make price control work in the days of Emperor Diocletian and the French Revolution” (Mises). Unfortunately, the monarchs, bureaucrats, and legislators of yesterday and those of today have yet to heed those words. As a couple of noted researchers also said, “Price controls are an ‘economic solution’ (Cox) used by well-meaning but ‘economically illiterate’ lawmakers (Van Doren, Peter and Jerry Taylor) to address specific economic problems (usually inflation).” They can either institute a maximum price (price ceiling) on a resource or good or a minimum price (price floor) with little or no regard to market forces. Penalties are enforced to discourage sellers from deviating outside whatever parameters are set.

However, not even good intentions can have a positive impact on what is basically bad economic policy, where the laws of supply and demand are ignored. Price ceilings often lead to shortages while price floors often lead to unnecessary surpluses (Gwartney et. al. 86).

Throughout history, many in positions of power have used price controls to influence economic activity and the results have often been disastrous. As mentioned previously, Diocletian’s own attempts to curb the rampant inflation which was devastating Rome at the time of his reign during the third century A.D., only hastened the economic deterioration of an already declining empire (Watkins). In the aftermath of the French Revolution, the government led by Robespierre instituted price controls (“Law of the Maximum”) on a variety of items (especially on food), which not surprisingly, led to widespread shortages and starvation (DiLorenzo).

Unfortunately, the United States has not been immune to the allure of price controls despite their dismal historical record. In a book review written by author Thomas J. DiLorenzo and published on the Ludwig Von Mises Institute website, he noted that at one point during the American Revolution, General George Washington’s army was in danger of starvation thanks to price controls instituted by “friendly” colonies such as Pennsylvania. These had the effect of causing severe shortages which were only alleviated after the Continental Congress recommended the repeal of these controls in June 1778 (DiLorenzo).

One could only hope that our dear legislators of today would take the time to thoroughly study the historical evidence before enacting policies that will hurt instead of help the economy. One suggestion would be to examine the impact of wage and price controls during the 1970s.

Professor William R. Park (University of North Carolina, Chapel Hill) recalled how it seemed like a good idea back in 1971, especially since it was popular with the general public and with a number of economists. President Nixon hoped to stem rising inflation (four percent in 1971) so on August 15th, he implemented temporary wage and price controls. Initially, this policy seemed to work as inflation took a dip in 1972 (helping Nixon win a major reelection landslide) and was still below four percent before Nixon’s second inauguration. Later in 1973, inflation went up again, and reached double-digits by the time wage and price controls were largely repealed, in April 1974. Nixon’s inflation-fighting strategy was deemed a “monumental failure” (Park).

Others have pointed out that the 1973 Oil Embargo and the sudden jump in gas prices helped fuel inflation and the recession that hit the United States, during that period. However, a 2003 article by Peter Van Doren and Jerry Taylor, which was published in the Cato Institute (Cato.org), blamed a significant, but not-so-obvious culprit: Nixon’s price controls. Back in 1971, oil companies responded by cutting back on imports (a price ceiling prevented them from passing on the higher cost of foreign oil) especially for use in gasoline products. As a result, the amount of gasoline in the U.S. market sharply declined leading to a significant reduction in the number of independent filling stations since the oil companies obviously gave preference to their own affiliates. Shortages then became a reality in parts of the country during the summer of 1973. The government responded by enacting the Emergency Petroleum Allocation Act in September, but this measure did absolutely nothing to increase the amount of available oil.

The short-lived “oil embargo” actually had minimal effect except to make an existing problem even more apparent. OPEC announced a five percent reduction in exports to the United States which was meaningless because supplies could have easily been replaced by non-OPEC oil. However, this inability to pass on higher prices to consumers and concerns over scarcity insured that much oil would be kept off the U.S. domestic market and the long lines at the gas pump continued until price controls on foreign oil were lifted (Van Doren, Peter and Jerry Taylor).

Unfortunately, these lessons seem to have been lost on some of the current generation of lawmakers. One recent example in the text (Microeconomics: Private and Public Choice) referred to the crisis that occurred after Hurricane Hugo struck South Carolina in 1989. The city of Charleston enacted a law against “price gouging” which insured that shortages would occur within the city area since prices could not be raised to meet actual demand. This also resulted in a misallocation of products as artificially low prices and scarcity combined to limit the availability of essential goods to those who were most productive and willing to pay higher prices, such as businesses (Gwartney et. al. 87).

Bad government policy is like that old Yoga Berra quote: ”It’s déjà vu all over again.” Nowadays, with skyrocketing fuel costs and food prices affecting the United States and other countries, some government officials are again taking a hard look at price controls as a possible panacea for staving off inflation and ignoring once again, what philosopher George Santayana referred to as the “mistakes of the past.” In recent years, countries such as Zimbabwe and Venezuela have instituted price controls only to experience the same disastrous consequences as others before them.

Why do people stubbornly cling to such a failed policy?  Author Laurence M. Vance links it to the often misunderstood concept of the “just price,” which he claims is the source of a “great deal of erroneous thought.” Vance cites the lack of biblical teaching regarding this principle, but instead sees the idea taking shape in ancient Babylonian laws and in the teachings of Greek philosophers such as Aristotle and Plato, who both took a dim view of merchants and commerce, in general. This may have formed the basis for the similar attitudes and views expressed by some prominent medieval thinkers-especially Thomas Aquinas (Vance). Unfortunately, these ideas would go on to influence many throughout the centuries and continue to this day.

It would take many years for us to finally reach Adam Smith, David Ricardo, Ludwig Von Mises, and a host of others, who together would clear up a lot of the confusion and misunderstanding that have muddled economic thinking since the early days of civilization. Ultimately, any worthy discussion of price controls has to be linked to an examination of this concept of a “just price” and who decides what that is. I hope policymakers would reflect on the following quotation,”If there is such a thing as a just price, then the extent to which it influences one’s pricing decisions should be a function of religion, ethics, and morality — not a function of law” (Vance).

Works Cited
Cox, Jim. “Price Controls.” The Concise Guide to Economics. 22 April 2005.
<
http://www.conciseguidetoeconomics.com/book/priceControls/>.

DiLorenzo, Thomas. “Four Thousand Years of Price Control.” Ludwig Von Mises Institute.  10 November 2005. 22 April 2008.<

http://www.mises.org/story/1962>.

Gwartney, James D., Richard L. Stroup, Russell S. Sobel, and David A. MacPherson. Microeconomics: Public and Public Choice. Mason: Thomson South-western, 2006.

Mises. Ludwig Von. “As quoted in Defense, Controls, and Inflation.” Ludwig Von Mises Institute, Auburn. 22 April 2008.< http://www.mises.org/quotes.aspx?action=subject&subject=Price+Control>.

Park, William R. “President Nixon Imposes Wage and Price Controls.” The Econ Review-online. <22 April 2008.http://www.econreview.com/events/wageprice1971b.htm>.

Vance, Laurence M. “The Myth of the Just Price.” Ludwig Von Mises Institute, Auburn. 31 March 2008. 22 April 2008.<

http://www.mises.net/story/2918>.

Van Doren, Peter and Jerry Taylor. “Time to Lay the 1973 Oil Embargo to Rest.” CATO Institute. 17 October 2003.
23 April 2008<

http://www.cato.org/pub_display.php?pub_id=3272>.

Watkins, Thayler. “Episodes of Hyperinflation: Rome.” Department of Economics, San Jose State University, San Jose. 22 April 2008.
<

http://www.sjsu.edu/faculty/watkins/ hyper.htm#ROMAN>.