July 26th, 2010
In passing the new financial regulation law, Congressional Democrats and the White House were able to surf a wave of populist fury that threatened to drown politicians who appeared to be too chummy with all those nice folks who brought you the financial collapse. But auto dealers, whose lending practices can on occasion make loan sharks blush and whose abuses of credit-challenged soldiers roused the anger of the Pentagon, got away virtually untouched.
The explanation, offered by James Surowiecki in the New Yorker, is right on the mark: In the American political system, a highly focused, well-funded lobby with tight connections in every House district is almost unbeatable when it chooses to play rough. And since this particular political game is over, we won’t rehash arguments about whether the proposed curbs on their behavior would have made sense. But their surprising (to some) escape from federal oversight does offer a nice excuse to remind readers that auto dealers aren’t always against regulation. Indeed, it is hard to think of an industry that depends so heavily on government protection from the cruel realities of the free market for their daily bread, not to mention their vacation homes in Florida.
The protection in question is auto dealer franchising laws, which vary a bit from state to state, but are generally the very model of what government ought not to do. Starting in the 1930s, car dealers organized to get Congress to, in effect, set minimum standards of treatment in their franchise agreements. As Jessica Higashiyama, who recently received her JD from UC San Francisco’s Hastings Law School, recounts, Congress was happy to oblige, but the federal courts were less receptive to the idea that Detroit had duties to franchisees beyond those spelled out in the contracts that both parties had voluntarily signed. So the dealers turned to state legislatures and managed to get some remarkable deals from many of them.
Pretty much all the auto franchise laws give dealers immense bargaining power in obtaining compensation if a car maker chooses to stop selling a model line (think Pontiac) or to stop selling cars entirely though a particular dealer. Indeed, GM and Chrysler had to back away from tough dealer-streamlining plans in bankruptcy because the process was too expensive. Some states make it illegal to sell cars at lower prices to high-volume dealers than to low-volume franchisees. Some prohibit car companies from selling directly to the public (say, via the Internet) because it would adversely affect the competitive position of the dealers. And a number are even considering laws requiring the automakers to compensate dealers for warranty repairs at the dealers’ bloated retail repair rates.
Is there ever a good economic case to be made for government intervention in a franchise relationship beyond the protections afforded by contract, fraud and antitrust laws? Consider it a challenge, dear readers, to think of one. What we are pretty sure of, though, is that car dealers’ friends in state legislatures won’t be waiting around for the law-and-economics types to debate the matter.
July 20th, 2010
If you bought any generation of iPhone in the U.S., a federal judge just decided you can now join a class action challenging the exclusive marketing agreement between Apple and AT&T. It’s just not evident why you would want to. It’s not at all clear you are getting a bad deal and, if history holds true, changes in the market will deliver attractive new options long before a court case does.
Some consumers have long complained about Apple’s practice of locking iPhones so that they could only work on AT&T’s network, and Apple’s practice of deciding what applications could and could not be installed on the phone. They argue that the arrangement minimizes competition and limits their choices. But, as Bob Hahn and Hal Singer documented in a study published last fall [Download Here], the exclusivity agreement has likely spurred others to accelerate their own innovations and provided consumers with a wide range of smartphone alternatives, some of which are arguably superior to the iPhone.
If we’ve learned anything from the technology marketplace of recent years–change happens overnight and apparent dominance ends fast. Or, perhaps you’ve forgotten that AOL once seemed to have an iron grip on Internet access, Microsoft was the favorite target of antitrust zealots, Google was once just a mathematical expression, and Apple was a struggling afterthought in a computer market dominated by the Wintel partnership.
As Hahn and Singer wrote in September 2009: “Although casual observers have often claimed that a particular innovation was here to stay, they commonly are proven wrong by unforeseen developments in this fast-changing marketplace. We argue that exclusive agreements can play an important role in helping to ensure that another must-have device will soon come along that will supplant the iPhone, and generate large benefits for consumers.”
And, from personal experience in the U.K. where the iPhone is sold by multiple carriers, we can tell you that having a choice in carriers does not deliver iPhone nirvana. There is something of an iPhone price war that makes the phone more affordable, but the user experience once you own the phone is not all that rosy. Reception is quite spotty in the countryside when traveling on trains, and dropped calls from London to Manchester are the rule rather than the exception. And that’s with a provider that’s reputed to have a very good network.
Still, our personal experience is not the key issue. What counts for decision makers is the relative benefits and costs of exclusive agreements. The primary benefits of banning an exclusive iPhone-type agreement would be greater price and non-price competition in the mobile device market. But competition in this market is already intense. From BlackBerry to Droid, new smartphones are coming out all the time. Even Google has produced its own branded phone. Are consumers better off with identical iPhones from every carrier or from a wide variety of smartphone models competing to distinguish themselves with an expanding array of capabilities, applications and designs?
Barring exclusive agreements carries significant costs. Carriers would have weaker incentives to aggressively promote new devices and ensure network quality. They would also have fewer incentives to innovate, such as developing new and better networks, like the “4G” networks that are coming online now to handle exploding data demands by consumers and businesses.
The real question for policymakers and the courts is the underlying structure of the market and whether a dominant player forecloses competitive choice or new entrants. In the smart phone market, it is hardly the case that the iPhone is dominant. Apple is a major player, but Research in Motion (BlackBerry) and Nokia outsell it. A long view of this market shows that competitors have risen and fallen over time–exactly what one would expect in a market that is changing rapidly. And the available choices are enough to make your head spin.
The mobile device marketplace in the U.S. is remarkably robust. That dynamism makes it easy for regulators to pick the right economic policy: namely, a light-touch regulatory approach that allows device makers and networks to innovate. Consumers will be better off if the courts appreciate the fundamental economics of the market and follow regulators’ lead. If they want continued innovation and expanding choices, this class action against Apple and AT&T is one that consumers should pray that they lose.
(This blog post was published earlier on Forbes.com.)
July 7th, 2010
The Economic Policy Institute, a venerable Washington-based think tank, is unhappy that the Obama Administration has decided to resurrect a free trade agreement with South Korea that was negotiated by the Bush Administration back in 2007. That’s no surprise: the EPI is closely linked to what’s left of …
[READ MORE...]
June 23rd, 2010
Just before the tech bubble crashed in 2000 Microsoft had a market capitalization of $586 billion while one-time rival Apple’s cap languished at $17 billion. Now the two tech icons are running neck and neck — a reversal of fortune the bloggerati are inclined to ascribe to a …
[READ MORE...]
June 21st, 2010
Remember “video-conferencing,” the technology once promoted as a substitute for business travel? Grainy video screens and telephone-quality audio proved to be a hard-sell, never displacing more than a tiny fraction of face-to-face contact. But now, thanks to the low cost of bandwidth and dramatic improvements in both hardware and software, …
[READ MORE...]
June 21st, 2010
How much home ownership is too much? For decades, it’s been U.S. government policy – one backed by hundreds of billions of dollars annually in direct and indirect subsidies [Download Here] – to encourage Americans to own rather than to rent. Yet …
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June 5th, 2010
A big question these days for smartphone users is whether telecommunications providers will continue to offer “all you can eat” data plans or switch to charging by the megabyte. The more important issue–at least from …
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June 1st, 2010
You may have read our views on this subject before: Supply-side anti-drug policies, based on interdiction at the border, can only work by raising the price of the illicit drugs in question. And since the demand for drugs is inelastic, this approach virtually guarantees that the drug trade …
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May 31st, 2010
It’s egg-on-their-faces time for the assorted politicians and pundits who dismissed the potential for spills in offshore drilling as an acceptable price to pay for access to undersea riches. Does that group include us (Hahn and Passell)? Yes and no. We admit to writing articles, both technical [READ MORE...]
May 28th, 2010
As mandated by Congress the FCC came out with its 14th annual report [Download Here] on the state of competition in the market for wireless services. And as usual, it is a trove of solid data, a must-have reference for telecom and antitrust …
[READ MORE...]
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Quick Takes
July Madness
Economists Robert Stavins (Harvard) and Richard Schmalensee (MIT) make a key distinction between the substance of climate policy and the mechanisms for implementing it in the Boston Globe. In trashing efforts to pass a climate bill, Senate Republicans and a handful of Democrats sought to demonize cap-and-trade as an under-the-table tax. In fact, cap-and-trade was invented by conservatives in the 1970s as a less costly, market-based alternative to command-and-control regulation of pollution.
Were opponents genuinely ignorant of this? Or were they simply prepared to jettison a remarkably successful substitute for Big Brother in coping with a whole host of economic problems? Hard to say which interpretation is more depressing…
July 30th, 2010 | What do you think?
Potopia?
Everybody who cares about illicit drug regulation knows that, this November, Californians will get a chance to vote on a ballot proposition legalizing the possession of small amounts of marijuana. What nobody knows for sure is how legalization would affect the price and rate of use of the stuff. The non-profit Rand Corporation’s Drug Policy Research Center takes some highly educated guesses, predicting that the (pretax) retail price of an ounce could fall by 80 percent or more, and that consumption could rise to 1970s levels. There’s a lot more to their analysis, though: think tax revenues, drug law enforcement costs, tourism, gang violence – even the impact on innovation.
July 25th, 2010 | What do you think?
Free Lunch
Countercyclical fiscal policy creates jobs, income and economic capacity during lean times. Could countercyclical regulatory policy be used to the same ends? In a policy brief released by the liberal Progressive Policy Institute, Michael Mandel, the former economics editor of Business Week who is now editor-in-chief of VisibleEconomy, notes that America’s most innovative industries have been losing jobs ever since 2007. He suggests that economic regulation of high-tech — in particular, the heavily regulated telecommunications industry — could be eased during the recession as a means of spurring investment when it’s most needed. We can think of more than a few objections to targeted regulatory holidays. But the idea of distracting the FCC from its new enthusiasm for network neutrality certainly has some appeal.
July 22nd, 2010 | What do you think?
The Real Thing?
I’m of two minds about revenue-starved states that are taking on powerful bottled soda interests by proposing hefty taxes on calorically sweetened soft drinks. On the one hand, taxes on external costs may, in principle, increase efficiency rather than decrease it. On the other, while it is plausible that sweetened drinks have uniquely unhealthy properties, the argument doesn’t match the slam-dunk health externalities case against cigarettes. Nor do we have a solid estimate of how much tax would be needed to cover the externality, or whether imposing the tax on soft drinks alone would do the trick. It is worth remembering, in any event, that the taxes would almost certainly be highly regressive.
For a thoughtful discussion of these issues, check out Justin Fox’s column on Time’s blog.
July 9th, 2010 | What do you think?
Coalitions of the Willing
The very modest (to say the least) achievements of the Copenhagen climate meeting last December raised the issue of whether a comprehensive global agreement on climate change was realistic. Or even desirable, if the only way to bring everybody on board was to water down the provisions so much that considerable warming would follow even if nobody cheated. Hence the new focus on a multi-track approach, allowing coalitions of the willing to lead the effort to contain emissions.
Dritan Osmani and Richard S.J. Tol, whose specialty is economic/energy modeling, flesh out the idea with considerable analytic rigor, using Scott Barrett’s work as a starting point. Of course, models are no better than the assumptions on which they are based. But it’s nice to see that somebody is still optimistic about containing climate change.
July 1st, 2010 | What do you think?
Tech Talk
If Pres. Obama has his way, Washington will invest heavily in energy technology as part of a broader climate change initiative designed to wean us addicts from our daily (hourly? secondly?) carbon fix. The Republicans will take the technology minus the climate regulation, thank you very much. Either way, though, it appears the feds will invest more in carbon-sparing technologies.
But how? Brookings, the Breakthrough Institute and the Information Technology and Innovation Foundation just laid out their own wish list. A nice starting point for thinking about ways to get maximum bang for the buck. (Actually, we’d settle for a nice, solid return on same…).
June 25th, 2010 | What 1 reader thinks »
You Say Tomato
Earlier in the month, the former IMF chief economist Raghuram Rajan took a swipe at indirect housing subsidies, which gave Paul Krugman an excuse to pontificate on the relative innocence of Fannie Mae and Freddie Mac in creating the housing bubble. (Republicans, it seems, are more inclined to blame Fannie and Freddie and their liberal patrons for the financial crisis than Wall Street, K Street or themselves). Not to be outdone, Charles Lane, the veteran Washington Post columnist, gave Krugman’s argument a long cool look. We kinda think Lane won this round. But whatever you think, we’re guessing you’ll find it a pleasure to see these smart, well-informed policy nerds duking it out in public.
June 14th, 2010 | What 1 reader thinks »
Hubris
Writing in Legal Pulse, the conservative Washington Legal Foundation’s new blog, former deputy assistant attorney general Steven Bradbury points out that the National Football League shot itself in the foot by encouraging the Supreme Court to hear its antitrust licensing case, America Needle v. NFL [Download Here]. Fresh off wins in two lower court rulings, the NFL had hoped to get a blanket exemption from antitrust action in its commercial ventures. Instead, the Supremes split the baby (see our blog). Now the league will be stuck fighting “rule of reason” litigation in which courts will decide each restraint of trade lawsuit based on specific circumstances.
June 7th, 2010 | What do you think?
Numbers, Numbers, Numbers
Yes, we know that, with the help of Google (or Bing), economic statistics are generally pretty easy to find. But it’s worth taking note of the latest Web-based stats from the OECD: the 2010 Factbook of Economic, Environmental and Social Statistics. The data sets, which cover OECD members (and often include OECD wannabes Chile, Estonia, Israel and Slovenia along with Brazil, China, India, Russia, Indonesia and South Africa), are also available free on iPhones and (soon) Blackberries. We’re especially struck by cross-country comparisons of fairly obscure numbers, including patents, R&D expenditures, fishery productivity, happiness, and the redistributional impact of taxes and government expenditures.
May 28th, 2010 | What do you think?
Yin and Yang
Tyler Cowen has an interesting response to Paul Krugman’s post on why the potential to sue for damages is an inadequate substitute for government regulation. (This, of course, is in the context of the oil spill in the gulf.) Judging by the interchange, it’s hard to conclude that either approach works very well as a means of inducing economically efficient outcomes.
For more on the general debate, check regulation2point0 here and here and here.
May 26th, 2010 | What do you think?
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