ECONOMICS OF REGULATION AND ANTITRUST by W. Viscusi, Joseph Harrington Jr. and David Sappington

Chapter 3 Introduction of Antitrust | Reading Write-Ups

Introduction: The Value of Studying Antitrust

The essence of economics vibrates with the spirit of competition. While not utterly unconstrained—no, firms can’t simply dynamite their competitors’ facilities—we lean on competition as the quintessential engine driving favorable economic outcomes. But sometimes competition evaporates. Essentially, antitrust laws strive to enhance market functionality by nurturing and regulating competition.

Monopoly versus Competition: An Illustrative Example

Recall the theoretical world of perfect competition in Econ101, where

  • Consumers are perfectly informed about all goods, all of which are private goods.
  • Producers have production functions that rule out increasing returns to scale and technological change.
  • Consumers maximize utility given budget constraints as defined by their income and product prices; producers maximize profits given their production functions and input prices.
  • All agents are price takers, and externalities among agents are ruled out.
  • A competitive equilibrium, which is a collection of prices such that all markets clear, is then determined.

Under these conditions, competitive equilibrium ensures prices equal marginal costs, maximizing total welfare (consumer surplus plus firm revenue).

Now, envisage a shift to a singular monopolistic producer. This monopolist faces a downward-sloping demand curve and chooses prices to maximize revenue, resulting in prices higher than those in competitive markets.

This example, while simplified, underscores the essence of monopoly dynamics—the optimal market outcome for welfare, a competitive equilibrium, is subverted by monopolistic pricing strategies that favor the producer at the expense of overall welfare.

However, let’s not hastily conclude that “more competition is always better.” We are merely scratching the surface of this complex topic, as the upcoming chapters will reveal.

When Assumptions Relax: Unveiling Complications

  • Economies of Scale: The initial assumption negates the impact of economies of scale—envisioning that replacing a monopolist with numerous firms has no cost implications. In reality, industries like telecommunications or large-scale manufacturing demonstrate that sometimes, a single producer can be most cost-effective.

  • X-Inefficiency: Monopolies, luxuriating in their market power, may not always pursue optimal strategies. Nobel Laureate Sir John Hicks humorously noted that

    The best of all monopoly profits is a quiet life.

    hinting at the complacency that can arise from unchallenged market dominance. This phenomenon is further exacerbated by potential misalignments between ownership and managerial goals, not unlike the operational ethos of some sports franchise owners.

  • Monopoly-Induced Waste:

    Another source of inefficiency created by monopoly is competition among agents to become a monopolist. Rent-seeking behavior may arise in various ways: lobbying activities use up real resources, excessive advertising campaigns, unions, etc..

    Notably, innovation creates monopoly sometimes. But the nature of innovation lowers cost and might benefit market even if it induces monopoly. Taking into account of the dynamtic nature of the economy, it further complicates our analysis.

Tool Box: Industrial Organization

The field of industrial organization began with research by economists at Harvard University in the 1930s and 1940s. They developed a general approach to the economic analysis of markets that is based on three key concepts: (1) structure, (2) conduct (or behavior), and (3) performance. They hypothesized a causal relationship between these three concepts: Structure (number of sellers, ease of entry, etc.) determines firm conduct (pricing, advertising, etc.), which then determines market performance (efficiency, innovation). For example, more firms (structure) result in more intense price competition (conduct) which yields higher consumer surplus and lower industry profit (performance) because of lower prices. Known as the structure-conduct-performance paradigm (SCPP):

the structure-conduct-performance paradigm, though stylized, it provides a framework to start. Although the causal narrative of the SCPP framework appears overly simplistic, and the framework itself no longer underpins the theoretical and empirical pursuits in industrial organization, the concepts of structure, conduct, and performance still provide a valuable framework for understanding market dynamics. These elements help define the market range, for instance, from flight routes between specific cities to broader national markets. They also aid in understanding market structure, including factors like the proportion, concentration, and diversity of the industry, and market power which involves aspects like consumer demand functions. Conduct, or the actions taken by firms, and performance objectives, such as welfare, efficiency, or broader economic performance standards like product quality, variety, and service levels, are also integral. Lastly, regulatory authorities—the government or courts—play a crucial role in influencing the market dynamics that Adam Smith’s invisible hand would otherwise guide unfettered.

the structure-conduct-performance paradigm, though stylized, it provides a framework to start. Although the causal narrative of the SCPP framework appears overly simplistic, and the framework itself no longer underpins the theoretical and empirical pursuits in industrial organization, the concepts of structure, conduct, and performance still provide a valuable framework for understanding market dynamics. These elements help define the market range, for instance, from flight routes between specific cities to broader national markets. They also aid in understanding market structure, including factors like the proportion, concentration, and diversity of the industry, and market power which involves aspects like consumer demand functions. Conduct, or the actions taken by firms, and performance objectives, such as welfare, efficiency, or broader economic performance standards like product quality, variety, and service levels, are also integral. Lastly, regulatory authorities—the government or courts—play a crucial role in influencing the market dynamics that Adam Smith’s invisible hand would otherwise guide unfettered.

A Bit More History

During the 1950s and 1960s, empirical research under the SCPP framework aimed to identify uniform relationships applicable across all industries, such as the effect of additional firms on lowering prices. However, experience has shown that each industry’s idiosyncrasies make it impractical to apply a one-size-fits-all approach. Today, industrial organization economists recognize the unique characteristics of each industry, moving away from overarching generalizations.

Government

The “Government Policy” segment of the SCPP highlights how antitrust and regulation can influence the structure and conduct of industries to impact their economic performance.

Regulatory bodies identify and curb anti-competitive behaviors through various means—be it fines, remedies, or more dramatic actions like incarcerating CEOs. The interplay between firms and regulators is a complex dance:

[Nobel laureate] Ronald [Coase] said he had gotten tired of antitrust because when the prices went up the judges said it was monopoly, when the prices went down they said it was predatory pricing, and when they stayed the same they said it was tacit collusion.

While Professor Coase was presumably speaking in satiric hyperbole, there is some truth in what he says. The challenge of antitrust is to distinguish anticompetitive behavior, such as collusion and monopolization, from competition and the exercise of fairly obtained monopoly power (for example, due to better products).

On the Purpose and Design of Antitrust Laws: Some More History

Historically, antitrust laws were not solely aimed at maximizing social welfare or consumer surplus:

The purpose of antitrust (or competition) law is to maintain a competitive marketplace by prohibiting certain practices that allow a firm or firms to create, enhance, or extend market power. To begin, an important distinction needs to be drawn between protecting competition and protecting competitors. In the United States in the 1950s and 1960s, a goal of antitrust law was interpreted as protecting small businesses, often to the detriment of consumers. This perspective is attributed to the Supreme Court of Earl Warren (1953–1969) which defined “competitive” as when the market has many small firms that can effectively compete with large firms. This meant, for example, that a merger that lowered cost and benefited consumers by lowering price could be prohibited, because it harmed small firms by causing them to be at a cost disadvantage.

This view of the role of U.S. antitrust radically changed during the 1970s and 1980s. The Chicago School revolution shifted the focus to protecting consumers, not small businesses. More competition was supposed to mean lower prices, higher output, and more innovation. Out of this new perspective emerged the standard of consumer welfare: If consumers are made worse off then the practice is to be prohibited. Otherwise, it is to be allowed.

U.S. and Global Community

Antitrust enforcement typically occurs at national or state levels, and how governments interact with market sectors varies considerably across countries due to differences in government structures, legal systems, geographical and historical factors. The U.S. and Canada share some similarities in their approaches, while European nations have distinct systems. In Asia, particularly China, practices vary significantly. It is crucial to appreciate these differences, as they enrich our understanding of global economic dynamics.

Conclusion

As we step into the era of AI, antitrust, a field steeped in traditional economic analysis, is poised to gain renewed relevance and interest. The discipline of economics, known for its deliberate pace compared to fields like computer vision, benefits from its methodical rigor. Its foundational theories are well-established, having stood the test of time and rigorous peer review. Moreover, many topics remain ripe for exploration, promising a rich field of study as we integrate traditional economic principles with the challenges of modern technology.