Is antitrust enforcement good per se, no matter what its effect on consumers? Reading an August 26 New York Times editorial, one could easily conclude that the Times editors think so. Indeed, the content of the editorial is in tension with the editorial’s title. The title is “Americans Pay a Price for Corporate Consolidation.” You might think on that basis that the editors would point out how consolidation of corporations would create market power, causing consumers to pay higher prices. But you would be wrong. The editors explicitly reject the idea of judging mergers by their effects on consumers. There are powerful forces arrayed on their side, specifically the head of the Federal Trade Commission, Lina Kahn, and the head of the Department of Justice’s Antitrust Division, Jonathan Kanter. If Kahn, Kanter, and the Times editors get their way on enforcement of current law, the odds are high that we consumers will be worse off.
This is the opening paragraph of David R. Henderson, “To Antitrust Enforcers, Consumers Are Irrelevant,” Defining Ideas, September 14, 2023.
Another excerpt:
One of the striking things about the Times editorial is that the editors admit that the more stringent enforcement of antitrust will not help consumers. For example, the editors discuss the DOJ’s and the FTC’s proposed tighter rules for allowing mergers. They start by suggesting that the tighter rules will increase competition, which “keeps pressure on prices.” But then in discussing the looser restrictions that came about early in the Reagan administration and under subsequent administrations, they write:
It wasn’t enough to show a merger would reduce competition; the government generally sought to block deals only when it could show a merger would result in higher prices for consumers or that it would clearly cause some other quantifiable harm—a standard that was rarely met.
Did you catch that? The standard was rarely met. In other words, when companies proposed mergers and the federal government’s antitrust enforcers approved, those measures were not expected to hurt consumers. So much for the Times’s argument, then, that tighter rules on mergers will “keep pressure on prices.” That line makes sense only if the pressure is upward, that is, to keep prices high.
Finally, how to get more competition: allow it:
The Times points out that we are now left with “four major airlines, three major cellphone companies, and two dominant makers of coffins.” Of the three industries mentioned, the one I know best is airlines. The Timespoints out that US airfares are significantly higher than European fares. There’s a reason for that, a reason that immediately suggests a solution. The reason is that the EU allows many more airlines. Cut-rate Ryanair, for example, based in Ireland, flies between London and Sofia, Bulgaria, and charges a fare under $100. The US government should follow suit: allow foreign airlines to compete on domestic routes. If the federal government did so, we could conceivably have six or seven major airlines competing on heavily traveled routes such as San Francisco to New York or Los Angeles to Chicago.
Moreover, although I don’t know much about the coffin industry and hope not to for at least another twenty years, state governments in the past have helped cement the dominant position of the leading coffin producers. Indeed, one of the many victories of the pro-market public interest law firm called the Institute for Justice was in getting rid of the restrictions that prevented a bunch of monks in Louisiana from selling lower-priced coffins. Are the Times editors even aware of that victory for competition?
Read the whole thing.
HT@ Cyril Morong for alerting me to the NYT editorial.
READER COMMENTS
MarkW
Sep 15 2023 at 10:05am
Anti-trust is now thought of by those on the left of a way of preventing corporations from becoming ‘too big’ regardless of whether the effects on consumers and the economy are neutral or even beneficial. The old pretext that bigness would result in monopoly power that hurt consumers (and it was a pretext even during the trust-busting era) may now be dispensed with. Democrats despise and distrust non-governmental (especially free-market) centers of power and influence (whether they be individual billionaires or large corporations) and they mean to cut these ‘tall poppies’ down to size but whatever tools might be brought to bear (therefore expanded antitrust and billionaire wealth taxes).
steve
Sep 15 2023 at 2:32pm
Is there really a market here for Ryanair? If you google it you find out that the US has had thousands of airlines that have gone out of business, at least 5 this year so far. We still have many, many airlines. We still have at least 10, assuming I counted correctly, with over $1 billion in revenues. How many more airlines do we need? There is a history of many failed attempts at cheap, no-frills airlines in the US. We have many airlines already that could compete if they wanted but it would mean cutting staff and eliminating rewards programs. Using out fo the way hubs.
Steve
https://www.statista.com/statistics/1109993/largest-airlines-north-america-passengers/
David Henderson
Sep 15 2023 at 4:00pm
You ask:
I think there is. But there’s an easy way to find out: open the market to foreign competitors. They often have lower costs than U.S. companies.
It’s important, Steve, not to be a central planner, deciding, based on what you think you know, what the structure of an industry should be.
You ask:
I don’t know the answer; neither do you. So again, open the market and find out.
steve
Sep 15 2023 at 6:55pm
Fine with me. It just seems unlikely that since a we currently have 58 passenger airlines, per expert I read today, that the 59th would make a difference.
Steve
Jon Murphy
Sep 15 2023 at 7:04pm
It’s unlikely that the marginal will make a major difference. But the total effect of 59 through n will.
No one drop believes it is to blame for the flood
Don Boudreaux
Sep 16 2023 at 7:10am
“Airlines” is not a category of homogeneous companies. While it’s true that even if each and every airline were identical to the others there’s no way, absent actual market competition, to determine whether or not additional airlines are worthwhile, the more important fact is that an additional airline might well – indeed, likely will – differ from existing airlines in an important way or ways.
Perhaps the new airline is managed by executives who are better than any others at cutting costs without cutting service. Perhaps the new airline will configure seating for passengers in a new manner that no other airline has thought of. Perhaps the new airline will offer an innovative, new experience for passengers waiting at its gates to board its flights. Perhaps the new airline will entrepreneurially integrate with rental-car companies and hotels in ways that please consumers but that the executives of existing airlines would never think to do. Perhaps the new airline will have a website that’s better than that of any existing airline. The length of the list of these “perhaps”-es is limited only by one’s entrepreneurial imagination.
In the case of airlines, an unusually large number of government-imposed rules artificially restrict the range of entrepreneurial experimentation open to airlines. Nevertheless, airlines are far from homogeneous, cookie-cutter-produced companies – and there are surely several legally permitted innovations that existing airlines will never think of and which, if we are to have any hope of trying out, require the ability of the 59th or 159th airline to enter in competition for consumers’ dollars.
David Henderson
Sep 16 2023 at 11:21am
All good points, Don. Thanks.
The presumption is always that allowing entry will increase competition. Little or no attention should be paid to armchair analysts who claim it won’t.
Ron
Sep 17 2023 at 10:15pm
This is why economic planners are important. Collapse, an excellent account of the collapse of the Soviet Union, describes how this system broke down in the 1970s and that Andropov’s planned reforms could have resuscitated economic planning.
There’s no need to leave this stuff to the inefficiencies, corruption, graft, dislocation, and exploitation of the market. Planning can occur at multiple levels. So while David Henderson might not know how many airlines we need, it’s not an unknowable fact and there’s a socially responsible and democratic method of figuring it out.
This “open up the market” and lets find out, has been basic approach for the past 40 years in the U.S. and it has brought really striking misery, joblessness, dislocation, and debt, not to mention inevitable wars as various private actors lobby and push.
The Soviet Union had many many faults, but in very rapid timeframe that government was able to turn a feudal society into a more or less industrialized society with significant technological contributions. We are not prisoners of this market. We can do much much better.
Jon Murphy
Sep 18 2023 at 9:42am
The ahistorical nature of your comment aside, I fail to see how Andropov’s reforms address the fundamental issues of central planning raised by both liberal economists (Hayek, Mises, Smith, Lavoie, Buchanan, etc) and socialist economists (Lange, Tinbergen)
vince
Sep 15 2023 at 2:41pm
On the other hand, it also attracts influence peddling and regulatory capture.
One comment about prices. That’s not the only thing that’s good for consumers. When I have a choice of several vendors, I get much better service. I have no problem paying more for that.
Comments are closed.