Thursday, May 28, 2015

Regulation and Deregulation, pt. 5

In order to rationally treat deregulation, we must therefore first examine other examples of deregulation and their consequences.  We’ve touched on examples in Germany and Poland, both of which produced outstanding results.  A more complex foreign example would be the rolling back of democratic socialism in India, which helped end the exceedingly corrupt, monumentally inefficient “permit raj” approach to licensing private industry.  China, too, has instituted market reforms, allowing for some measure of private ownership and investment.  It still maintains a stranglehold over society in a legal / social sense, but the Chinese people are unarguably freer today than they were 30 or even 20 years ago.  And it is no coincidence that China and India are both becoming major economic powerhouses in their respective quarters of Asia.  Regulation and central planning shackled their economies for decades; privatization and deregulation have brought prosperity and increased liberty.  And this is of course precisely what Hayek and Friedman predicted.  As Daniel Yergin recounts in The Commanding Heights, it took a great deal of courage for the social democrats in India to swallow their pride and reverse their position.  Prime Minister Monmohan Singh states, in the PBS video documentary of the book, that it was difficult to admit fault, especially given the reverence that many Indian politicians and bureaucrats felt for their first prime minister, Jawaharlal Nehru, who was the chief architect of the post-colonial economy.  The contrition expressed by the politicians, and the discomfort with which bureaucrats accepted the new rules of the game, comprised part of what Yergin terms “the agony of reform.”  However, once committed to that path, they found it only became easier, because the positive results were so encouraging.  One lesson we can take from this is to expect some chaos in the wake of deregulation; what matters most in any given instance isn’t the short-term pain but the long-term gain.  I would agree that if the latter is of less significant magnitude than the former, then that instance wasn’t worth the effort.  But we are only in a position to make this determination at some much later date, not while we’re still in the throes of that agony (to which an entire third of the PBS video documentary of Commanding Heights is devoted).  Unfortunately, another lesson from India is that corruption, once entrenched, becomes difficult if not impossible to eradicate.  Prevention seems to be more desirable than cure in this regard.

But to drive the point home to my American readers, I’ll focus on examples from our own country, preferably those examples that are recent enough to be within memory or the newspaper archives.  Probably the most well-known such example is that of the airline industry.  Yergin provides a great deal of detail about how the airline industry grew up under the aegis of federal regulation.  In keeping with Robbins’ theory on cartelization, Pan Am benefited substantially from federal regulations, becoming one of a handful of national carriers dominating the industry by preventing newcomers from getting a toehold.  High-tech, low-margin industries present formidable barriers to entry, and those firms that can most rapidly exploit economies of scale become predominant.  Before federal regulations come to bear on any new sector, market entrepreneurs with a profound economy-of-scale advantage can eventually become monopolies; Standard Oil’s history is one example.  Once the sector becomes regulated, the advantage shifts to those firms that can best exploit the regulations.  Firms can leverage any such pre-existing advantage via political patronage; firms that haven’t grown sizeable enough to thusly benefit can appeal to anti-trust sentiment, or to whatever other political expedient presents itself, such as a politician’s favor toward companies in his home state.  Where feedback loops present themselves (as through lobbying and political action), this process—the shift from market capitalism to political capitalism—is reinforced, and it accelerates.  At its culmination, there is no longer a free market (although pretense at such may remain for decades); there is only corporatism.  And this environment does not favor market entrepreneurs; it favors those who can wield the government’s force on their own behalf.  Once political power has been coopted by corporate will, it no longer serves the people.  This is the source of the military-industrial complex and the prison-industrial complex.  At its extreme, this tendency results in fascism.  In moderation, it results merely in loss of freedom of choice.

As previously discussed, during the 1970s, Stagflation held the American economy in an iron grip.  There was no measure available to policymakers, at least in a Keynesian context, that could improve either inflation or unemployment without simultaneously exacerbating the other.  There were economists of the Chicago school arguing that the government’s price controls were the leading cause of inflation, and that competition would prove to be the necessary palliative, but opening up competition would in turn require deregulation, and this was absolute anathema to the Keynesian orthodoxy of the day.  It was simply not given due consideration under the Nixon administration (as demonstrated by his infamous statement “We’re all Keynesians now”).  “What is the effect of regulating the airlines?” asks Chicago economics professor Sam Peltzman in the PBS documentary.  “What is the effect of regulating the trucking industry?  What is the effect of regulating the railroad industry?  Very often it raises prices.  Instead of allowing competition, it suppresses competition.”  Alas, Peltzman was not on Nixon’s staff.

Supreme Court Justice Steven Breyer was not a Chicago economist in the early 1970s; he was a member of the competing, liberal Harvard school.  He supported a liberal Democratic administration, and was an acquaintance of liberal Democratic legislator Ted Kennedy.  Kennedy asked Breyer to head a Senate investigation studying the impact of federal deregulation of the airline industry.  What they found was that the leading firms of 1938—the time at which New Deal-era regulation had been applied to the airline industry—were still the leading firms in 1974.  Competition had had no effect on the dominant carriers, a telltale sign of their having benefited from the regulatory climate.  Members of the Civil Aeronautics Board were called to testify before the Senate panel.  The figures that emerged from testimony were troubling:  approximately 5% of the regulators’ time was spent controlling prices deemed too high, and the remaining 95% of their time was spent controlling prices they deemed too low.  The main thrust of regulatory effort was to ensure that prices remained artificially high.  And of course this was precisely how the leading airlines wanted it.  Contrast this with the “monopolist” practices of Standard Oil, who while dominating the US market, always labored to lower prices.  Monopoly itself doesn’t provide a useful distinction between market and political entrepreneurs; what matters, ultimately, is the presence or absence of the firm’s willingness to coerce the consumer using state force.

Englishman Freddie Laker, owner of the cut-rate airline Laker Airlines, pleaded his case with American federal regulators.  The system appeared, at least to him as an outsider, to be set up deliberately to favor Pan Am.  He was trying to get the market opened up to his firm, Laker Airlines, as well as to other competitors that had been shut out of participation.  The Transportation Department listened to Laker’s complaints, and then ruled that lowering prices (and thereby lowering barriers to third-party entry) would hurt Pan Am.  “The cause of all this is Panamania,” he replied:  the idea that “everybody should do everything for Pan Am.”  Nonetheless, Laker had patrons in government, such as Cornell economist Fred Kahn, named chairman of the Civil Aeronautics Board in 1977 by Jimmy Carter.  Kahn championed the idea of a much leaner, weaker regulatory structure.  At the time, the largest division of the Board was the Enforcement Department, which spent its budget by sending hundreds of agents into airports to seek out companies offering discounts…for which the Department fined them.  Because airlines couldn’t compete on the basis of fares, they competed in other ways, such as on the sumptuousness of their in-flight meals.  The Enforcement Department, in turn, issued fines to companies who charged less than the commanded rates for meals.  By the time Kahn was done with the deregulation of the airline industry, the Board was left with essentially no function, and so was decommissioned.  A free-for-all of competition ensued, with dozens of smaller and regional carriers coming into and going out of existence.  Some employees lost jobs, but were often able to rejoin other carriers (or, eventually, the same carrier), albeit sometimes at reduced salary.  This is the kind of course correction, “agony of reform,” that could have been avoided altogether had the market simply been left competitive in the first place.  But it’s to be expected that progressives will blame the job loss on deregulation, rather than on inefficiency in the market.  It falls to you, the reader, to determine on the basis of the above evidence whether the blame for job loss falls to the market or to government.  The net result for consumers today is unquestionably more competition.  Firms compete on the basis of fares and amenities, and prices have on average gone down considerably.  As happened during the era of steamboat travel, the price war in air travel has brought about an age of world travel, opening up flight to the masses.  Many competitors have lost, but the consumer has nonetheless won.

And while this is a major triumph for Chicago-school economics and conservative policymakers, it must not be forgotten that this triumph comes at the hands of liberal Democrats.  Jimmy Carter and Ted Kennedy are among the nation’s foremost practitioners of deregulatory economic improvement, giving the lie to Democratic claims that such measures are, always and everywhere, a bad idea for the economy and for the consumer.  Similar stories played out in the trucking and railroad industries.  While these are but a tiny subset of all economic activity, they in sum represent the bulk of the transport sector, and their mutual deregulation has arguably contributed to the massive, rapid growth of technology that began in the late 70s and continues to this day.  It could reasonably be argued, in other words, that the personal computer revolution and the rise of the Internet have, among their roots, the deregulation of domestic transportation.  Even the Wiki on Reaganomics acknowledges:

One controversial issue concerning Reaganomics is the issue of how much of deregulation which took place during the 1980s the Reagan administration was responsible for.  Economists Raghuram Rajan and Luigi Zingales point out that many of the major deregulation efforts had either taken place or begun before Reagan (note the deregulation of airlines and trucking under Carter, and the beginning of deregulatory reform in railroads, telephones, natural gas, and banking).

Carter and Reagan, therefore, both deserve credit for the win, but the theory itself long predated both.  Nonetheless, the results were positive, meaning that if we ignore the name and party of the individual occupying the Oval Office and focus just on the policies, the policies are fully-vindicated.  Carter was a successful deregulator, but he was unsuccessful at stimulating the economy or taming inflation, and that was because although he could be talked into deregulation of specific sectors, he could not abandon the strict Keynesian assumptions of the Democratic Party with respect to unemployment.

The agony of reform nonetheless rears its head in most if not all cases of deregulation.  History presents us with one clear maxim:  there are unintended consequences for all rapid changes.  Another Democrat, William Clinton, oversaw the Executive branch during most of the 1990s, replacing President George H. W. Bush largely on the basis of the latter’s inability to keep his “no new taxes” campaign pledge.  Bush had achieved the Oval Office on the strength of the performance of his direct predecessor, Ronald Reagan.  Reagan is of course the Right’s shining example of deregulatory, supply-side economics.  The 1980s were one long economic expansion, providing some of the best proof available of the validity of the Austrian (and related) schools.  At the end of that decade, another phenomenal proof was revealed:  the ability of capitalist prosperity to outcompete economic planning.  The Soviet Union, drawn increasingly into competition with the West on such fronts as defense spending and outer space, found itself unable to sustain its competitive participation while still operating a functional economy.  At its height, the USSR spent more than 60% of its GDP on national defense, an entirely unsustainable amount (and one that the government carefully hid from outsiders as well as its own people); in the early 80s, it froze domestic industrial output at 1980 levels, in effect creating a deliberate recession.  The constant focus on defense spending and economic planning left little in the way of economic resources to grow the economy or promote social development.  Slow economic growth was compounded by a burgeoning trade deficit with the West, itself the result of the inherent superiority of capitalism.  And the Reagan Doctrine—the supplying of arms to governments fighting against Soviet-backed revolutionaries or invaders—was compelling the Soviets to expend ever-greater amounts of men and materiel in their various military entanglements.

After the United States announced its Strategic Defense Initiative, the Soviets had little choice but to counter with an initiative of their own…one which eventually broke the national budget.  And although the SDI program turned out to be practically infeasible, given the state of technology at the time, it met its objective by effectively ending the Soviet nuclear threat.  Faced with the inability to keep government operating without funds, and with communism under increasing attack elsewhere in the Soviet bloc, General Secretary (and later President) Mikhail Gorbachev began instituting substantial economic and social reforms in the late 80s, culminating with the adoption of a fully-democratic political system supporting an unplanned market economy.  The result for the United States was an end to the Cold War, and a commensurate reduction in the need for expanding defense spending.  Through the first of his two terms, Reagan had adhered largely to the campaign platform of reduced taxes and lowered government spending.  And this combination, in concert with Volcker’s contractionary monetary policy, helped tame inflation and bring about what was at the time the longest peacetime expansion in the nation’s history.  Democratic critics are fond of pointing out that although Reagan met many of his policy objectives during that first term, he nonetheless expanded government spending and raised taxes during the second term.  If we regard each term as a predominantly one-issue administration (taming the economy and ending the Cold War, respectively), then the pattern is explicable in terms of changing policy objectives.  Trickle-down economics worked, and once it was working, the President’s emphasis shifted toward defense.

Another factor to consider is the degree of support Reagan had from the predominantly Democratic congress.  They were willing to work with him on some measures, but the longer he was in office, the greater the resistance they offered.  By the start of his second term, he could no longer count on any great degree of cooperation.  As was the case with the Mellon’s Treasury policies, the pendulum swung against him, and he ceased making substantial economic progress.  The difference between his degree of success during his first term and that of his second comes down largely to the differing degree of indulgence granted him by a hostile Congress.

That was not a problem faced by Clinton.  Congress was still heavily Democratic during his first term, and he didn’t face the legislative resistance that Reagan faced.  He was generally more successful overall in getting his policies enacted, a fact which Democrats point to with deserved pride.  One fact that goes overlooked by Democrats is that most of his policies were far more in line with Reagan’s supply-side economic theory than with Roosevelt’s or Carter’s demand-side policies.  As previously discussed, Reagan’s tenure can be logically divided into two terms, each with a different focus (and therefore each with a different degree of observance of fiscal restraint).  Early in his presidency, Reagan cut taxes and cut government spending; later, he raised taxes and increased spending.  Clinton’s tenure offers a neat mirror-image of this approach.  During his first term, he raised taxes and increased spending.  Later, he lowered taxes and cut spending, continuing the former’s deregulatory streak.  The boom of the 1990s is frequently attributed to this tax cut and decrease in government spending.  It in fact is but another example of the success of the Mellon Doctrine.  And this is attested to by Clinton’s own policy wonks.  In February 1995, 18 months after the tax increase took effect, his Office of Management and Budget issued projections of deficits for the next five years, assuming the continuation of existing policies.  As shown in the following graph, the projection was an admission of defeat; the tax hike would not stave off deficit spending, and in fact deficits would increase well beyond $200 billion over the next five years.



(Source:  Office of Management and Budget and Congressional Budget Office data, cited in Forbes article '93 Clinton Tax Hike Didn't Lead To Budget Surpluses Of Late '90s.)

So why didn’t government spending exceed that limit during his tenure?  In part, because Clinton was faced by an adversarial Republican legislature during his second term, and this imposed strict fiscal restraint on the government.  Indeed, spending increased by only about 2.9% over the next four years.  This encouraged the institution of the 1997 tax cut, with the result that the economy expanded considerably.  In this result, Clinton’s presidency extended and continued Reagan’s results. 

However, Clinton was a Democrat, and as such was less committed to the idea of smaller government than had been Reagan.  While he was in office, Clinton oversaw some substantial increases to the size of government.  Regulatory structures such as FMLA, OSHA and NAFTA were either enacted or greatly expanded, with the net result that employers began seeking external labor markets.  In effect, it had become much more expensive and complicated to hire American workers, so corporations sought offshore labor.  While the offshoring phenomenon is decades old in the manufacturing sector, it had never touched on white-collar work before.  An interesting collusion of competing principles resulted:  India, having substantially deregulated and privatized its economy, and with a growing cultural emphasis on technology and education, suddenly became attractive as a vast pool of cheap labor.  It is now a growing economic powerhouse in the tech sector; a substantial majority of the world’s programming firms reside there today.  And while this is no doubt a considerable boon to the developing world, it presents another of those market-tilting distortions to those of us living in the United States who earn a living by programming computers.  Now we have to compete on the basis of wages against application developers who can survive at a much lower cost of living than we can.  The unintended consequences of regulation, once again, have unleveled the playing field in a fundamental way.  Clinton, as much as any one technology firm, is responsible for the trend in offshoring.  As such, he bears some responsibility for the intractability of the 2008 recession, by diminishing the number of domestic programming jobs available to unemployed programmers.

So Clinton, like Carter, produced wins and losses, achieving an overall mixed record.  Of all the presidents so far discussed, only Reagan appears to come off without any major losses.  Although he failed to accomplish all of his policy objectives, resulting in the eventual increase in marginal tax rates and the accompanying increase in government spending, there is at least no mismanaged recession, nor any major damage to any economic sector on the order of, say, offshoring.  Volcker’s contractionary Fed induced a sharp recession that the market nonetheless quickly recovered from; had the tax cuts and spending cuts not already been in place, that recession might have proven much more extensive and severe.

There is another example I can bring to bear here:  Vladimir Putin’s tax reforms.  When he took over the office of President of Russia, market reforms were well underway, and private industry was starting to take the reins of the commanding heights.  Like Reagan, he is often credited with successes that were already underway before he stepped into them.  And he actually halted and reversed some reforms, starting a wave of business nationalizations while satisfying personal agendas against politically-irritating entrepreneurs.  But among the first achievements of his tenure was to restore pension payments to retirees, and shortly thereafter got ordinary workers’ payrolls rolling again.  The biggest problem he initially faced was the budget shortfall.  The Russian tax structure was a horrific revenant of the Soviet era, with labyrinthine regulations, punitive marginal tax rates and an exceedingly bloated, inefficient bureaucracy.  Tax evasion was, quite simply, the norm all across Russia, and the sheer number of creaky bureaucratic moving parts made enforcement all but impossible.  The Russian tax agency recorded essentially $0 in collections the year he took over.  Putin’s reforms slashed the size and budget of the agency, dramatically reduced marginal tax rates, and lowered the incentive to evade payment.  And, as had taken place under Andrew Mellon in the United States, collections reflected the reasonability of the new rates, and revenue burgeoned overnight.

The writing team of Daniel Yergin and Joseph Stanislaw wrote in detail of the differences in technique and results between the American and European regulatory models.  Whereas many western nations adopted a welfare state and a socialistic, nationalizing governance structure, the United States opted to maintain industry and government in separate sandboxes, albeit connected via regulation.  Because the models are so different, it’s not possible to obtain one-to-one comparisons between features and results.  But it is possible to evaluate each model’s successes and failures in the context of the predictions of Keynesian and Austrian economic theories.  The Berlin of 1947, the Poland of 1989, and the Russia of 1991 are not the United States of the Stagflation era.  But in each of these cases, some form of Chicago-style shock therapy was employed, and in each case, the economy markedly improved immediately.  There is no feature of Keynesianism, short of sheer bloody coincidence, that can account for this, yet it is predicted exactly by the Austrian and Chicago schools’ theories.  Contrary to the ever-lovin claims of Paul Krugman, there is substantial empirical evidence in favor of their views, and against the view of his hero.  The most convincing argument he’s managed to bring to bear on the success of Reaganomics is that the economy had been in decline for so long that it was due for an expansive correction.  (This disregards the rather phenomenal coincidence of Britain’s Margaret Thatcher enjoying similar success after having employed similar methods.)  Meanwhile, the successes of airline / trucking / railroad deregulation, and the connection between Clinton-era regulations and tech offshoring, appear to have pretty much sealed Keynes’ coffin…it might perhaps be hoped, with Krugman trapped inside, lips extended in perpetual gesture of kissing the fossilized posterior of his progenitor. 

So far, the results of regulation appear vastly underwhelming.  We will hear frequently that abuses or “market failures” have resulted from this act of deregulation or another; we will be told that every natural disaster to occur in the next decade is the fault of corporations who’ve bought government and successfully sought deregulation of their sectors.  I myself have heard that the BP Deepwater Horizon disaster was the result of deregulation of the oil industry.  Deregulation of the single most heavily regulated sector in our entire economy (and not coincidentally, people, the sector with the heaviest representation in the Washington lobby) caused the disaster!  Never mind that the National Committee report of the EPA’s findings in the incident argue exactly the opposite:  that it was regulatory failure—the ineffectiveness of 13 existing regulations—that allowed the incident to take place.  The report specifically blames the ineffectiveness of the EPA and the failure of its regulations to keep pace with technological changes in the energy sector.  It also makes no mention of any deliberate malfeasance on the part of the corporation.  The disaster took place as the perfectly innocent, yet perfectly lethal and destructive, confluence of many individual acts of negligence and unconcern, not as the result of any deliberate attempt to improve the bottom line at the expense of safety.  Among the Key Commission Findings:  “The Commission found that the Deepwater Horizon disaster was foreseeable and preventable.  Errors and misjudgments by three major oil drilling companies—BP, Halliburton, and Transocean—played key roles in the disaster.  Government regulation was ineffective, and failed to keep pace with technology advancements in offshore drilling.”

To be forewarned is to be forearmed.  If you know that the BP disaster was brought about not by deregulation, but by regulatory failure, you can avoid falling prey to the same assumptions that pathological ideologues cannot avoid.  If you know that the Great Depression was caused by government intervention, that the Obama stimulus plan is causing the Great Recession to drag on endlessly, and that the Reagan tax cuts provoked the precipitous expansion of the 80s, then you are heir to enough reason to be able to shrug off the progressives’ propaganda.  But in that case, you also undoubtedly harbor enough reason to be able to grant the occasional exception.  There are some few regulatory efforts that appear to achieve their desired ends without inflicting substantial damage on the economy.  The best measures are those that rely on the market itself, of course; this keeps spurious signals out of the feedback loops, and permits the market a modicum of self-regulation.  The category of regulation to which this model best applies is environmental regulation.  The technique which has produced the best results so far is “cap and trade.”

To understand how this works, we must first familiarize ourselves with externalities.  An externality is an activity performed by one actor that impacts one or more other actors outside of the market’s own mechanisms.  Pollution is an example; it has no economic value, and is essentially a byproduct of all economic activity (including that of ordinary individual households), but its accumulation poses hazards to everybody.  The cap-and-trade system was set up in order to treat this kind of externality as part of the market, and therefore as subject to economic activity.  In the case of atmospheric pollutants that contribute to acid rain, polluters are permitted to trade portions of the maximum allowable level of a pollutant.  The maximum, or “cap,” is the limit mandated by the regulatory body (in this case, the EPA); firms whose activity results in their exceeding their portion of the limit are compelled to purchase additional portions from other firms whose activity puts them below their own limits.  This brings pollution into the fold, so to speak, allowing market mechanisms to allocate it in much the same manner as those same mechanisms allocate resources.  Although there is still enforcement envolved—the “cap”—it isn’t more intrusive or oppressive than ordinary laws against pollution, which impact private citizens to the same degree.  The upshot is that firms are generally willing to work within this framework, as it permits a modicum of normal market activity.  And it has proven effective:  cap-and-trade regulation of nitrous and sulfurous oxide emissions from factories has reduced acid rain and brought about a return to health in many previously-ravaged ecosystems, while not excessively impacting either the operation or the profitability of the regulated firms.
So with all this in mind, we can now revisit the question of whether electrical deregulation has on balance proven to be beneficial or harmful to consumers.  As before, the answer is necessarily “time will tell,” but with the given that the agony of reform is temporary, and that market mechanisms have a way of correcting problems over time.  And, once aware of the pros and cons of regulation and deregulation in any specific context, consumers do still have the option of reinstating regulations, as Virginia has done in the electrical market.  And this brings me to the last of my caveats and warnings about the impact of regulation:  the fact that most regulation is written by unelected officials, behind closed doors, away from public oversight.  The democratic process is supposed to require constant interplay between the representatives and their constituencies.  As I’ve previously pointed out, our modern lobbying structure circumvents this interplay, shifting the relationship from constituency to lobbyist.  A more sinister aspect of this syndrome is the fact that the people we elect to craft our regulation don’t actually do the crafting.  Much regulation is written by organizations such as SEIU, the Service Employees International Union, who had a major hand in the drafting of the Obama health care bill.  This may be a perfectly acceptable situation to many liberals, who trust government implicitly.  It is absolutely horrifying to conservatives and libertarians and pretty much everyone else who regards his vote as going to a specific individual and not to entities who neither campaigned for votes nor face voter repercussions.  The same people who regard the encroachment of corporatism should find this situation onerous and threatening, but they are incredibly accepting of it, considering how unaccepting they are of corporate malfeasance.  There is an incredible disconnect here, one that I’m at pains to explain.  The best I can offer is that people seem remarkably susceptible to propaganda that fits into their worldview.

Still, while electrical rates have risen more than 21% across the board, rates in deregulated states have risen an additional 15% on average.  Electrical deregulation may well prove to be unsustainable and a bad idea for the consumer.  If this turns out to be the case, however, it does not bode ill for deregulation in general; it only demonstrates that sectors involving natural monopolies should remain regulated.  And this is a point that Milton Friedman, et al, have made in their own arguments…and one that Krugman seems perpetually poised to ignore utterly.
Choose your ideological authorities with care.


References


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