An enduring myth of regulation

money%20roll.jpgThe New York Times is shocked to discover that big, established businesses often attempt to manipulate governmental regulation to their advantage over entrepreneurial startups. This hidden cost of regulation is one that I noted awhile back in regard to the proposed XM-Sirius merger. Many well-meaning folks — usually those without much experience in business matters — believe that regulation is good for the consumer because most established businesses generally abhor such regulation. However, established businesses typically use a part of their superior resources to manipulate regulation to their advantage and against the threat of beneficial competition from new companies. A big, well-established business can absorb the high cost of regulation and pass it along to the consumer. A thinly-leveraged start-up generally does not have that luxury.
Warren Meyer, who actually confronts this phenomenom as he runs his small business, makes the same point here and provides the following insightful quote on the subject from the late Milton Friedman:

The justification offered is always the same: to protect the consumer. However, the reason is demonstrated by observing who lobbies at the state legislature for the imposition or strengthening of licensure. The lobbyists are invariably representatives of the occupation in question rather than of the customers. True enough, plumbers presumably know better than anyone else what their customers need to be protected against. However, it is hard to regard altruistic concern for their customers as the primary motive behind their determined efforts to get legal power to decide who may be a plumber.

Thom Lambert also chimes in.

One thought on “An enduring myth of regulation

  1. As someone who co-owns a business (and has to do all the paperwork), I definitely understand the difficulty of regulation, HOWEVER, not all regulations are a bad thing. Child labor was once legal. Forced long hours, putting employees in grave danger with no compensation or warning, collusion, price fixing…all were once business practices that required regulation to curb if not eliminate. This is particularly true of industries that are necessary for our ability to work or survive: healthcare immediately springs to mind.
    There has to be some middle ground between a completely free and open market, which allows business to do anything it wants and an over regulated market that squashes competition.

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