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Why do governments intervene in private markets? Why do governments regulate? Imagine no property rights, criminal law, tort law, contract law Imagine only property rights, Security Criminal/tort law, Encourage investment Contract law Encourage innovation Property rights / IP Encourage gains from trade

Why do governments intervene in private markets? Why do governments regulate? Imagine no property rights, criminal law, tort law, contract law Imagine

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Page 1: Why do governments intervene in private markets? Why do governments regulate? Imagine no property rights, criminal law, tort law, contract law Imagine

Why do governments intervene in private markets? Why do governments regulate?

• Imagine no property rights, criminal law, tort law, contract law

• Imagine only property rights, criminal law, tort law, contract law

Security Criminal/tort law,

Encourage investment Contract law

Encourage innovation Property rights / IP

Encourage gains from trade

Page 2: Why do governments intervene in private markets? Why do governments regulate? Imagine no property rights, criminal law, tort law, contract law Imagine

Terminology:

• Pareto optimality (vs. alternatives)

Page 3: Why do governments intervene in private markets? Why do governments regulate? Imagine no property rights, criminal law, tort law, contract law Imagine

Market Failure I: Misuse of Economic Power

• Control of monopoly power

• Unfair competition law

• History

Page 4: Why do governments intervene in private markets? Why do governments regulate? Imagine no property rights, criminal law, tort law, contract law Imagine

Market failure II: Natural Monopoly

• Economies of scale

• Network effects

• Bottleneck industries

Response?

• Public ownership vs. Price / service regulation

What does price / service regulation mean?

Page 5: Why do governments intervene in private markets? Why do governments regulate? Imagine no property rights, criminal law, tort law, contract law Imagine

Market Failure III: information asymmetries

• Economic theory in order to have efficient markets, all participants need reliable information

• E.g., Securities, consumer products

Page 6: Why do governments intervene in private markets? Why do governments regulate? Imagine no property rights, criminal law, tort law, contract law Imagine

Market Failure IV: Providing/maintaining Public Goods

• What are public goods? What distinguishes public goods from other goods?

Page 7: Why do governments intervene in private markets? Why do governments regulate? Imagine no property rights, criminal law, tort law, contract law Imagine

Market Failure IV: Providing/maintaining Public Goods

• What are public goods? What distinguishes public goods from other goods?

• Free to use

• Nonrival consumption

• Tragedy of the commons

Page 8: Why do governments intervene in private markets? Why do governments regulate? Imagine no property rights, criminal law, tort law, contract law Imagine

 

 

PRISONER'S DILEMMAWhether to testify against his partner in crime (“defect”), or to

“cooperate” with his fellow prisoner by remaining silent.    

Prisoner A 

Cooperate Defect Prisoner B

Cooperate | -2, -2 -10, -0  

Defect | -0, -10 -6, -6 

Page 9: Why do governments intervene in private markets? Why do governments regulate? Imagine no property rights, criminal law, tort law, contract law Imagine

 

 

PRISONER'S DILEMMACardinally valued outcomes: 4=best; 1=worst

   COLUMN

 Cooperate Defect

 ROW

Cooperate | 3, 3 1, 4  

Defect | 4, 1 2, 2 

Page 10: Why do governments intervene in private markets? Why do governments regulate? Imagine no property rights, criminal law, tort law, contract law Imagine

Playing the PD game:

• No communication between players

• First game: 10 rounds

• Second game: unknown duration, 5-15 rounds

Is the PD a good metaphor for public goods management, or other types of market failure, in your view?

Page 11: Why do governments intervene in private markets? Why do governments regulate? Imagine no property rights, criminal law, tort law, contract law Imagine

Is the PD a good metaphor for public goods management, or other types of market failure, in your view?

• Rule against communication

• Repeat play issue

• Civil society vs. state of nature: Contract law

• “Leviathan Solution” vs. property rights (Coase Theorem)

Page 12: Why do governments intervene in private markets? Why do governments regulate? Imagine no property rights, criminal law, tort law, contract law Imagine

History of Regulation

• Rise of economic power public ownership / regulatory commissions / competition law. These arose simultaneously in U.S. and elsewhere.

• Populism Progressive Era

• Latin American left-populism

• New Deal securities laws

• Post-WWII consumerism / environmentalism (60s and 70s) – U.S., Canada, Europe

Page 13: Why do governments intervene in private markets? Why do governments regulate? Imagine no property rights, criminal law, tort law, contract law Imagine

Cumulative

# of

laws

1800 1900 2000

Era of the robber barons

Progressive Era

New Deal

Accumulation of Regulatory Statutes

1960s-70s

Page 14: Why do governments intervene in private markets? Why do governments regulate? Imagine no property rights, criminal law, tort law, contract law Imagine

Dangers of Regulatory Accumulation?

• Translating popular preferences into policy outcomes

• Ossification

• Moral hazard

Wednesday: Property rights and political risk; federalism