In: Economics
How does the U.S. economy compare with other market capitalist economies with respect to its degree of industrial concentration and the nature of its antitrust policies?
The U.S. government policy towards business was summarized by
the French term laissez-faire-- "leave it alone." The idea came
from the economic theories of Adam Smith, the 18th-century Scot
whose works greatly affected the growth of American industrialism.
Smith believed that private interests ought to have free rein. As
long as markets were totally free and competitive, he stated, the
actions of personal individuals, encouraged by self-interest, would
interact for the greater good of society. Smith did favor some
forms of government intervention, generally to develop the ground
rules totally free business. It was his advocacy of laissez-faire
practices that earned him prefer in America, a nation constructed
on faith in the individual and mistrust of authority.
Laissez-faire practices have actually not prevented private
interests from turning to the federal government for help on many
events. Railroad companies accepted grants of land and public aids
in the 19th century. Industries dealing with strong competitors
from abroad have long appealed for defenses through trade policy.
American farming, nearly completely in private hands, has taken
advantage of government assistance. Many other markets also have
actually looked for and gotten aid ranging from tax breaks to
straight-out aids from the federal government.
Government guidelines of the personal market can be divided into 2
classifications-- economic policy and social policy. Financial
regulation seeks, primarily, to control rates. Developed in theory
to protect consumers and specific companies (typically small
businesses) from more effective companies, it often is justified on
the grounds that totally competitive market conditions do not exist
and therefore can not supply such protections themselves. In a lot
of cases, nevertheless, economic regulations were developed to
safeguard the business from what they referred to as devastating
competitors with each other. Social regulation, on the other hand,
promotes objectives that are not financial-- such as more secure
workplaces or a cleaner environment. Social policies look for to
prevent or restrict hazardous business habits or to motivate
behavior deemed socially desirable. The government manages
smokestack emissions from factories, for example, and it offers tax
breaks to the business that provide their employee's health and
retirement benefits that satisfy specific requirements.
American history has actually seen the pendulum swing consistently
between laissez-faire principles and demands for government
regulation of both types. For the last 25 years, liberals and
conservatives alike have sought to reduce or eliminate some
classifications of the financial guidelines, concurring that the
regulations incorrectly safeguarded business from competition at
the cost of consumers. Political leaders have actually had much
sharper differences over the social guidelines. Liberals have
actually been much more most likely to favor federal government
intervention that promotes a variety of non-economic goals, while
conservatives have been most likely to see it as an invasion that
makes services less competitive and less efficient.
the United States Steel Corporation, which managed the majority
of all the steel production in the United States, was implicated in
being a monopoly. Legal action against the corporation dragged on
up until 1920 when, in a landmark choice, the Supreme Court ruled
that U.S. Steel was not a monopoly since it did not engage in
"unreasonable" restraint of trade. The court drew a careful
distinction between bigness and monopoly and suggested that
corporate bigness is not necessarily bad.
The federal government has continued to pursue antitrust
prosecutions given that World War II. The Federal Trade Commission
and the Antitrust Division of the Justice Department expect
prospective monopolies or act to prevent mergers that threaten to
decrease competition so badly that customers could suffer. Four
cases show the scope of these efforts:
In 1945, in a case including the Aluminum Company of America, a
federal appeals court thought about how big a market share a
company could hold before it must be scrutinized for monopolistic
practices. The court decided on 90 percent, keeping in mind "it is
doubtful whether sixty or sixty-five percent would suffice, and
definitely thirty-three percent is not."
In 1961, a variety of companies in the electrical devices market
were condemned to fixing prices in restraint of competition. The
companies accepted pay substantial damages to customers, and some
business executives went to jail.
In 1963, the U.S. Supreme Court held that a mix of companies with
large market shares could be presumed to be anti-competitive. The
case included the Philadelphia National Bank. The court ruled that
if a merger would cause a company to manage an undue share of the
marketplace, and if there was no evidence the merger would not be
hazardous, then the merger could not take place.
In 1997, a federal court concluded that despite the fact that
selling is normally unconcentrated, certain retailers such as
office supply "superstores" compete in unique financial markets. In
those markets, the merger of 2 substantial firms would be
anti-competitive, the court said. The case involved an office
supply business, Staples, and a building supply company, Home
Depot. The planned merger was dropped.
As these examples demonstrate, it is not constantly simple to
define when a violation of antitrust laws occurs. Analyses of the
laws have differed, and experts typically disagree in examining
whether companies have actually gotten a lot of power that they can
disrupt the functions of the market. What's more, conditions
change, and business arrangements that appear to present antitrust
threats in one era might appear less threatening in another