Category Archives: Economics

Justice Department Should Drop Apple Lawsuit

The Justice Department sued Apple and five major publishers this morning over their e-book pricing policies. Under their current contracts, a book’s publisher sets the price, and Apple gets 30 percent of the revenues. DoJ believes this is collusion. In a CEI press release, Wayne Crews and I explain why the lawsuit is a mistake, and should be dropped. Here’s Wayne:

“The complaint against Apple seems to be that collusion and smoke-filled rooms paved the way to a deal by which Apple gets a 30 percent cut of the publishers’ e-books sold for Apple devices, while other vendors are forbidden from selling below that pre-specified price. Such ordinary business deals, you see, involve a now-disparaged free market instrument called a ‘contract.’

“This arrangement appears to have been a normal response to Amazon’s deep discounts of e-books below physical book prices. DoJ’s solution is presumably to stop free enterprise, and allow Amazon to dominate e-books? Now, thanks to DoJ getting involved, competitors need not respond to to Apple and the publishers to better serve consumers and shareholders.”

And here’s my take:

“Given Amazon’s much larger share of the e-book market, Apple is hardly in a position to price its products uncompetitively. If consumers feel overcharged, they can easily give their business to Amazon or Barnes & Noble instead – possibly by using Apple’s own products!

“Five years ago, the e-book market didn’t even exist. Now it has a variety of competitors, each of whom are trying out new, different, and evolving business models. Consumers are much better positioned to reward good pricing models and punish bad ones than are Justice Department attorneys.

“This lawsuit is further evidence of how poorly smokestack-era antitrust policies fit our information age economy. E-book manufacturers and publishers are trying and discarding different business models at a fast rate as they figure out what works and what doesn’t. By the time the wheels of justice slowly creak to a verdict, Apple, Penguin, Simon & Schuster, and the other defendants will have long since moved on to some other pricing policy. The Justice Department should admit its mistake and drop the lawsuit.”

Wayne also has more to say in his latest Forbes column.

Sources of Economic Error

George Mason University economist Peter Boettke has a new working paper out that not only tells Economics in One Lesson author Henry Hazlitt’s life story, but goes into great detail about the ongoing tension between pure academics and public intellectuals. Here’s how Boettke describes Hazlitt’s view on why so many people favor bad economic policies. In a prescient anticipation of public choice theory, sometimes it’s on purpose:

[P]ersistent error haunts economic reasoning not only due to the intellectual shortcomings of men. The problem of the special pleading of interest groups in economic affairs means that the inherent intellectual limitations of man are multiplied a thousand times over in the discipline of economics as opposed to physics, mathematics or medicine. Interest groups rely on fallacies to agitate for policies that benefit them at the expense of others.

Peter Boettke, “The Public Intellectual as Economist: The Case of Henry Hazlitt (1894-1993),” p.22.

CEI Podcast for April 5, 2012: The Export-Import Bank


Have a listen here.

Every year, Washington spends more than $90 billion on corporate welfare – giving taxpayer dollars to private businesses. The Export-Import Bank is one of the most flagrant corporate welfare programs. A vote to reauthorize it recently failed both Houses of Congress, but will likely come up again soon. Vice President for Strategy Iain Murray thinks the Export-Import Bank should become an ex-bank.

Public Choice: A Primer


The good folks at the London-based Institute for Economic Affairs have just released an excellent book by Eammon Butler, Public Choice: A Primer. You can order a copy or download a free PDF version at this link. Public choice is essentially applying the economic way of thinking to politics; a volume in the collected works ofpublic choice founding father Gordon Tullock is even titled The Economics of Politics.

Most economics is about private decision-making by individuals or firms. Politicians, regulators, and voters make much more public choices, hence the name of the field. Many people think that politicians and regulators are different from other people. Instead of acting selfishly, they act in the public interest. Public choice depends on the controversial claim that people are people; government acts selfishly, too.

Politicians want to be re-elected. Bureaucrats want to enlarge their mission and budget, and to get that next promotion. These very human concerns affect the decisions they make and how they do their jobs. In short, just as there is market failure, there is government failure. That’s why Butler’s new primer should be required reading for everyone who works on Capitol Hill. If it doesn’t cause a wave of resignations, staffers would at least have a more realistic perception of how their colleagues behave, as well as the people who vote for them.

Other good public choice primers include William Mitchell’s Beyond Politics and Gordon Tullock, Arthur Seldon, and Gordon Brady’s Government Failure (free PDF)

Understanding Spontaneous Order

Spontaneous order is one of the most important concepts in the social sciences, and also one of the most maligned. It’s most closely associated with Hayek, but it has roots going back to at least the 18th century English and Scottish Enlightenments. Thinkers like Bernard Mandeville, Edmund Burke, Adam Smith, and David Hume all used some kind of spontaneous order framework. They knew that not every design requires a designer.

Nobody designed languages, for example. They emerge and continually evolve on their own, with nobody deliberately directing the process. The economy is also a spontaneous order, even though most people think it has to be be consciously directed. Nobody is in charge of food distribution for New York or Paris, and yet those great, farmless cities are still fed every day. It’s an everyday miracle if you think about it.

The reason that a lot of non-economists are skeptical or unaware of spontaneous order is that it’s a difficult concept for the human brain to comprehend. We’re not wired to.

Back in our hunter-gatherer days, the traits that evolutionary biologist Michael Shermer calls patternicity and agenticity had a great survival advantage. Find a pattern in everything, and know that some agent is probably behind it. There’s a rustle in the bush. A hungry tiger must be causing that rustle. Run. Hide. Survive.

Even if most rustles are false alarms, people with strong patternicity and agenticity tended to outlive their fellows who didn’t. We are their descendants, and our brains haven’t changed to match our new surroundings.We think that there are patterns and agents behind everything, even though there aren’t, really. We’re still looking for that tiger, but he isn’t there anymore.

To this day, a lot of people think the president runs the economy. His policies do have some effect, but literally he runs very little. The global economy has so many variables, so many nooks and crannies of specialized, dispersed local knowledge, that even if a president were to try and take charge of the economy, he simply couldn’t. The result is that presidents, like quarterbacks, get far too much credit when times are good, and far too much blame when times are bad. Patternicity and agenticity strike again.

Hayek has a well-deserved reputation as a poor prose stylist. But he did come up with a very clear way to explain how spontaneous orders can emerge in everyday life:

The way in which footpaths are formed is such an instance. At first everyone will seek for himself what seems to him the best path.  But the fact that such a path has been used once is likely to make it easier to traverse and therefore more likely to be used again; and thus gradually more and more clearly defined tracks arise and come to be used to the exclusion of other possible ways. Human movements through the region come to conform to a definite pattern which, although the result of deliberate decisions of many people, has yet not been concsiously designed by anyone.

-F.A. Hayek, The Counter-Revolution of Science: Studies on the Abuse of Reason, pp. 70-71.

And when a regulator comes along and tries to design a straighter, more orderly path, the results will rarely be what he intends. In a way, you can blame his hubris on tigers.

The Surest Way to Win Is Not to Play

There’s been a lot of hubbub in the news lately about an enormous lottery jackpot. My advice to people is to save their money. Don’t play. Suppose you buy up every single possible ticket, guaranteeing a jackpot. Even though you win, you still lose. Lotteries keep about 30 to 35 percent of the proceeds, so you’re guaranteed to lose that much money, plus whatever taxes you pay. That’s why state lotteries have slogans such as “Supporting Virginia’s public schools.”

If you’re still the gambling type, go to a casino. Most of their games only have a 5 to 10 percent built-in house advantage. The government made it illegal for anyone besides the government to conduct a lottery because the house advantage for lotteries is 30 percent or more. It is by far the worst way to gamble.

This is not a new insight. As Adam Smith put it back in 1776 (previously posted here):

There is not, however, a more certain proposition in mathematics, than that the more tickets you adventure upon, the more likely you are to be a loser. Adventure upon all the tickets in the lottery, and you lose for certain; and the greater the number of your tickets the nearer you approach to this certainty.

(Adam Smith, An Inquiry into the Nature and Causes of the Wealth of Nations, 124-25.)

Funding Government by the Minute

Antony Davies has a creative way to explain the deficit in a new Learn Liberty video. Last year, the government took in $2.2 trillion. It spent about $3.8 trillion, or $434 million per hour. At that rate, $2.2 trillion is enough to fund the government from January to the end of July.

Abolishing NASA, the entire U.S. military, all federal funding for police and fire protection, courts, prisons, education, transportation, shuttering Congress and the White House, and a whole lot more besides only gets us to December 16.

In other words, if the only remaining federal spending was on Social Security, Medicare, Medicaid, and debt interest, we still wouldn’t have a balanced budget.

The lesson is that the government should stop making promises that the laws of mathematics won’t allow it to keep.

Click here if the embedded video doesn’t work.

No to Broccoli Mandate, Yes to Health Insurance Mandate?


I was looking over the latest Reason-Rupe poll and found something strange: 87 percent of people think a federal broccoli mandate would be unconstitutional, while 62 percent think a health insurance mandate would be unconstitutional. That’s a 25 percent difference even though the basic principle is exactly the same. These two mandates were compared during this week’s Supreme Court oral arguments on the health care bill.

Over at the Daily Caller, I go over some possible explanations for the different results and conclude:

Public opinion has precisely nothing to do with whether a policy is a good idea or not; anyone who thinks otherwise would do well to read Shirley Jackson’s short story “The Lottery.” But since I think that government should not have the power to mandate that people buy certain products — think of the lobbying and rent-seeking by companies that stand to benefit! — it is heartening that the majority of Americans think the same way as I do about broccoli. And, to a lesser extent, health insurance.

More importantly, we’ll soon find out how the Supreme Court polls on the broccoli mandate issue. Er, health insurance mandate. Same principle.

Read the whole thing here.

Twenty Years without Hayek


F.A. Hayek died twenty years ago today. In his long career – his first book was published in 1929, his last in 1988 – he made important contributions to economics, philosophy, and even psychology. He even won a Nobel Prize along the way.

If there is a unifying theme to Hayek’s diverse body of work, it is an emphasis on intellectual humility. He was a dogged opponent of capital-C Certainty, and was always quick to remind would-be social engineers that there are limits to their knowledge. The unintended consequences of their grand plans are somewhat less limited.

Hayek’s grandfather was a professor of natural science, and his father was a doctor who moonlighted in botany. As happens to many boys growing up in scientifically-minded households, the young Hayek was fascinated with evolution. This would profoundly influence his economic thought when he grew up, especially his concept of spontaneous order.

Human language, Wikipedia, and the economy are all examples of spontaneous order. Designs, even complicated ones, don’t always require a designer. Just as the process of natural selection allows species to adapt to their environment over time without someone planning it all, nobody invented the English language. Nobody directed its evolution from Shakespeare to text messages. Jimmy Wales, partially inspired by Hayek, created the Wikipedia website. But he certainly didn’t direct its army of contributors beyond a few basic ground rules, which themselves spontaneously evolved.

And as the 20th century showed, nobody can plan a national economy without severe unintended consequences.

That’s why one of Hayek’s most famous quotes is, “The curious task of economics is to demonstrate to men how little they really know about what they imagine they can design.” It’s a fancy of way of telling his fellow economists to please be humble.

Hayek first gained fame for his business cycle theories. He joined the London School of Economics in 1931, just as Keynes was rocketing to fame. The men became close friends, but their ideas were rather different. Keynes thought the way out of the Great Depression was investment. Since the private sector wasn’t investing enough to grow the economy, the solution was an expertly designed policy of inflation, lower interest rates, and public investment projects – stimulus.

Hayek counseled humility instead. Economies are so complicated, and so dynamic, that no expert on earth can accurately foresee unintended consequences. When experts tinker with interest rates, they change peoples’ behavior. They’ll invest in one thing instead of another, and nobody can quite predict how. When prices are distorted, peoples’ decision-making is distorted with it.

When people can’t accurately determine the highest-valued uses for their resources, the result is malinvestment. Too much investment in housing leads to too little investment in other areas that create more value. This does much to explain why the housing crisis is doing so much damage today.

Their friendly debate was the talk of the profession. Politicians almost universally sided with Keynes because he counseled them to do things they already wanted to do anyway; politics is not a humble profession. Most economists did, too. The discipline was becoming ever more quantitative, and economists were becoming more and more confident in their ability to precisely direct an economy. They were falling for the fatal conceit.

Hayek’s most popular book, The Road to Serfdom, was written in a barn in England during World War II. The London School of Economics temporarily moved out of London to avoid the blitz. Hayek’s new office was less than glamorous, but at least it was safe. The basic message is that economic intervention doesn’t work, and the usual political reaction to these failures is more intervention. Travel down this road long enough, and the result is a total state, or something close to it. The people will wake up one day to find that they have lost their freedom.

Hayek’s critics, and even many of his supporters, forget that Hayek thought that the road to serfdom is a two-way street. An intervention here and there does not, therefore, mean the end of civilization. But people must be eternally vigilant to make sure interventions don’t metastasize.

In the 1950s, Hayek turned his attention elsewhere. Seeing economists’ still-growing scientific pretensions, he published a book on methodology, The Counter-Revolution of Science, in 1952. In it, he calls this new science-fetish “scientism,” and once again counsels humility. Economics has scientific aspects, but it is not a pure science the way that physics or chemistry is. Economists forget this at our peril.

Economies, and the millions of humans who participate in them, are so complex, so fickle, and so unpredictable, that even the most rigorous multivariate regression analysis is unlikely to actually reflect real world conditions. Economists work with models, which are necessarily simplifications. They can’t account for every relevant factor. What’s more, economic plans based on flawed data are likely to be flawed themselves. There’s a knowledge problem here.

Hayek also published The Sensory Order in 1952, which remains widely cited in the psychological literature – an impressive feat, considering that psychology departments tend not to be bastions of free-market Hayekians. Drawing on his belief that human cognitive capabilities are less than perfect, the book outlines Hayek’s theory of how the mind processes and filters information that the senses send to it.

Whereas The Road to Serfdom was mainly negative in outlook, Hayek spent his later years writing more positive works. If Serfdom is about what should not be, 1960’s The Constitution of Liberty is about what should be. Think of it as Hayek’s answer to Plato’s Republic or Thomas More’s Utopia. It also contains his famous essay “Why I Am Not a Conservative,” which you can read online here.

In the 1970s, he would expand on this vision in the three-volume Law, Legislation, and Liberty. Hayek saw a world of difference between law and legislation. People often use the words interchangeably, but they are not the same. To avoid confusion, Hayek turned to Greek and borrowed the words metis and legis.

Metis is essentially social custom. It evolves as a spontaneous order, and adapts over time to changing circumstances; natural selection operates in the social sphere, not just in nature. Examples of metis include what is considered rude or polite, how one does business, and how a society is structured. The point is that they evolve bottom-up, and are deeply ingrained in society’s fabric.

Legis is where we get the English word legislation. These are top-down edicts from legislators. When they mesh well with already-existing metis – as with property rights protections – legis tends to work quite well, and can even enhance metis. But when it oversteps its bounds, as often happens in the hands of experts who believe they know better than the rest of us, the result is failure. Law is stronger than any piece of legislation.

Hayek capped his career with what is probably his most approachable book, The Fatal Conceit. It’s as good a summation of his life’s work as one will find. Given spontaneous order, the importance of metis over legis, and the knowledge problem, people who still arrogantly believe their grand plans will work without unintended consequences have fallen for the fatal conceit.

As always, the underlying theme is humility. Twenty years after Hayek’s death at age 92, that message is as important as ever.

CEI Podcast for March 15, 2012: T. Boone Pickens Amendment Fails


Have a listen here.

The Senate this week voted down a highway bill amendment that would massively financially benefit natural gas mogul T. Boone Pickens. Senior Fellow Marlo Lewis explains why the Senate did the right thing, and why Washington shouldn’t be in the business of picking winners and losers in the energy marketplace.