Category Archives: Economics

Inflation and the Biden Budget

It is good that the Biden administration is beginning to take inflation seriously. However, there isn’t much that the president and Congress can do about it. Inflation has to do with the money supply, which is the Federal Reserve’s territory. The Biden administration’s tranche of trillion-dollar deficit spending bills will likely contribute a percentage point or so to the inflation rate for the next several years. That is small potatoes compared to the Fed’s runaway money creation, which is responsible for most of the rest of today’s 7.9 percent inflation rate. At least as far as inflation goes, those bills have not been catastrophic. But they have made the Fed’s job more difficult.

Congress and President Biden can make the Fed’s job easier by undoing some of that spending and restraining themselves going forward. President Biden’s proposed budget would not do that.

Its headline item, a 20 percent minimum income tax on the very wealthiest of taxpayers, would likely have no detectable effect on inflation. It would have a small impact on the deficit, while not addressing overspending, which is the deficit’s root cause. Its negative impact on investment would harm economic growth. This would actually increase inflation, though in this case the effect would likely be too small to be detectable.

There is one area where the Biden administration can have some positive effect on inflation. Economic growth is deflationary, an underappreciated fact. The money supply is currently growing faster than economic output—that’s inflation by definition. The goal is to have them grow at the same rate.

There are two ways to do this. One is to slow money supply growth to get it closer to economic output growth, which the Fed is starting to do. The other is to grow the economy faster, so it better matches that fast-growing money supply. Both sides of the equation matter.

Fed policy remains the most powerful inflation-fighting instrument; fiscal policy from the elected branches doesn’t even come close. But economic growth can help fight inflation, too—besides being good for its own sake.

Congress and the Biden administration should loosen never-needed occupational licenses, trade barriers, energy restrictions, financial regulations, permits, and excessive paperwork. The resulting increase in growth would help to ease inflation. It would not be an inflation cure-all. But an extra percentage point or two of growth would make the Fed’s job easier at the margin. More importantly, more growth would save and improve lives.

National Security Rent-Seeking

I am currently re-reading Milton and Rose Friedman’s 1980 book Free to Choose for an economics book club in which I participate. On page 47 is a passage about national security-rationalized corporate welfare that asks the economist’s favorite question: how does this proposal compare to other realistic options?

“Yet in all its pleas for subsidies on national security grounds, the steel industry has never presented cost estimates for alternative ways of providing national security. Until they do, we can be sure the national security argument is a rationalization of industry self-interest, not a valid reason for the subsidies.”

Economics can get highly technical, which is why some people find it intimidating. They shouldn’t. Good economic analysis is often as simple as asking the right questions. Anyone can do it, and more people should give it a try.

Amazon Antitrust Lawsuit Dismissed

Last year, District of Columbia Attorney General Karl Racine filed an antitrust lawsuit against Amazon over its third-party seller program. On Friday, a judge dismissed it. When it was first filed, my colleague Jessica Melugin and I argued that the lawsuit stood on shaky legal ground and would harm consumers if it succeeded.

One reason for the case’s weakness is the amount of competition that Amazon faces in convincing third-party sellers to use its platform:

Other retailers such as Walmart now have their own third-party seller programs that compete with Amazon’s. This is on top of existing online options small sellers can use, such as eBay, Etsy, and Shopify, as well as numerous niche markets, such as Reverb for musical equipment and Newegg for computer products.

Every other state attorney general in the country must have agreed with us, because none of them joined Racine’s lawsuit. That fact that it was a solo act was itself telling about the case’s prospects, as I told Law360.

Despite the dismissal, this isn’t over yet. Reuters reports that Racine’s office is “considering its legal options.” Amazon will likely face other antitrust cases at both the state and federal level. These too will have a tough time in court, but a mix of political ambition and populist ideology means that regulators will likely continue to try.

There are two common legal tests for determining if a company is harming consumers. Can it: a) raise prices or b) restrict supply? Amazon is capable of neither, in part because it commands just 9.2 percent of the total retail market (both brick-and-mortar and online), compared to 9.5 percent for Walmart.

Even in the narrower online commerce market definition, where estimates of Amazon’s market share mostly range from 40 to 50 percent, Walmart and Target are both beefing up their online presence. Most traditional grocery stores now offer online ordering, pickup, and delivery. Smaller local shops are can offer online ordering and delivery through Instacart, Uber, and other platforms. And many producers give customers the option of foregoing retailers altogether by selling direct.

In order to argue that Amazon has a monopoly of any kind, prosecutors would almost certainly have to commit the relevant market fallacy. This is a language game, played by defining a company’s market so narrowly that it appears more dominant on paper than it is in real life. Any market is a monopoly if you define it narrowly enough; the challenge is doing it with a straight face. That is why the original Facebook antitrust complaint was dismissed, and why the revised complaint will also have a tough time in court.

Another tactic is to try to change the rules of the game, as five-year olds often do when they get frustrated. The American Innovation and Choice Online Act, for example, would end the need for prosecutors to define relevant markets at all. There is also a larger push from conservative and progressive populists to end the consumer welfare standard, which holds that big isn’t automatically bad; big must behave badly before it can be punished. If populists get their way, they could win cases in which the defendants have not harmed anyone.

Attorney General Racine’s legal defeat was expected; the only surprise was that it took so long. But this was a minor skirmish in a much larger battle that goes far beyond the big tech bogeymen of the moment.

For more about what is at stake, see Wayne Crews’s and my paper, “The Case against Antitrust Law.”

New Anti-Merger Bill Not Indexed for Inflation

Yesterday, I wrote about four problems with Sen. Elizabeth Warren (D-MA) and Rep. Mondaire Jones (D-NY)’s new antitrust bill, the Prohibiting Anti-Competitive Mergers Act. There is a fifth problem: Its $5 billion threshold for automatically rejecting mergers is not indexed for inflation.

That is important. If inflation continues at its current 7.9 percent annual rate, the $5 billion threshold would fall to $4.6 billion in current dollars after just one year. Even if inflation gets back under control relatively quickly, this “bracket creep” effect would, after a few years, increasingly affect mergers outside of Sen. Warren and Rep. James’ big tech targets. Maybe this is by design, and maybe it isn’t. Either way, it’s bad policy.

Mission creep is a serious problem in antitrust policy, as I also pointed out earlier this week in a letter to a conservative state attorney general who wants to use antitrust enforcement to punish progressive political advocacy. Antitrust policy is supposed to be about competition.

The neo-Brandeisian movement that inspired the Warren-Jones bill also wants to expand antitrust regulation. Its advocates see it as a way to address economic inequality, democracy, and climate change, among other competition-unrelated issues.

This new bill, advertised at targeting big tech companies, would, after a few years of even moderate inflation, make that kind of mission creep inevitable. It would affect industries with low levels of market concentration and little to do with today’s tech bugbears. And it would have a chilling effect across the economy on new innovations and new ways to find lower prices for consumers.

New Antitrust Merger Bill Is Fatally Flawed

There is yet another antitrust bill in Congress. The Prohibiting Anticompetitive Mergers Act, sponsored by Sen. Elizabeth Warren (D-MA) and Rep. Mondaire Jones (D-NY), seeks to prevent big tech mergers larger than $5 billion. While companies could appeal this automatic denial in court, they would have to prove the Federal Trade Commission, the Justice Department, or both acted in an “arbitrary and capricious” manner in denying a merger. That is an uphill climb that stacks the deck against companies, and may dissuade many from even trying.

Additionally, it would empower regulators to retroactively undo completed mergers if they result in the merged entity having a market share over 50 percent at some point in the future.

There are several problems with the bill. First, it might not stay on the books for long if it passes, because the U.S. Constitution prohibits ex post facto laws. Unwinding past mergers that were legal at the time they were approved almost certainly qualifies as ex post facto, and courts are unlikely to look favorably on any unwinding attempts if they are met with legal challenges.

Second, the 50 percent market share threshold for enforcement is arbitrary. Fifty percent of which market? Regulators are free to define that as narrowly as they choose. As I’ve noted before, any market can be a monopoly if you define it narrowly enough. The relevant market fallacy is already too common in antitrust. This bill would be an open invitation for regulators to abuse it even further. This is another area where regulators frequently run into trouble in court.

Third, good policy is predictable and stable. The Prohibiting Anticompetitive Mergers Act would be neither. Companies and investors need to be able to plan ahead to bring new innovations or pursue new ways to lower prices. If they try something only to have it undone by regulators after the fact, why even bother? This chilling effect is one of antitrust policy’s most significant costs, and it is often unseen.

Fourth, not everything is an antitrust issue. There is a reason so many startups seek to be acquired by big tech companies: overly burdensome financial regulations. The Sarbanes-Oxley and Dodd-Frank laws make it difficult for growing companies to raise capital on their own or go public. It is often easier for a startup to sell out to a bigger company that already has those resources in-house. If Sen. Warren and Rep. Jones want fewer big tech acquisitions, they should make financial regulations more reasonable, so smaller firms can get the capital they need while staying independent.

Those are just the start of the Prohibiting Anticompetitive Mergers Act’s problems. It is unlikely to pass, since Sen. Amy Klobuchar (D-MN) and Rep. David Cicilline (D-RI), two of Congress’ most powerful antitrust voices, conspicuously declined to support it. Even if it is more of a statement bill than a serious proposal, it is still important to nip it in the bud. There are better ways to make the economy more competitive.

In Order to Counter Inflation, Federal Reserve Should End Bond Buying Spree

This press release was originally posted at cei.org.

The Federal Reserve announced today it would raise benchmark interest rates by a quarter percentage point with the aim of counteracting the effects of inflation.

CEI Senior Fellow Ryan Young said:

“Inflation happens when the money supply grows faster than real economic output. The wider the gap, the higher the inflation rate. The Fed has by far the most control over the money supply, so fighting inflation is on its shoulders far more than on Congress or President Biden’s.

“The Fed should have started acting months ago to stem inflation. And it needs to take more action than raising the federal funds rate by a quarter of a percentage point. Its massive bond buying program is finally due to wind down this month, which has directly added several trillion dollars to the money supply. This has had more impact than its interest rate policy, which affects the money supply only indirectly.

“The Fed can ease fears of further inflation by credibly committing not to embark on another bond-buying spree, and continuing to raise the federal funds rate throughout the year. Inflation expectations play a role in how companies set their prices, so easing these fears by itself can help keep prices in check. Congress and President Biden can also help fight inflation by spending less. This would make life easier for both the Fed and taxpayers.”

Related:

Correcting a Couple of Inflation Whoppers

Over at National Review’s Capital Matters site, I have a piece pointing out that today’s high gas prices aren’t caused by inflation. They’re caused by a supply shock due largely to Putin’s unprovoked war with Ukraine. The reason is that inflation has to do with money supply, and supply shocks do not:

The increase in gasoline prices far exceeded the overall inflation rate. According to the St. Louis Federal Reserve’s FRED database, the average nationwide gas price was $3.37 per gallon at the end of January. On March 7, it was $4.10—a 22 percent increase. In February, the consumer price index for all goods, which includes gasoline, increased by 0.8 percent.

While the Fed can control the money supply, it cannot do anything about supply shocks. But that isn’t the only whopper making the rounds right now. Gas prices did not, as widely reported, set new record highs last week:

GasBuddy said on March 7 that gas prices would likely set an all-time high on March 8, but did not adjust for inflation. Students know to do this, but some professionals apparently do not. CNBC and The Hillreported GasBuddy’s numbers without pointing this out. USA Today mentions the error, but then carries on as if it didn’t matter. It does.

Going back to the FRED database, before now, the highest recorded nominal (not inflation-adjusted) gas price was $4.12 per gallon, in July 2008. Using the Minneapolis Fed’s handy inflation calculator, that would be $5.19 in 2021 dollars. With the inflation observed so far in 2022, it would be equivalent to $5.23 today.

Read the whole piece here.

Antitrust Is Political

Antitrust regulation is just as politicized as other forms of regulation. Arizona attorney general Mark Brnovich’s just-announced investigation into investors whose politics he doesn’t like is just the latest example, as I point out in a letter that ran in yesterday’s Wall Street Journal:

Arizona Attorney General Mark Brnovich has opened an antitrust investigation into investment funds centered around environmental, social and governance (ESG) goals. He argues that they are financing a coordinated political agenda (“ESG May Be an Antitrust Violation,” op-ed, March 7). First Amendment concerns and the heavy legal lift of proving collusion aside, this investigation is wrongheaded for two reasons.

First, two wrongs don’t make a right. Mr. Brnovich is right that many ESG funds are politicized. But the remedy is not antitrust enforcement, which itself is politicized—not to mention slow, ineffective, and prone to regulatory capture.

Second, it is unwise to give new ideas to the Federal Trade Commission’s Lina Khan, Sens. Josh Hawley and Amy Klobuchar, and others looking to expand antitrust regulation. Antitrust mission creep has already crept too far.

Ryan Young

Competitive Enterprise Institute

Washington

The letter is here. Brnovich’s original column is here.

Inflation Sets Another 40-Year High: Relief Is in Sight, with Caveats

Inflation set a new 40-year high in February. The Consumer Price Index (CPI) increased by 0.8 percent in February, which annualizes to 7.9 percent. This is up from January’s 7.5 percent, compared to the Fed’s 2 percent target. That was roughly what was expected. The Fed made no policy changes in February and the U.S. economy stayed on the same trajectory, while Vladimir Putin’s unprovoked Ukraine invasion of Ukraine sent oil prices skyrocketing. That alone counts for about a third of the increase.

That said, there are two bits of good news—kind of. The first is that in March, the Fed is finally expected to end its bond-buying program and begin raising the federal funds rate. They should have done that months ago, but better late than never. Once taken, these actions will slow money supply growth—especially ending the bond-buying program, which intentionally creates new money out of thin air. Since the Fed’s expected actions will take time to work through the economy, they will probably not show up very much in March’s numbers when those come out on April 12. There are other factors in inflation, but the Fed policy component is by far the biggest, and it is likely about to turn the corner.

The second bit of kind-of-good news is that part of the CPI’s February increase isn’t actually from inflation. Putin’s war has caused oil prices to skyrocket, and energy accounts for 7.5 percent of the CPI. The spike is enough to account for a third of the February CPI’s increase from January. Supply shocks are not inflation, since they have nothing to do with the money supply. Inflation happens when the money supply grows faster than real economic output. The current price spike, which is hopefully temporary, doesn’t have a thing to do with the amount of currency floating around. It isn’t inflation.

This non-inflation noise from supply shocks is one reason why the Fed stopped using CPI years ago. It instead uses the Personal Consumption Expenditure (PCE) index. The media continues to mostly use CPI, possibly because it typically comes in at a higher number and is more volatile, thus allowing for juicier news stories. Lawyers continue to use CPI in most contracts that contain inflation adjustments, as do government agencies when indexing salaries and penalties, which is why the Fed continues to calculate CPI.

Another way to adjust for supply shock effects is to use the Core CPI statistic, which removes volatile energy and food prices from the CPI basket of goods, but is otherwise identical. This less volatile number better captures how much prices increases are due to inflation, rather than to changes in supply and demand. These are very different things, though it can be difficult to tell which is which.

Going forward, the Fed should concentrate on getting the money supply back in sync with economic output. It should ignore the oil price shock, which is out of its control. Congress and President Biden can help reduce oil prices by repealing the Jones Act, which makes shipping domestic oil more expensive, and by removing obstacles to increasing the domestic supply. Russia accounts for about 1/30th of U.S. oil imports, which isn’t nothing, but also isn’t decisive. More liberal policies can help absorb some of the shock. But politically tempting illiberal policies, such as price controls and antitrust actions against energy producers, will only make things worse.

The New Office Normal

What is the best workplace model for employers to follow as COVID-19 (hopefully) continues to wind down? In an Inside Sources op-ed currently being syndicated, I argue that there isn’t a single best model. Employers and regulators both need to be ready to continuously adapt:

Moreover, people’s needs for flexibility will outlast COVID. Someone with small children or who is caring for elderly family members might be unable to work traditional office hours. But they can do gig work on a flexible schedule if they want to.

But it’s not all upside. We found out the hard way that remote education works poorly. Many jobs can only be done on-site, from manufacturing to haircutting. For much of the economy, the traditional commuting model isn’t changing anytime soon.

What should policymakers do? Be as flexible as possible. Let workers experiment. Let employers make mistakes and learn from them, at their own expense. Loosen burdensome zoning and occupational licensing rules. Avoid policies like California’s gig worker law, which put thousands of independent contractors out of work before the major parts of the measure were repealed via ballot initiative.

Read the whole thing here.