Economics of Regulation and Antitrust, 5e
by Viscusi, Jr., Sappington
ISBN: 9780262364355 | Copyright 2018
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Contents (pg. v) | |
Preface to the Fifth Edition (pg. xxi) | |
Organization of the Book (pg. xxiv) | |
Suggested Course Outlines (pg. xxvi) | |
Acknowledgments (pg. xxix) | |
1. Introduction (pg. 1) | |
The Rationale for Regulation and Antitrust Policies (pg. 3) | |
Antitrust Regulation (pg. 4) | |
The Changing Character of Antitrust Issues (pg. 4) | |
Reasoning behind Antitrust Regulations (pg. 5) | |
Economic Regulation (pg. 6) | |
Development of Economic Regulation (pg. 6) | |
Factors in Setting Rate Regulations (pg. 6) | |
Health, Safety, and Environmental Regulation (pg. 8) | |
Role of the Courts (pg. 9) | |
Criteria for Assessment (pg. 9) | |
Questions and Problems (pg. 11) | |
Recommended Reading (pg. 11) | |
Appendix (pg. 12) | |
2. The Making of a Regulation (pg. 15) | |
State versus Federal Regulation: The Federalism Debate (pg. 16) | |
Advantages of Federalism (pg. 17) | |
Advantages of National Regulations (pg. 18) | |
Product Labeling Example (pg. 19) | |
Overlap of State and Federal Regulations (pg. 20) | |
The Character of the Rulemaking Process (pg. 21) | |
Chronology of New Regulations (pg. 21) | |
Nature of the Regulatory Oversight Process (pg. 25) | |
The Nixon and Ford Administrations (pg. 26) | |
The Carter Administration (pg. 27) | |
The Reagan Administration (pg. 29) | |
The Bush Administration (pg. 30) | |
The Clinton Administration (pg. 30) | |
The George W. Bush Administration (pg. 30) | |
The Obama Administration (pg. 30) | |
The Trump Administration (pg. 31) | |
Regulatory Reform Legislation (pg. 32) | |
Benefit-Cost Analysis (pg. 34) | |
Discounting Deferred Effects (pg. 37) | |
Present Value (pg. 37) | |
The Criteria Applied in the Oversight Process (pg. 40) | |
Regulatory Success Stories (pg. 40) | |
Promotion of Cost-Effective Regulation (pg. 40) | |
Distortion of Benefit and Cost Estimates (pg. 41) | |
Regulatory Role of Price and Quality (pg. 42) | |
Impact of the Oversight Process (pg. 43) | |
Alternative Measures of the Scale of Regulation (pg. 47) | |
The Character of Regulatory Oversight Actions (pg. 50) | |
Trends in Major Regulations (pg. 43) | |
The Costs and Benefits of Major Regulations (pg. 44) | |
Judicial Review of Regulatory Impact Analyses (pg. 52) | |
What Do Regulators Maximize? (pg. 53) | |
Capture Theory (pg. 54) | |
Other Theories of Influence Patterns (pg. 54) | |
Comprehensive Models of Regulatory Objectives (pg. 55) | |
Conclusion (pg. 56) | |
Questions and Problems (pg. 56) | |
Appendix (pg. 57) | |
Trends in Regulatory Agency Budgets and Staff (pg. 57) | |
I. Antitrust (pg. 65) | |
3. Introduction to Antitrust (pg. 67) | |
Competition and Welfare (pg. 68) | |
Industrial Organization (pg. 88) | |
Antitrust (pg. 96) | |
Summary of the Chapter and Overview of Part I (pg. 108) | |
Questions and Problems (pg. 109) | |
Appendix: Excerpts from Antitrust Statutes (pg. 111) | |
4. Oligopoly, Collusion, and Antitrust (pg. 115) | |
Game Theory (pg. 115) | |
Oligopoly Theory (pg. 119) | |
Collusion (pg. 130) | |
Antitrust Law and Enforcement with Respect to Price Fixing (pg. 153) | |
Summary (pg. 167) | |
Questions and Problems (pg. 168) | |
Appendix (pg. 171) | |
5. Market Structure and Dynamic Competition (pg. 173) | |
Market Structure (pg. 173) | |
Dynamic Competition (pg. 192) | |
Summary (pg. 209) | |
Questions and Problems (pg. 210) | |
6. Horizontal Mergers (pg. 213) | |
Antitrust Laws and Merger Trends (pg. 214) | |
The Effects of Horizontal Mergers (pg. 217) | |
Merger Law and Enforcement (pg. 232) | |
Summary (pg. 255) | |
Questions and Problems (pg. 256) | |
7. Vertical Mergers and Vertical Restraints (pg. 259) | |
Vertical Mergers (pg. 260) | |
Vertical Restraints (pg. 284) | |
Summary (pg. 320) | |
Questions and Problems (pg. 321) | |
8. Monopolization and Price Discrimination (pg. 323) | |
Establishing Monopolization Claims (pg. 324) | |
Development of Antitrust Case Law (pg. 328) | |
Predatory Pricing (pg. 334) | |
Refusal to Deal and the Essential Facilities Doctrine (pg. 351) | |
Price Discrimination and the Robinson-Patman Act (pg. 365) | |
Summary (pg. 372) | |
Questions and Problems (pg. 373) | |
9. Antitrust in the New Economy (pg. 375) | |
Economic Fundamentals of the New Economy (pg. 375) | |
Antitrust Issues in the New Economy (pg. 379) | |
Network Effects (pg. 383) | |
Big Data (pg. 399) | |
Two-Sided Platforms (pg. 404) | |
Industries with Rapid and Disruptive Innovation (pg. 419) | |
Summary (pg. 427) | |
Questions and Problems (pg. 429) | |
II. Economic Regulation (pg. 433) | |
10. Introduction to Economic Regulation (pg. 435) | |
What Is Economic Regulation? (pg. 435) | |
Brief History of Economic Regulation (pg. 442) | |
The Regulatory Process (pg. 449) | |
Theory of Regulation (pg. 453) | |
Summary and Overview of Part II (pg. 473) | |
Appendix (pg. 474) | |
Questions and Problems (pg. 476) | |
11. Alternatives to Regulation in the Market: Public Enterprise and Franchise Bidding, with an Application to Cable Television (pg. 479) | |
Public Enterprise (pg. 479) | |
Early Regulation of Cable Television (pg. 492) | |
Cable Television as a Natural Monopoly (pg. 494) | |
Franchising Process (pg. 498) | |
The Limits of Government Regulation (pg. 507) | |
Summary (pg. 508) | |
Questions and Problems (pg. 509) | |
12. Optimal Pricing (pg. 511) | |
Subadditivity and Multiproduct Monopoly (pg. 511) | |
Optimal Pricing Policies (pg. 516) | |
Optimal Pricing of a Single Service (pg. 516) | |
Linear Pricing (pg. 516) | |
Nonlinear Pricing (pg. 519) | |
Optimal Pricing of Multiple Services (pg. 522) | |
Ramsey Pricing (pg. 523) | |
Non-Ramsey Pricing of Telephone Services (pg. 525) | |
Optimal Pricing in Two-Sided Markets (pg. 526) | |
Rate Structure (pg. 528) | |
FDC Pricing (pg. 528) | |
Avoiding Inefficient Entry (pg. 530) | |
Time of Use Pricing (pg. 531) | |
Costs of Power Production (pg. 531) | |
TOU Pricing Model (pg. 532) | |
Summary (pg. 537) | |
Questions and Problems (pg. 537) | |
13. Incentive Regulation (pg. 539) | |
Traditional Rate of Return Regulation (pg. 539) | |
Rate Hearings (pg. 540) | |
Averch-Johnson Effect (pg. 541) | |
Prudence Reviews and Cost Disallowances (pg. 544) | |
Regulatory Lag (pg. 545) | |
Incentive Regulation (pg. 546) | |
Price Cap Regulation (pg. 546) | |
Earnings Sharing (pg. 550) | |
Performance Based Regulation in the Electricity Sector (pg. 553) | |
Regulatory Options (pg. 555) | |
Yardstick Regulation (pg. 556) | |
Summary (pg. 557) | |
Questions and Problems (pg. 558) | |
14. Dynamic Issues in Natural Monopoly Regulation: Telecommunications (pg. 561) | |
Basis for Natural Monopoly Regulation (pg. 561) | |
Sources of Natural Monopoly Transformation (pg. 564) | |
Demand Side (pg. 564) | |
Cost Side (pg. 564) | |
Regulatory Response (pg. 567) | |
Asymmetric Regulation and Cream-Skimming (pg. 568) | |
Interstate Telecommunications Market (pg. 570) | |
Regulatory Background (pg. 570) | |
Transformation of a Natural Monopoly (pg. 571) | |
Regulatory Policy in the Microwave Era (pg. 574) | |
Regulated Monopoly to Regulated Competition (pg. 576) | |
Regulated Competition to Unregulated Competition (pg. 577) | |
Telecommunications Act of 1996 (pg. 578) | |
Net Neutrality (pg. 581) | |
Internet Structure (pg. 582) | |
The Meaning of Net Neutrality (pg. 584) | |
Rationale for Net Neutrality (pg. 585) | |
Summary (pg. 588) | |
Questions and Problems (pg. 588) | |
15. Regulation of Potentially Competitive Markets: Theory and Estimation Methods (pg. 591) | |
Theory of Price and Entry/Exit Regulation (pg. 591) | |
Direct Effects of Price and Entry/Exit Regulation: The Competitive Model (pg. 591) | |
Direct Effects of Price and Entry/Exit Regulation: The Imperfectly Competitive Model (pg. 595) | |
Indirect Effects of Price and Entry Regulation (pg. 598) | |
Indirect Effects of Price and Exit Regulation (pg. 601) | |
Regulation and Innovation (pg. 602) | |
Methods for Estimating the Effects of Regulation (pg. 604) | |
Overview of Estimation Methods (pg. 605) | |
Intertemporal Approach (pg. 605) | |
Intermarket Approach (pg. 607) | |
Counterfactual Approach (pg. 610) | |
Measuring the Effects of Price and Entry Restrictions: Taxicab Regulation (pg. 614) | |
Regulatory History (pg. 614) | |
Entry Restrictions (pg. 615) | |
Value of a Medallion (pg. 616) | |
The Rise of Ride Sharing (pg. 617) | |
Summary (pg. 622) | |
Questions and Problems (pg. 623) | |
16. Economic Regulation of Transportation: Surface Freight and Airlines (pg. 625) | |
Transportation Industry (pg. 625) | |
Surface Freight Transportation (pg. 627) | |
Regulatory History (pg. 627) | |
Why Was Regulation Imposed? (pg. 629) | |
Regulatory Practices (pg. 630) | |
Effects of Regulation (pg. 632) | |
Lessons from Regulation (pg. 641) | |
Airlines (pg. 642) | |
Regulatory History (pg. 643) | |
Description of Regulatory Practices (pg. 644) | |
Effects of Regulation (pg. 646) | |
Competition and Antitrust Policy after Deregulation (pg. 656) | |
Measuring Concentration in the Airline Industry (pg. 657) | |
Anticompetitive Nonprice Practices (pg. 657) | |
Anticompetitive Pricing Practices (pg. 659) | |
Lessons from Regulation and Deregulation (pg. 665) | |
Summary (pg. 666) | |
Questions and Problems (pg. 667) | |
17. Economic Regulation in the Energy Sector (pg. 669) | |
Regulation in the Electricity Sector (pg. 669) | |
Historical, Technological, and Regulatory Background (pg. 669) | |
Restructuring in California (pg. 671) | |
California Energy Crisis, 2000–2001 (pg. 673) | |
Effects of Restructuring in the Electricity Sector (pg. 678) | |
Distributed Generation (pg. 680) | |
Future Regulation in the Electricity Sector (pg. 683) | |
Economic Regulation in the Oil Sector (pg. 683) | |
Industry Background (pg. 683) | |
Effects of Price Ceilings (pg. 684) | |
Rationale for Restricting Domestic Oil Production (pg. 687) | |
Restricting Oil Imports (pg. 692) | |
Crude Oil Price Controls (pg. 694) | |
Summary (pg. 697) | |
Questions and Problems (pg. 698) | |
18. Regulation in the Financial Sector (pg. 699) | |
Role of the Financial Sector (pg. 699) | |
Rationale for Regulation in the Financial Sector (pg. 701) | |
Bank Runs (pg. 702) | |
Bank Runs in Practice (pg. 702) | |
Government Intervention and Regulation (pg. 703) | |
Deposit Insurance (pg. 703) | |
Restrictions on Banks’ Investments (pg. 705) | |
Reserve Requirements (pg. 705) | |
Limiting Competition among Banks (pg. 705) | |
Ongoing Monitoring of Bank Activities (pg. 706) | |
Historic Legislation in the Financial Sector (pg. 706) | |
Federal Reserve Act of 1913 (pg. 706) | |
Banking Acts of 1933 (Glass-Steagall) and 1935 (pg. 706) | |
Gramm-Leach-Bliley Act of 1999 (pg. 707) | |
Depository Institutions Deregulation and Monetary Control Act of 1980 (pg. 707) | |
Securities and Exchange Act of 1934 (pg. 707) | |
Sarbanes-Oxley Act of 2002 (pg. 708) | |
Causes of the Great Recession (pg. 709) | |
Rising Housing Prices (pg. 709) | |
The Bubble Bursts (pg. 711) | |
Crisis in the Financial Sector (pg. 713) | |
Regulatory Reform: The Dodd-Frank Act of 2010 (pg. 714) | |
Limiting Systemic Risk to Avoid Future Financial Shocks (pg. 715) | |
Banking Reform (pg. 715) | |
Ending Bailouts of Firms That Are “Too Big to Fail” (pg. 715) | |
Reducing Risks Posed by Securities (pg. 716) | |
New Requirements and Oversight of Securities Rating Agencies (pg. 716) | |
Increased Transparency and Accountability in Securities Markets (pg. 716) | |
Summary (pg. 717) | |
Questions and Problems (pg. 717) | |
III. Health, Safety, and Environmental Regulation (pg. 719) | |
21. Environmental Regulation (pg. 771) | |
The Coase Theorem for Externalities (pg. 772) | |
The Coase Theorem as a Bargaining Game (pg. 773) | |
Pollution Example (pg. 774) | |
Long-Run Efficiency Concerns (pg. 776) | |
Transaction Costs and Other Problems (pg. 776) | |
Smoking Externalities (pg. 777) | |
Special Features of Environmental Contexts (pg. 780) | |
Siting Nuclear Wastes (pg. 781) | |
Selecting the Optimal Policy: Standards versus Fines (pg. 783) | |
Setting the Pollution Tax (pg. 784) | |
Role of Heterogeneity (pg. 786) | |
Standard Setting under Uncertainty (pg. 787) | |
Pollution Taxes (pg. 789) | |
Prices versus Quantities (pg. 790) | |
Market Trading Policies (pg. 792) | |
Netting (pg. 793) | |
Offsets (pg. 793) | |
Bubbles (pg. 793) | |
Banking (pg. 794) | |
The Expanding Role of Market Approaches (pg. 794) | |
Cap and Trade in Action: The SO2 Allowance Trading System (pg. 795) | |
Global Warming and Irreversible Environmental Effects (pg. 797) | |
Policy Options for Addressing Global Warming (pg. 799) | |
Social Cost of Carbon (pg. 800) | |
Assessing the Merits of Global Warming Policies (pg. 801) | |
How Should We React to Uncertainty? (pg. 803) | |
Multiperson Decisions and Group Externalities (pg. 804) | |
The Prisoner’s Dilemma (pg. 805) | |
The N-PersonPrisoner’s Dilemma (pg. 805) | |
Applications of the Prisoner’s Dilemma (pg. 806) | |
Enforcement and Performance of Environmental Regulation (pg. 807) | |
Enforcement Options and Consequences (pg. 807) | |
Hazardous Wastes (pg. 809) | |
Contingent Valuation for the Exxon Valdez Oil Spill (pg. 812) | |
Senior Discount for the Value of a Statistical Life (pg. 815) | |
Evaluating Performance (pg. 817) | |
Summary (pg. 817) | |
Questions and Problems (pg. 819) | |
20. Valuing Life and Other Nonmonetary Benefits (pg. 743) | |
Policy Evaluation Principles (pg. 744) | |
Willingness-to-Pay versus Other Approaches (pg. 746) | |
Variations in the Value of a Statistical Life (pg. 749) | |
Labor Market Model (pg. 751) | |
Empirical Estimates of the Value of a Statistical Life (pg. 756) | |
Value of Risks to Life for Regulatory Policies (pg. 757) | |
Survey Approaches to Valuing Policy Effects (pg. 763) | |
Sensitivity Analysis and Cost Effectiveness (pg. 765) | |
Risk-Risk Analysis (pg. 767) | |
Summary (pg. 769) | |
Questions and Problems (pg. 769) | |
19. Introduction to Health, Safety, and Environmental Regulation (pg. 721) | |
The Emergence of Health, Safety, and Environmental Regulation (pg. 721) | |
Risk in Perspective (pg. 722) | |
Infeasibility of a No-Risk Society (pg. 725) | |
Policy Evaluation (pg. 731) | |
Summary and Overview of Part III (pg. 739) | |
Questions and Problems (pg. 741) | |
Recommended Reading (pg. 742) | |
22. Product Safety (pg. 823) | |
Emergence of Product Safety Regulations (pg. 823) | |
Current Safety Decisions (pg. 824) | |
Consumer Complaints (pg. 825) | |
Factors Affecting Producer and Consumer Actions (pg. 825) | |
Product Performance and Consumer Actions (pg. 826) | |
Changing Emphasis of Product Regulation (pg. 826) | |
Premanufacturing Screening: The Case of Pharmaceuticals (pg. 827) | |
Weighing the Significance of Side Effects (pg. 829) | |
Drug Approval Strategies (pg. 830) | |
Accelerated Drug Approval Process (pg. 831) | |
Behavioral Response to Product Safety Regulation (pg. 833) | |
Consumer’s Potential for Muting Safety Device Benefits (pg. 835) | |
The Lulling Effect (pg. 837) | |
Effect of Consumer’s Perception of Safety Device Efficacy (pg. 839) | |
Costs of Product Safety Regulation: The Automobile Industry Case (pg. 840) | |
Trends in Motor Vehicle and Home Accident Deaths (pg. 844) | |
Accident Rate Influences (pg. 844) | |
The Decline of Accident Rates (pg. 845) | |
The Rise of Product Liability (pg. 846) | |
Negligence Standard (pg. 848) | |
Strict Liability Standard (pg. 849) | |
Tracing Accident Costs and Causes (pg. 849) | |
The Ford Pinto Case (pg. 849) | |
Escalation of Damages (pg. 851) | |
Risk Information and Hazard Warnings (pg. 853) | |
Self-Certificationof Safe Products (pg. 854) | |
Government Determination of Safety (pg. 854) | |
Alternatives to Direct Command and Control Regulation (pg. 856) | |
Regulation through Litigation (pg. 858) | |
Breast Implant Litigation and Regulation (pg. 858) | |
Summary (pg. 861) | |
Questions and Problems (pg. 862) | |
23. Regulation of Workplace Health and Safety (pg. 865) | |
Potential for Inefficiencies (pg. 867) | |
How Markets Can Promote Safety (pg. 868) | |
Compensating Wage Differential Theory (pg. 869) | |
Risk Information (pg. 871) | |
On-the-Job Experience and Worker Quit Rates (pg. 873) | |
Inadequacies in the Market (pg. 874) | |
Informational Problems and Irrationalities (pg. 874) | |
Segmented Markets and the Failure of Compensating Differentials (pg. 875) | |
Externalities (pg. 877) | |
OSHA’s Regulatory Approach (pg. 877) | |
Setting OSHA Standard Levels (pg. 878) | |
The Nature of OSHA Standards (pg. 880) | |
Reform of OSHA Standards (pg. 882) | |
Regulatory Reform Initiatives (pg. 882) | |
Changes in OSHA Standards (pg. 882) | |
Chemical Labeling (pg. 883) | |
Economic Role of Hazard Warnings (pg. 883) | |
Effective Hazard Warnings (pg. 885) | |
Innovations in OSHA Regulation (pg. 885) | |
OSHA’s Enforcement Strategy (pg. 886) | |
Inspection Policies (pg. 887) | |
Trivial Violations (pg. 888) | |
OSHA Penalties (pg. 888) | |
Enforcement Targeting (pg. 889) | |
Impact of OSHA Enforcement on Worker Safety (pg. 891) | |
OSHA Regulations in Different Situations (pg. 892) | |
OSHA and Other Factors Affecting Injuries (pg. 893) | |
Determining OSHA’s Impact on Safety (pg. 896) | |
Mixed Opinions Regarding OSHA’s Impact (pg. 898) | |
Role of Workers’ Compensation (pg. 900) | |
Summary (pg. 902) | |
Questions and Problems (pg. 904) | |
24. Behavioral Economics and Regulatory Policy (pg. 905) | |
Prospect Theory: Loss Aversion and Reference Dependence Effects (pg. 906) | |
Prospect Theory: Irrationality and Biases in Risk Perception (pg. 911) | |
Role of Risk Ambiguity (pg. 915) | |
Examples of Uncertainty and Conservatism (pg. 916) | |
Intertemporal Irrationalities (pg. 917) | |
Energy Regulations and the Energy Efficiency Gap (pg. 919) | |
Making Decisions (pg. 923) | |
Behavioral Nudges (pg. 925) | |
The Behavioral Transfer Test (pg. 932) | |
Summary (pg. 933) | |
Questions and Problems (pg. 935) | |
Index (pg. 937) |
W. Kip Viscusi
W. Kip Viscusi is the George G. Allen Professor of Economics at Duke University.
Joseph E. Harrington Jr.
David E. M. Sappington
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