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What is regulation?
Any attempt by a gov to control the behavior of individuals, companies, or other governments. Regulations restrict choice sets.
Taxes/subsidies try to establish incentives via the pricing mechanism
Why do we regulate?
To correct market failures, promote efficiency (maximize benefits relative to cost)
Regulations ask if we value benefits to consumers more than producers
Politics
Change the distribution of welfare (regulations aimed at helping certain groups)
Pros of Federal Regulation
Economies of scale for firms: cheaper for firms, uniform/consistency so firms don’t have different processes of approval per state
Prevent race to the bottom
ex) 2 states, no safety standards, one keeps reducing regulations so they get more firm business
Problems may cross state/local lines (externalities)
Expertise: fed budget is a lot larger than a state/local budget
Interest group capture: at a local level, interest groups can influence more & capture regulators
Pros of state/local regulation
Heterogeneity of costs/benefits
Diversity/preferences (easier to tailor preferences to smaller areas)
Allows people to vote with their feet (people can move around and vote in accordance with their beliefs around regulations)
Cost-Benefit
Benefit-cost ratio should be greater than 1 or equal to 1
Want to maximize the difference total cost and total benefits
Capture Theory & What Regulators Maximize
In theory: National interest subject to legislative mandates
Capture Theory: Regulatory agency is captured by economic interests that it serves
What are 3 key antitrust laws?
Sherman Act, Clayton Act, FTC Act
Sherman Act (1890)
Motivation: widespread growth in “trusts” in 1800s
Section 1: Prohibits contracts, combinations, conspiracies in restraint of trade
Section 2: Prohibits monopolization, attempts/conspiracies to monopolize
Summary: No acting like a monopoly
Clayton Act (1914)
Dealing with price discrimination, mergers, vertical restraints (different supply chain contracts), interlocking directorates (same people in board of directors for both firms)
Creates system for approving mergers
All mergers illegal if they substantially lessen competition or create a monopoly
If 2 firms want to merge, they need to submit a request
Summary: A framework for mergers and acquisitions
Federal Trade Commission Act (1914)
Unfair methods of competition are unlawful
Created Federal Trade Commission (FTC)
Summary: unfair methods of competition & creates FTC
What agencies enforce Antitrust?
Department of Justice (DOJ)
Brings criminal and civil enforcement actions
Federal Trade Commission (FTC)
both investigatory & adjudicative functions, brings civil enforcement actions
What are some antitrust enforcement tools?
Block mergers
Fines
Criminal penalties
Structural remedies (divestiture)
Explain the Principal/Agent Problem
Principal Owner/Shareholders → Agent Manager
Manager now looks after their own incentives as opposed to yours (the principal owner)
Principal hires agent, agent makes $ and sends back to manager/company, but now the agent has access to the company (leverage)
Explain Perfect Competition
Firms make zero profit, free entry/exit, all information is readily available to consumers, there are no externalities, homogenous products, many buyers/sellers, firms have same technology
Supply = MC, Demand = MB
Maximizes total surplus
A competitive equilibrium is pareto optimal
Price Controls & Effects & Calculations to Know
Price ceilings (binding vs. non-binding)
Shortages
Welfare Effects of Price Controls
Consumer Surplus (top triangle)
Producer Surplus (bottom triangle)
Deadweight loss
Efficiency vs. equity
Calculations
Solve for equilibrium price & quantity (MC=MD), compute welfare
3 theories for why regulation exist
normative analysis as a positive theory
capture theory
economic theory of regulation
Normative Analysis as a Positive Theory
regulation exists to correct market failures
policymakers act in the best interest of society
normative analysis (when should regulation occur) —> positive theory (when does regulation occur)
Critiques:
what is the mechanism?
lacks empirical evidence
Capture Theory
Regulators may be influenced/captured by firms
Regulation can protect industry profits
Empirical evidence shows regulation favors firms
Critiques
regulations impacts many interest groups (consumers, workers, and industry) so why does the industry “capture” regulators/legislators?
empirical irregularities that do not align with the theory
Economic Theory of Regulation
explains how regulation improves the welfare of interest groups in different industries
States why regulations occur: 1) the government has the power to coerce and redistribute wealth 2) politicians and interest groups maximize utility
The implications of this: 1) politicians pass laws to maximize political support or reelection probability 2) interest groups trade political support for favorable legislation
What is economic regulation?
government intervention that limits or directs firm behavior in a particular industry
it aims to influence market outcomes
4 main instruments of regulation
price controls
quantity controls
entry and exit restrictions
control of other variables
Natural Monopoly
A market structure where one firm can supply the entire market at a lower cost than multiple firms
cost structure makes one firm efficient
differs from a standard monopoly, which have market power due to barriers to entry
When do natural monopolies arise?
large fixed costs
economies of scale over the entire relevant output range
duplication of infrastructure would be inefficient
Unregulated Natural Monopoly
firms set output where MR=MC
price determined from demand curve
price exceeds marginal cost
deadweight loss relative to efficient outcome
What does an unregulated natural monopoly graph look like

Natural Monopoly Pricing: Allocative Efficiency
Output where P=MC
The consumers’ willingness to pay equals marginal cost
No deadweight loss
Graph: s=mc, d=mb → intersection is allocatively efficient (market)
Natural Monopoly Pricing: Productive Efficiency
production at the lowest possible average total cost
occurs at minimum point of ATC
Graph: ATC curve and intersection of MC → productive efficiency
Typical Natural Monopoly
High fixed cost
Low constant MC
Temporary Natural Monopoly
Economies of scale are eventually exhausted
on graph: demand curve shifts out

Permanent Natural Monopoly
Economies of scale over any level of output
Graph?
Marginal Cost Pricing
Regulators sets P=MC
Achieves allocative efficiency
Problems:
firms may incur losses if ATC > MC
firms may exit the industry
Average Cost Pricing
Regulator sets P=ATC
Firm breaks even
problems:
not allocatively efficient (P>MC)
firms may inflate costs
Two-Part Tariff
per-unit price equal to marginal cost
fixed fee covers fixed costs
can be more efficient and cost-effective
fixed fee
constant price per unit of consumption
Consumers pay: F + PQ
f= fixed fee, p=price, q=quantity
Pricing Trade-Off: Marginal Cost Pricing vs Pricing-Trade Off
Marginal Cost Pricing:
efficient
financial losses
Average Cost Pricing:
financially sustainable
deadweight loss
Franchise Bidding & Intended Benefits & Potential Drawbacks
Government auctions the right to serve the market
Firms bid what price they could deliver the service for
Intended Benefits:
competitive bidding drives price toward cost
do not need cost information
transfers surplus to consumers
Drawbacks:
need to know consumer preferences (does the consumer value service quality)
franchise may try to provide low-quality goods
graph example:

ENERGY & ELECTRICITY MARKETS
ENERGY & ELECTRICITY MARKETS
4 Phases of Electricity Supply
Generation
Transmission
Distribution
Retail
Historical Structure of Energy/Electricity Markets
Natural monopoly structure
Each region has one vertically integrated firm that handles all functions
state-level Rate-of-Return Regulation
Energy/Electricity Markets: Why unbundle?
limited economies of scope → generation vs. distribution
The Public Utilities Regulatory Policy Act of 1978: PURPA
“qualifying facilities” can sell power to utilities
1996 FERC Order 888
Transmission = common carrier → interconnection
interconnection → vertical unbundling → more competition
common carriers must provide service to those willing to pay (in return, firms often receive regulated monopoly privileges)
Traditional Rate-of-Return Regulation
it is the practical implication of average cost pricing
set prices such that P=AC, so the firm is making zero economic profit (this includes the opportunity cost of capital)
economic cost = explicit cost + implicit cost
implicit costs are the opportunity costs of the firm’s resources
in practice firms set prices such that: Revenue=operating expenses + s x Rate Base
Rate base = the value of a firm’s capital
s is the allowed rate of return on capital
Problems with RORR
accounting cost reimbursement → no incentive to minimize cost
if s is too large → firm uses too much capital
Averch-Johnson Effect
Occurs when the allowed return is greater than the true cost of capital
Causes incentive to overinvest in capital
Overcapitalization
Regulatory Lag
Prices fixed for period
Cost reductions → temporary profits (welfare goes up w/ increase in PS)
creates efficiency incentive
mispricing over time
What are 3 types of incentives regulations?
Price Cap Regulation (PCR)
Earnings Sharing
Yardstick Regulation
Price Cap Regulation
Prices set based on forecasted costs
firm keeps cost savings
stronger efficiency incentives
More Advantages:
price flexibility → helps minimize industry costs by ensuring customers are served by the least cost supplier
Disadvantages:
can result in wide variation of earnings
can reduce a firms incentive to deliver high quality services
Earnings Sharing
Cost savings are shared between the consumer and monopoly
Lower prices for consumers
Firms allowed to keep profits
More advantages:
Allows regulators to avoid especially high and particularly low earnings
Disadvantages:
reduces incentives for major cost reductions
Yardstick Regulation
Set as a goal for the performance of other firms → compares the firm’s performance against similar or competing firms operating in separate market or regions
incentive to lower cost and keep profits
provides incentive for forms to operate efficiently by avoiding linking a firm’s authorized price to it’s costs
Disadvantage: doesn’t account for the fact that not all firms operate under the same circumstances
Multiproduct Natural Monopoly
C(X+Y) < C(X) + C(Y)
economies of scope
common cost allocation problem
Fully Distributed Cost
allocate common cost across products
where Pi = ACi
often an arbitrary allocation rule
What are ramsey prices?
Optimally set prices to minimize the aggregate DWL
Higher prices for the more inelastic good
Cross Market Subsidization
determining if one market is paying more than its share
stand alone cost test
average incremental cost test → what is the additional cost of Good X when good Y has already been produced?
Good is produced subsidy free if Px is greater than or equal to the average incremental cost of x
Time of Use Pricing
Different price for the same service based