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Monopolies In America

Last edited October, 2003, Last reviewed September 2007

Amazingly enough, the subject of monopolies remains one of the most misunderstood economic questions even today.  Economists, especially those of the Austrian school of thinking such as Ludwig Von Mises, have long since dispelled the myths around the subject.  (Rather than reinvent the wheel here, it is suggested that the reader see some of the material in the "recommended reading" section of this website.)  Apparently their work has not yet found acceptance in mainstream understanding.  Today it is not oil barons or railroad tycoons who are lightning rods of anti-monopoly (read: anti-capitalist) sentiment, but rather technology mavens in software, hardware, or communications that are struck with the brunt of societal anger and jealousy.  Bill Gates of Microsoft is clearly the devil incarnate, if you believe our government and the competitors of his organization.  For those interested in a rational understanding of the question of monopolies, let's have a quick review of past economic thought and then let's apply that information to the present day.

When speaking of monopolies, the threat expressed is that of a single organization with enough market power to raise prices for their products essentially at will.  In other words, a monopoly is said to have complete or nearly complete control over the price of their product due to a dominant position in their market.  Such an organization can raise their prices without seeing a fall-off in consumer demand.  By contrast, an organization in a competitive market selling at a competitive price would see a fall-off in demand should they raise prices.  Consumers would quickly realize that they could have the same product or a comparable equivalent for less.  In the explanation of modern college textbooks, dominant monopoly positions are said to occur from natural or monetary barriers of entry, from exclusive ownership of resources, from patents, from government intervention, or various other explanations.  Some of these explanations are true; some are myth.  In any case, our American labyrinth of antitrust law was developed in response to the perceived threat of monopolists that would supposedly wreak havoc if left free in the market place.  They would damage consumers and would-be competitors through "predatory" pricing and thereby make inordinate profits.

The Austrian school of economists, the Chicago school of economists and others have shown clearly that the only genuine threat is from monopolies created by government intervention.  That is, when a government steps into a market place and grants a special privilege to a single organization or small group of organizations to be the sole entity in that market, the market is distorted to a degree that does cause damage in both the short and long term.  Such damage can be in the form of high product prices, reduced technological innovation, or even lower wages for certain individuals.  Examples of government-created monopolies include the former "Ma-Bell" AT&T, power companies, television cable companies, and perhaps the best example today: labor unions.  Aside from these government-created monopolies, is there any danger from a single entity with very high market share?  Having very high market share does not mean that an organization can raise prices at will, at least over the long term.  If prices become too steep, consumers will look for another producer or another comparable product to suit their need.  If profits of a single entity begin to rise dramatically over the long term, other producers will step into the market place, producers of equivalent products will market their goods to the same consumers, or inventors and venture capitalists will find a way to create a new competing technology.  An entity in a free market attempting to raise prices past a competitive point will soon find new competition and lower sales.  In fact, the only way an entity in a free market can sustain a very large market share over the long term is by low prices, technological innovation, or special perceived value by consumers.  Is such a monopoly actually a problem?

One argument for accepting government regulation of markets is that there are "natural" monopolies that would run rampant over consumers if not controlled.  A favorite example is the electric power company.  There can only be one set of power lines through town, it is argued, for it would be prohibitively expensive and ugly to run multiple sets of power lines through every main street USA.  Given that, power companies are said to be natural monopolies that must be regulated so that they do not use their advantage of power line ownership in order to overcharge consumers.  A recent "innovation" by the government is to allow the separation of transmission line markets and power producing markets to foster consumer choice.  Both markets are still tightly regulated, of course.  This natural monopoly argument is false.  The argument depends on the belief in a static market place in which no innovation will ever take place.  Of course, if the regulations are allowed to stand, such a thing may come true.  Freed from government intervention and allowed to make profits, there are many producers who might offer alternative forms of electrical power for use by consumers and businesses.  For example, solar power, wind power and fuel cells are three current technologies capable of creating enough power for an individual home or farm, a large business, or a small town or county without the use of existing transmission lines.  They will not run Manhattan as of yet, but they do not need to in order to have the effect of keeping prices competitive in a truly free electric market.  In the short term, it might well be that an electric company would raise prices in a free market.  Over the long term, however, such extra profit is the incentive for other producers to create innovations in service.  For a society to advance, profits are the motivation for innovation and efficiency.  Even in the darkest days of the Soviet Union, technology advanced due either to replication of Western technology or to the profit motive of individual scientists and engineers who received for themselves and their families the extra pay and benefits, unique opportunities, and special recognition reserved for the successful elite. 

The "trust-busting" efforts of our government are sometimes aimed, ironically, at the very monopolies that the government itself created through market intervention in the form of licenses, tariffs, and other laws!  When the government broke up "Ma-Bell", the fact that it was a government regulated and government protected entity was largely ignored.  The telephone system was considered a "natural monopoly" and, as such, was tightly controlled by the government.  In the beginning of the telephone era, there was competition for phone service, but it was quickly squashed in favor of intervention for the "public interest".  While many still pine for the simple days of having one phone company, some thorny questions remain.  Left open to competition, would phone service have advanced sooner in technology or would prices have come down lower?  If prices remained high, would that have spurred faster adoption of wireless technology or some other technology we've yet to see?  We will never know.  Even now, the market is not de-regulated; it is differently regulated.  There is not a free market for telephone service today, there is a complicated regulation scheme supposedly designed to avoid monopolistic behavior and encourage competition.  Yet, how can we encourage competition by stopping competition?  In the case of telephone service, even alternative technology such as wireless, satellite and internet telephony is regulated.  What competition that does exist occurs by slipping through the cracks of government bureaucracy too inefficient to catch it.  Who knows what service is really possible or what price is available on a truly free market?

For a plain example of how individuals can be hurt or unduly rewarded by a government-created monopoly, look no further than your local labor union.  Through the National Labor Relations Act and other federal labor laws that award organized unions their coercive monopoly as the sole collective bargaining agent for their members, the government has created little monsters within the labor market that have, in many cases, raised prices (the wages of their captive members) until consumers are harmed, businesses are made uncompetitive or bankrupt, and union members are paid without regard to performance.  Since workers are given no legal choice but to submit to their union and accept its representation, and since in many cases workers are forced to finance their union through payroll deductions, it is easy to see why unions qualify as a government-created monopoly.  Such a monopoly can force unionized companies to pay wages that make it uncompetitive with other producers due to higher costs and therefore more expensive in the pricing of its products.  Sometimes tariffs and other protective measures in the market place distort the market even further and allow the unionized company to continue paying higher wages than otherwise would be without losing market share.  The automobile industry has lessons in this regard, as does the steel industry.  In such a case only the consumers lose.  Furthermore, some individuals who might be sub-standard employees are paid more than they would be in a free market, and some individuals who might be outstanding employees are paid less than they would be in a free market.  Government-created monopolies are truly "bad" monopolies because they truly have a stranglehold on some aspect of the market.  That stranglehold can only exist, though, through the intervention of the government.  Without a government to grant and protect the special privilege, the monopoly collapses under its own weight.

Why, then, if only government monopolies are a true threat, does antitrust law persist and supposed bad monopolistic behavior still threaten consumers?  A look at a very recent example will give some clues.  The Department of Justice took action based on the Sherman Antitrust Act against Microsoft Corporation in 1999 stating that:

"The plaintiffs charge, in essence, that Microsoft has waged an unlawful campaign in defense of its monopoly position in the market for operating systems designed to run on Intel-compatible personal computers ("PCs"). Specifically, the plaintiffs contend that Microsoft violated §2 of the Sherman Act by engaging in a series of exclusionary, anticompetitive, and predatory acts to maintain its monopoly power. They also assert that Microsoft attempted, albeit unsuccessfully to date, to monopolize the Web browser market, likewise in violation of §2. Finally, they contend that certain steps taken by Microsoft as part of its campaign to protect its monopoly power, namely tying its browser to its operating system and entering into exclusive dealing arrangements, violated § 1 of the Act."

For anyone who is intellectually honest and who is familiar with the computer market, this civil action was nonsense.  Like the famous TV commercial in which an old woman questions, "Where's the beef?", intellectually honest people asked "Where's the harm?".  Where is the supposed harm to consumers by Microsoft?  A short history is in order to understand this case.

Microsoft produces operating systems for a specific type of personal computer using Intel processors, general office software for these same and other types of personal computers, and a number of other software products.  The personal computer market was created in large part by the efforts of Microsoft to popularize PCs and their resulting efficiency and innovative new processes for businesses and individuals.  At one time computers were the strictly the domain of large corporations who ran centralized processing units called mainframes with hundreds or thousands of "dumb" terminals communicating with the central unit.  Minicomputers came later and allowed medium sized organizations some of the same benefits.  When personal computers first appeared, the nascent market was full of promise and new potential.  Some PCs ran an operating system called CP/M and supported exciting new applications such as the LOTUS 123 spreadsheet.  Others ran the DOS operating system marketed at various times by IBM or Microsoft.  Commodore computer and some others provided operating systems based on the BASIC computer language.  Over time the producers of all this software came to realize that user-friendliness would be the key to selling more product.  The average Joe couldn't be bothered with arcane commands.  Microsoft, at this point in ownership of the DOS operating system previously controlled by IBM, continued to add features to the software, but that was not enough.

Over a period of a few years, two competing systems became the market leaders in providing a user-friendly personal computing experience: Apple computers and computers running the new Microsoft Windows operating system.  The Apple Macintosh computer quickly took over market share in schools and in art or graphics oriented businesses.  The same company produced the computer software and hardware, it worked together elegantly, and it gave a user experience like nothing before.  Microsoft played catch-up.  Its first versions of Windows were clunky and they required the base DOS operating system to work.  Not until its third major release did the Windows product catch on with any certainty.  Unlike Apple, Microsoft did not produce the PC hardware and it was therefore required to enlist the support of manufacturers to sell more software.  Microsoft made in-roads into the business market place and soon offered networking support in its operating system so that businesses could connect personal computers to other computers, especially to specialized file servers running Novell Netware or to minicomputers through the addition of terminal emulation software.

The competing approaches wrestled in the market place for some time.  Apple defenders reasoned that a more elegant interface and a legion of students learning computing skills on Macintosh computers would eventually win the day for a company devoted to an integrated product with superior originality.  Microsoft defenders reasoned that the ability to sell software through many hardware producers and the legion of business people adopting the Windows platform would make Microsoft the eventual standard.  For its part, Microsoft took a lot of hits from users and from pundits.  Many were well deserved.  Still, with each new release, Microsoft continued to add new features, correct past mistakes, and maintain or lower the price of its Windows operating system.  At first, having to support so many hardware manufacturers was as much a burden as a blessing for Microsoft.  PCs running Apple Macintosh or Microsoft Windows operating systems were comparable in price, but Microsoft had to work harder in order to support the myriad combinations of hardware.

Then something changed.  Hardware manufacturers started to standardize on parts and components, which, in time, led to lower hardware prices.  Now consumers and businesses could purchase a PC running Microsoft windows for less than a similar Apple Macintosh.  Apple, which did not use as much of the same standard hardware components in its PCs, was now forced to position its operating system as superior to Windows in order to justify the higher cost of the package.  For a while that strategy worked.  Microsoft, though, relentlessly pursued new features and uses for its operating system.  It pushed hardware manufacturers to share advertising and selling costs and it tightened licensing agreements.  As hardware prices continued to drop, as Microsoft continued to improve their operating system, and as Apple continued on its original strategy, the Apple Macintosh became less and less competitive.  Even in the school market, where Apple computers once ruled, Microsoft PCs became the norm as administrators, school board members, and parents all advocated the installation of PCs that students would one day find in the "real" world.  Apple market share collapsed.

Today Microsoft does have a monopoly on a certain segment of the computer market.  Yet, who is being harmed?  Consumers and businesses can purchase a personal computer for a fraction of the price they would have spent just a couple of years ago.  With that PC they will receive new features and functions that did not even exist a couple of years ago.  Product innovation is so rapid and prices are falling so quickly that the toughest part is educating consumers on the availability of the new features.  Some software is even said to have too much functionality.  At the same time, Microsoft is wary of new competition on the horizon.  Linux, though not yet a serious force in personal computers, has made tremendous in-roads into the server operating system market in which Microsoft operates.  The internet and network models of computing under which "thin" clients running just a browser or some other minimal software is the only requirement is yet another threat.  While Microsoft continues to innovate and lower prices, it still has competition that could destroy its business model as easily and as quickly as Apple's was destroyed.  It is a monopoly for certain products, but it does not act in the way that people fear.  Why?

According to the Justice department the market in question here is the personal computer market for operating systems designed to run on Intel-compatible personal computers.  They define the market narrowly in order to support their claims.  The computer industry today is a big place.  There are personal computers with lots of different processors available from lots of different manufacturers.  There are personal hand-held devices running an assortment of processors and operating systems.  There are computers running as internet, file, database and application servers, minicomputers and mainframes running business applications and databases, and black-box devices to do the work of servers without operators of any kind.  In short, the computer market place is as wide open and as teeming with possibility as one would expect in a free market place.  Only by defining Microsoft's market in such narrow terms could the Justice Department attempt to ignore the reality that Microsoft's hold on its market share is tenuous and dependent on continued innovation and efficiency. 

Once narrowed in definition, the complaint zeros in even further on the internet browser functionality included with the operating system.  Microsoft has the temerity to offer its Explorer browser at no extra charge to consumers.  That, it is alleged, will further their monopoly by putting competing browsers out of business.  It is worth noting here that a browser can be (and has been) written in a matter of months by a crack group of programmers.  There is nothing to prevent such a browser from being run on a Windows based computer.  Further, there are many companies, such as AOL and other internet service providers, who give browser software to their own customers for their use and who will pay the licensing fees to the browser programmers if need be.  The point being, consumers have more than one free browser choice available, and they have nothing to prevent the use of any browser they wish, free or not.  Since Microsoft is giving its browser away for free, any competing browser will likely also be free or very low cost.  Since any competent group of programmers can produce a new browser in short order, Microsoft will dare not charge much for its browser even if it ever does decide to charge a price.  This is called free market economics.  If Microsoft is an evil monopolist, where is the harm to consumers?

There is no harm.  Microsoft is branded a monopolist and evildoer for two reasons.  One, there are people within the government whose job is to prosecute monopolists, among other things.  A big case against an industry lightning rod is good for headlines and careers whether they win or lose.  Some within the government may genuinely believe in the case.  That doesn't make it right.  Second, players within the computer industry, as in other industries, have come to realize that the antitrust laws can be used for an effective competitive advantage.  When the Microsoft case was brought forth, lots of other software and hardware companies were only too happy to offer accounts of supposed monopolistic behavior by Microsoft that damaged them and their customers.  Bad public relations for Microsoft mean a competitive advantage for them.  Why spend resources trying to innovate or price your way ahead of Microsoft, when the Justice Department will help you compete nearly for free?  And what better target than Microsoft with its billionaire founder Bill Gates?  Everyone has a jealous streak and it is easy to play on that when the object of abuse is someone so filthy rich that the average Joe cannot comprehend the wealth.  Yet, where is the harm to consumers?

The Microsoft case is a lesson in modern statism.  What the American government has done is to seek out the easy target in one of the last remaining unfettered free markets and tried to kill both the target and the market.  Hate it or love it, Microsoft is guilty of nothing but competing vigorously, innovating and improving steadfastly, and maintaining or reducing its product price over time.  That is the evil monopoly in a free market.  More frightening is that most Americans did not jump to the defense of Microsoft but instead to the coattails of a runaway bureaucracy intent on snuffing out real competition wherever it can find it.  The harm is not to consumers from Microsoft, the harm is to American principles by a runaway government.

*** Copyright 2003, rationalamerican.com ***

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