  | Contents |   | 
  |   |   | 
  | Preface to the Third Edition | XIX | 
  |   |   | 
| 1. | Introduction | 1 | 
  | The Rationale for Regulation and Antitrust Policies | 2 | 
  | Antitrust Regulation | 3 | 
  | The Changing Character of Antitrust Issues | 4 | 
  | Reasoning behind Antitrust Regulations | 4 | 
  | Economic Regulation | 5 | 
  | Development of Economic Regulation | 6 | 
  | Factors in Setting Rate Regulations | 6 | 
  | Health, Safety, and Environmental Regulation | 7 | 
  | Role of the Courts | 8 | 
  | Criteria for Assessment | 9 | 
  | Questions and Problems | 10 | 
  | Recommended Reading | 10 | 
  | Appendix | 11 | 
  |   |   | 
| 2. | The Making of a Regulation | 13 | 
  | State versus Federal Regulation: The Federalism Debate | 14 | 
  | Advantages of Federalism | 15 | 
  | Advantages of National Regulations | 16 | 
  | The Overlap of State and Federal Regulations | 17 | 
  | The Character of the Rulemaking Process | 18 | 
  | The Chronology of New Regulations | 18 | 
  | Nature of the Regulatory Oversight Process | 22 | 
  | The Nixon and Ford Administrations | 23 | 
  | The Carter Administration | 24 | 
  | The Reagan Administration | 26 | 
  | The Bush Administration | 26 | 
  | The Clinton Administration | 27 | 
  | Regulatory Reform Legislation | 27 | 
  | Benefit-Cost Analysis | 28 | 
  | Discounting Deferred Effects | 30 | 
  | Present Value | 32 | 
  | The Criteria Applied in the Oversight Process | 34 | 
  | Regulatory Success Stories | 34 | 
  | Promotion of Cost-Effective Regulation | 35 | 
  | Distortion of Benefit and Cost Estimates | 36 | 
  | The Regulatory Role of Price and Quality | 37 | 
  | The Impact of the Oversight Process | 37 | 
  | The Cost of Regulation | 38 | 
  | Other Measures of the Size of Regulation | 38 | 
  | The Character of Regulatory Oversight Actions | 42 | 
  | What Do Regulators Maximize? | 44 | 
  | The Capture Theory | 44 | 
  | Other Theories of Influence Patterns | 45 | 
  | Comprehensive Models of Regulatory Objectives | 45 | 
  | Conclusion | 46 | 
  | Questions and Problems | 47 | 
  | Appendix: Trends in Regulatory Agency Budgets and Staff | 48 | 
  |   |   | 
| I. | ANTITRUST | 59 | 
  |   |   | 
| 3. | Introduction to Antitrust | 61 | 
  | Industrial Organization Analysis | 61 | 
  | Concentration | 63 | 
  | Entry Barriers | 64 | 
  | Product Differentiation | 64 | 
  | Antitrust | 65 | 
  | Enforcement and Remedies | 67 | 
  | Exemptions from Antitrust | 71 | 
  | Summary and Overview of Part I | 72 | 
  | Appendix: antitrust Statutes | 72 | 
  | Sherman Act | 72 | 
  | Clayton Act | 73 | 
  | Federal trade Commission Act | 74 | 
  |   |   | 
| 4. | Efficiency and Technical Progress | 75 | 
  | Economic Efficiency | 75 | 
  | Partial Equilibrium Welfare Tools | 76 | 
  | Monopoly-versus-Competition Example | 78 | 
  | Oil Industry Application | 80 | 
  | Some Complications | 81 | 
  | X-Inefficiency | 84 | 
  | Monopoly-Induced Waste | 85 | 
  | Estimates of the Welfare loss from monopoly | 86 | 
  | Technical Progress | 88 | 
  | Importance of Technological Change | 89 | 
  | An R & D Rivalry Model | 91 | 
  | Summary | 94 | 
  | Questions and Problems | 95 | 
  |   |   | 
| 5. | Oligopoly, Collusion, and Antitrust | 97 | 
  | Game Theory | 97 | 
  | Example 1: Advertising Competition | 97 | 
  | Example 2: Compatibility of Standards | 99 | 
  | The Strategic Form of a Game | 100 | 
  | Nash Equilibrium | 101 | 
  | Oligopoly Theory | 101 | 
  | The Cournot Solution | 102 | 
  | Other Models of Oligopoly | 108 | 
  | Product Differentiation | 109 | 
  | Collusion | 112 | 
  | A Theory of Collusion | 112 | 
  | Cartel Problems | 117 | 
  | Collusion in Practice | 121 | 
  | Antitrust Law toward Price Fixing | 125 | 
  | Economic Analysis of Legal Categories | 126 | 
  | Per Se Rule Cases | 127 | 
  | Conscious Parallelism | 131 | 
  | Summary | 135 | 
  | Questions and Problems | 136 | 
  | Appendix A | 137 | 
  | Game Theory: Formal Definitions | 137 | 
  | Appendix B | 138 | 
  | The Addyston Pipe Case | 138 | 
  | The Opinion of the Court | 140 | 
  |   |   | 
| 6. | Market Structure and Strategic Competition | 143 | 
  | Market Structure | 143 | 
  | Concentration | 143 | 
  | Scale Economics | 150 | 
  | Entry Conditions | 152 | 
  | Dominant Firm Theory | 162 | 
  | Static Analysis | 162 | 
  | Dynamic Analysis: Limit Pricing | 165 | 
  | Strategic Competition | 170 | 
  | Limit Pricing | 171 | 
  | Investment in Cost-Reducing Capital | 178 | 
  | Raising Rivals´ Costs | 182 | 
  | Preemption and Brand Proliferation | 183 | 
  | Summary | 186 | 
  | Questions and Problems | 186 | 
  |   |   | 
| 7. | Mergers | 191 | 
  | Antitrust Laws and Merger Trends | 192 | 
  | Reasons for Mergers | 195 | 
  | Monopoly | 195 | 
  | Economies | 195 | 
  | Reducing Management Inefficiencies | 198 | 
  | Other Motives | 198 | 
  | Horizontal Mergers | 198 | 
  | Benefits and Costs | 199 | 
  | Effects of Airline Mergers | 204 | 
  | Cases | 205 | 
  | The 1992 Merger Guidelines | 210 | 
  | Conglomerate Mergers | 213 | 
  | Potential Benefits | 214 | 
  | Anticompetitive Effects and Cases | 215 | 
  | Summary | 217 | 
  | Questions and Problems | 217 | 
  |   |   | 
| 8. | Vertical Mergers and Restrictions | 219 | 
  | Vertical Mergers | 219 | 
  | Benefits | 219 | 
  | Anticompetitive Effects | 223 | 
  | Extension of Monopoly: Fixed Proportions | 229 | 
  | Extension of Monopoly: Variable Proportions | 230 | 
  | Cases | 232 | 
  | Vertical Restrictions | 233 | 
  | Resale Price Maintenance | 234 | 
  | Territorial Restraints | 238 | 
  | Exclusive Restraints | 238 | 
  | Exclusive Dealing | 240 | 
  | Tying | 241 | 
  | Summary | 253 | 
  | Questions and Problems | 254 | 
  |   |   | 
| 9. | Monopolization and Price Discrimination | 257 | 
  | The Possession of Monopoly Power | 258 | 
  | Intent to Monopolize | 262 | 
  | Cases | 263 | 
  | 1890-1940: Standard Oil and United States Steel | 263 | 
  | 1940-1970: Alcoa and United Shoe machinery | 268 | 
  | 1970 to Present: Kodak, Cereals, IBM, and Others | 272 | 
  | 1994-1998: Microsoft and Network Effects | 274 | 
  | Predatory Pricing: Proposed Legal Definitions | 277 | 
  | The ATC Rule | 279 | 
  | The Output Restriction Rule | 280 | 
  | Joskow-Klevorick Two-Stage Rule | 283 | 
  | Price Discrimination and the Robinson-Patman Act | 284 | 
  | Systematic Discrimination | 284 | 
  | Unsystematic Discrimination | 290 | 
  | Cases | 290 | 
  | Summary | 292 | 
  | Questions and Problems | 292 | 
  |   |   | 
| II. | ECONOMIC REGULATION | 295 | 
  |   |   | 
| 10. | Introduction to Economic Regulation | 297 | 
  | What Is Economic Regulation? | 297 | 
  | Instruments of Regulation | 298 | 
  | Control of Price | 298 | 
  | Control of Quantity | 299 | 
  | Control of Entry and Exit | 299 | 
  | Control of Other Variables | 300 | 
  | Brief History of Economic Regulation | 301 | 
  | Formative Stages | 301 | 
  | Trends in Regulation | 302 | 
  | The Regulatory Process | 308 | 
  | Overview of the Regulatory Process | 308 | 
  | Regulatory Legislation | 309 | 
  | Independent Regulatory Commissions | 309 | 
  | Regulatory Procedures | 311 | 
  | The Theory of Regulation | 313 | 
  | Normative Analysis as a Positive Theory | 314 | 
  | Capture Theory | 317 | 
  | Economic Theory of Regulation | 318 | 
  | Testing Theories of Regulation | 330 | 
  | Summary and Overview of Part II | 334 | 
  | Questions and Problems | 335 | 
  |   |   | 
| 11. | Theory of Natural Monopoly | 337 | 
  | The Natural Monopoly Problem | 337 | 
  | Permanent and Temporary Natural Monopoly | 337 | 
  | Subaddivity and Multiproduct Monopoly | 339 | 
  | Alternative Policy Solutions | 344 | 
  | Ideal Pricing | 344 | 
  | Franchise Bidding | 356 | 
  | Actual Solutions | 356 | 
  | Summary | 358 | 
  | Questions and Problems | 358 | 
  |   |   | 
| 12. | Natural Monopoly Regulation and Electric Power | 361 | 
  | The Rate Case | 362 | 
  | Accounting Equation | 362 | 
  | Regulatory Lag | 363 | 
  | The Rate Level | 364 | 
  | Rate Base Evaluation | 364 | 
  | Cost of Equity Capital | 366 | 
  | The Sliding Scale Plan and Yardstick Competition | 368 | 
  | Price Caps and Performance Standards | 369 | 
  | Averch-Johnson Effect | 371 | 
  | Rate Structure | 374 | 
  | FDC Pricing | 375 | 
  | Undue Discrimination | 377 | 
  | Peak-Load Pricing | 379 | 
  | Costs of Power Production | 379 | 
  | Peak-Load Pricing Model | 381 | 
  | Regulation/Deregulation of Electric Power | 386 | 
  | Effectiveness of Price Regulation | 386 | 
  | Trend toward Competition | 388 | 
  | Summary | 392 | 
  | Questions and Problems | 393 | 
  |   |   | 
| 13. | Franchise Bidding and Cable Television | 395 | 
  | Theory of Franchise Bidding | 395 | 
  | Competition at the Bidding Stage | 397 | 
  | Contractual Arrangements for the Postbidding Stage | 405 | 
  | Assessment of Franchise Bidding | 409 | 
  | Cable Television | 409 | 
  | Historical/Regulatory Background | 410 | 
  | Cable Television as a Natural monopoly | 412 | 
  | Franchising Process | 417 | 
  | Assessment of Franchise Bidding | 418 | 
  | Rate Regulation | 423 | 
  | Is There a Role for Government Intervention? | 427 | 
  | Summary | 429 | 
  | Questions and Problems | 430 | 
| 14. | Public Enterprise | 433 | 
  | General Background | 434 | 
  | Positive Theory of Public Enterprise | 435 | 
  | Managerial Model of a Firm | 436 | 
  | Managerial Model of a Private Enterprise | 437 | 
  | Managerial Model of a Public Enterprise | 438 | 
  | Comparison of Public and Private Enterprise | 441 | 
  | Municipal Electric Utilities | 442 | 
  | Pricing Behavior | 442 | 
  | Allocative Efficiency Comparison | 444 | 
  | Productive Efficiency Comparison | 446 | 
  | Assessment of Private versus Public Utilities | 447 | 
  | Airlines | 447 | 
  | Summary | 450 | 
  | Questions and Problems | 452 | 
  |   |   | 
| 15. | Dynamic Issues in Natural Monopoly Regulation: Telecommunications | 453 | 
  | Transformation of a Natural Monopoly | 453 | 
  | Basis for Natural monopoly Regulation | 454 | 
  | Sources of Natural Monopoly Transformation | 457 | 
  | Regulatory Response | 460 | 
  | Intercity Telecommunications Market | 476 | 
  | Separation of Regulated Monopolies and Competitive Markets | 480 | 
  | Benefits and Costs of Separation | 481 | 
  | Breakup of AT&T | 484 | 
  | Telecommunications and Computers | 486 | 
  | The Future of the Telecommunications Industry: Digital Convergence | 487 | 
  | Telecommunications Act of 1996 | 488 | 
  | State of Competition | 489 | 
  | Summary | 492 | 
  | Questions and Problems | 493 | 
  |   |   | 
| 16. | The Regulation of Potentially Competitive Markets: Theory and Estimation Methods | 495 | 
  | Theory of Price and Entry/Exit Regulation | 496 | 
  | 
Direct Effects of Price and Entry/Exit Regulation: The Competitive Model 
 
 | 496 | 
  | 
Direct Effects of Price and Entry/Exit Regulation: The Imperfectly Competitive Model 
 
 | 500 | 
  | 
Some Indirect Effects of Price and Entry Regulation 
 
 | 504 | 
  | 
Some Indirect Effects of Price and Exit Regulation 
 
 | 507 | 
  | 
Regulation and Innovation 
 
 | 509 | 
  | Methods for Estimating the Effects of Regulation | 512 | 
  | 
Overview of Estimation Methods 
 
 | 512 | 
  | 
 | 512 | 
  | 
Application: New York Stock Exchange 
 
 | 514 | 
  | 
 | 515 | 
  | 
Application: Advertising of Eyeglasses 
 
 | 516 | 
  | 
 | 517 | 
  | 
Application: State Usury Laws 
 
 | 518 | 
  | 
Measuring the Return to Price and Entry Restrictions: Taxicab Regulation 
 
 | 522 | 
  | Summary | 525 | 
  | Question and Problems | 526 | 
  |   |   | 
| 17. | Economic Regulation of Transportation: Surface Freight and Airlines | 529 | 
  | Transportation Industry | 529 | 
  | Surface Freight Transportation | 531 | 
  | Regulatory History | 531 | 
  | Description of Regulatory Practices | 535 | 
  | Effects of Regulation | 537 | 
  | Recent Regulatory Policy | 550 | 
  | Airlines | 552 | 
  | Regulatory History | 552 | 
  | Description of Regulatory Practices | 554 | 
  | Effects of Regulation | 555 | 
  | Competition and Antitrust Policy after Deregulation | 568 | 
  | Lessons from Regulation and Deregulation | 582 | 
  | Summary | 583 | 
  | Questions and Problems | 584 | 
  |   |   | 
| 18. | Economic Regulation of Energy: Crude Oil and Natural Gas | 585 | 
  | The Theory of Price Ceilings | 587 | 
  | Price and Quantity Regulation of the Crude Oil Industry | 591 | 
  | Regulatory History | 594 | 
  | Oil Prorationing | 596 | 
  | Regulatory Practices | 596 | 
  | Rationale for Prorationing | 597 | 
  | Solutions to the Common Pool Problem | 602 | 
  | Effects of Prorationing | 603 | 
  | Mandatory Oil Import Program | 604 | 
  | Regulatory Practices | 604 | 
  | Effects of Regulation | 605 | 
  | Crud Oil Price Controls | 607 | 
  | Regulatory Practices | 607 | 
  | Effects of Price Regulation | 609 | 
  | Price Regulation of the Natural Gas Industry | 616 | 
  | 
 | 618 | 
  | 
 | 619 | 
  | 
Effects of Price Regulation 
 
 | 621 | 
  | 
Transition from Regulation to Markets in the Transmission of Natural Gas 
 
 | 629 | 
  | Summary | 631 | 
  | Questions and Problems | 632 | 
  |   |   | 
| III. | HEALTH, SAFETY, AND ENVIRONMENTAL REGULATION | 635 | 
  |   |   | 
| 19. | Introduction: The Emergence of Health, Safety, and Environmental Regulation | 637 | 
  | Risk in Perspective | 638 | 
  | Measuring Mortality Risks | 640 | 
  | The Infeasibility of a No-Risk Society | 641 | 
  | Wealth and Risk | 642 | 
  | Irrationality and Biases in Risk Perception | 644 | 
  | Policy Evaluation | 646 | 
  | Regulatory Standards | 647 | 
  | Benefit-Cost Analysis | 647 | 
  | The Role of Heterogeneity | 648 | 
  | Uncertainty and Conservatism | 650 | 
  | The Role of Risk Ambiguity | 652 | 
  | The Role of Political Factors | 654 | 
  | Economic Models of Environmental Policies | 654 | 
  | Voting Patterns | 656 | 
  | Summary and Overview of Part III | 657 | 
  | Questions and Problems | 659 | 
  | Recommended Reading | 660 | 
  |   |   | 
| 20. | Valuing Life and Other Nonmonetary Benefits | 661 | 
  | Policy Evaluation Principles | 662 | 
  | Willingness to Pay versus Other Approaches | 664 | 
  | Variations in the Value of Life | 666 | 
  | The Labor Market Model | 669 | 
  | Empirical Estimates of the Value of Life | 673 | 
  | Value of Life for Regulatory Policies | 675 | 
  | Survey Approaches to Valuing Policy Effects | 678 | 
  | Valuation of Air Quality | 680 | 
  | Exploratory Nature of the Survey Approach | 681 | 
  | Sensitivity Analysis and Cost Effectiveness | 681 | 
  | Risk-Risk Analysis | 682 | 
  | Establishing Prices for Health, Safety, and Environmental Regulation | 683 | 
  | Questions and Problems | 684 | 
  |   |   | 
| 21. | Environmental Regulation | 687 | 
  | The Coase Theorem for Externalities | 688 | 
  | The Coase Theorem as a Bargaining Game | 689 | 
  | A Pollution Example | 690 | 
  | Long-Run Efficiency Concerns | 692 | 
  | Transactions Costs and Other Problems | 692 | 
  | Smoking Externalities | 693 | 
  | Special Features of Environmental Contexts | 696 | 
  | Selecting the Optimal Policy: Standards versus Fines | 697 | 
  | Setting the Pollution Tax | 698 | 
  | The Role of Heterogeneity | 700 | 
  | The Role of Uncertainty | 701 | 
  | Pollution Taxes | 703 | 
  | Cost Heterogeneity for Water Pollution Control | 704 | 
  | Current Market Trading Approaches | 705 | 
  | The Future of Market Approaches | 708 | 
  | Global Warming and Irreversible Environmental Effects | 709 | 
  | Assessing the Merits of Global-Warming Policies | 709 | 
  | How Should We React to Uncertainty | 711 | 
  | Multiperson Decisions and Group Externalities | 712 | 
  | The Prisoner´s Dilemma | 712 | 
  | The N-Person Prisoner´s Dilemma | 713 | 
  | Applications of the Prisoner´s Dilemma | 714 | 
  | The Enforcement and Performance of Environmental Regulation | 715 | 
  | Enforcement Options and Consequences | 715 | 
  | Hazardous Wastes | 716 | 
  | Contingent Valuation for the Exxon Valdez Oil Spill | 719 | 
  | Evaluating Performance | 721 | 
  | Summary | 722 | 
  | Questions and Problems | 723 | 
  |   |   | 
| 22. | Product Safety | 725 | 
  | Emergence of Product Safety Regulations | 725 | 
  | Current Safety Decisions | 726 | 
  | Changing Emphasis of Product Regulation | 728 | 
  | Premanufacturing Screening: The Case of Pharmaceuticals | 729 | 
  | Weighing the Significance of Side Effects | 730 | 
  | Drug Approval Strategies | 730 | 
  | The Behavioral Response to Product Safety Regulation | 734 | 
  | Consumer´s Potential for Muting Safety Device Benefit | 735 | 
  | The Costs of Product Safety Regulation: The Automobile Industry Case | 739 | 
  | Trends in Motor Vehicle and Home Accident Deaths | 744 | 
  | Accident Rate Influences | 744 | 
  | The Decline of Accident Rates | 745 | 
  | The Rise of Product Liability | 747 | 
  | The Negligence Standard | 748 | 
  | The Strict Liability Standard | 748 | 
  | Events-Study Evidence on Liability Costs | 748 | 
  | Escalation of Damages | 750 | 
  | Risk information and Hazard Warning | 753 | 
  | Self-Certification of Safe Products | 754 | 
  | Government Determination of Safety | 754 | 
  | Alternatives to Direct Command and Control Regulation | 755 | 
  | The Future of Product Safety Policy | 757 | 
  | Questions and Problems | 758 | 
  |   |   | 
| 23. | Regulation of Workplace Health and Safety | 761 | 
  | The Potential for Inefficiencies | 763 | 
  | How Markets Can Promote Safety | 763 | 
  | Compensating Wage Differential Theory | 765 | 
  | Risk Information | 767 | 
  | On-the-Job Experience and Worker Quit Rates | 769 | 
  | Inadequacies in the Market | 770 | 
  | Informational Problems and Irrationalities | 770 | 
  | Externalities | 771 | 
  | OSHA´s Regulatory Approach | 772 | 
  | Setting OSHA Standard Levels | 772 | 
  | The Nature of OSHA Standards | 775 | 
  | The Reform of OSHA Standards | 777 | 
  | Regulatory Reform Initiatives | 777 | 
  | Changes in OSHA Standards | 777 | 
  | OSHA´s Enforcement Strategy | 780 | 
  | Inspection Policies | 782 | 
  | Trivial Violations | 783 | 
  | OSHA Penalties | 783 | 
  | Enforcement Targeting | 784 | 
  | The Impact of OSHA Enforcement on Worker Safety | 785 | 
  | OSHA Regulations in Different Situations | 787 | 
  | OSHA and Other Factors Affecting Injuries | 788 | 
  | The Role of Workers´ Compensation | 794 | 
  | Agenda for Policy Reform Efforts | 795 | 
  | Questions and Problems | 797 | 
  |   |   | 
| 24. | Patents and Pharmaceuticals | 799 | 
  | Economic of Invention and Patents | 799 | 
  | Background on Patents | 801 | 
  | Incentives to Invent: Monopoly versus Competition | 802 | 
  | Welfare Analysis of Patents | 806 | 
  | Pharmaceuticals and the Role of Patents | 815 | 
  | Industry Structure | 816 | 
  | The 1984 Drug Price Competition and Patent Restoration Act | 825 | 
  | Other Policies that Affect R&D Incentives | 828 | 
  | Summary | 833 | 
  | Questions and Problems | 833 | 
  |   |   | 
  | Author Index | 837 | 
  | Subject Index | 841 |