 | Contents |  |
 |  |  |
 | Preface to the Third Edition | XIX |
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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 |
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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 |
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I. | ANTITRUST | 59 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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II. | ECONOMIC REGULATION | 295 |
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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 |
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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 |
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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 |
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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 |
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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 |
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16. | The Regulation of Potentially Competitive Markets: Theory and Estimation Methods | 495 |
 | Theory of Price and Entry/Exit Regulation | 496 |
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Direct Effects of Price and Entry/Exit Regulation: The Competitive Model
| 496 |
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Direct Effects of Price and Entry/Exit Regulation: The Imperfectly Competitive Model
| 500 |
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Some Indirect Effects of Price and Entry Regulation
| 504 |
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Some Indirect Effects of Price and Exit Regulation
| 507 |
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Regulation and Innovation
| 509 |
 | Methods for Estimating the Effects of Regulation | 512 |
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Overview of Estimation Methods
| 512 |
 |
| 512 |
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Application: New York Stock Exchange
| 514 |
 |
| 515 |
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Application: Advertising of Eyeglasses
| 516 |
 |
| 517 |
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Application: State Usury Laws
| 518 |
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Measuring the Return to Price and Entry Restrictions: Taxicab Regulation
| 522 |
 | Summary | 525 |
 | Question and Problems | 526 |
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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 |
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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 |
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| 618 |
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| 619 |
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Effects of Price Regulation
| 621 |
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Transition from Regulation to Markets in the Transmission of Natural Gas
| 629 |
 | Summary | 631 |
 | Questions and Problems | 632 |
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III. | HEALTH, SAFETY, AND ENVIRONMENTAL REGULATION | 635 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |