So-Called "Free Markets" Are Anything But Free

Published in Investing on 11 July 2012

Just consider the monopolies, oligopolies and restrictive regulations.

In the last decade the free market has been blamed for many things, such as the collapse of Enron, the credit crunch and the latest scandal where dealers at Barclays (LSE: BARC) and some other banks manipulated the benchmark London inter-bank offered rate (Libor). The problem is that none of these events took place in a country that has a free market economic system, so how can it be the free market's fault?

A market is free only if the government doesn't influence the price, the supply and the demand for goods and services. Furthermore, producers in a free market cannot earn economic rents (extra profits) thanks to things such as laws that restrict competition. Few economies, if any, have ever come close to meeting these criteria.

Too expensive to compete

If the construction industry had been so badly run that the government needed to rescue it to prevent the fallout from wrecking the rest of the economy, you might think that a host of new building companies would quickly spring up to compete with these poorly run firms.

This is just what happened to the banking industry in 2008-09, but have any new banks popped up in the high street since then? No. All that seems to have changed is that more branches nowadays bear the Santander logo.

The problem is that because banking is Britain's most highly regulated industry, the fixed costs of setting up a new bank to compete with the likes of Barclays and The Royal Bank of Scotland (LSE: RBS) are enormous. Also given that the government owns 84% of RBS and 41% of Lloyds Banking Group (LSE: LLOY), it is strongly incentivised to restrict competition to protect these banks' profits (when they eventually start making any).

Don't hire anyone else

If a regulation makes it more expensive to do business, such as having to spend £100,000 a year in order to comply with an overly bureaucratic standard before you can sell widgets, it's very likely that a large company that already had a big presence in the widget market lobbied in favour of it. That's because these costs act as a barrier to deter small companies from entering that particular market.

The fact that large companies use regulations to cement their position and fend off the competition is something that many newcomers to the stock market won't be aware of. If you fall into this category then you might want to take a look at a special free report that introduces novices to shares: "What Every New Investor Needs To Know".

Another way in which small businesses are hampered by regulations is when there's a cut-off limit for a particular regulation that only applies to businesses that employ more than a certain number of employees. The reason behind the limit is that it is expensive to comply with the regulation, so this gives small businesses a break.

The problem is that this is also a great incentive to avoid hiring any more staff if this will trigger the regulation. So many small businesses that could grow will instead choose to remain small, which is good news for their larger competitors.

Carving up the market

In some industries, most notably cars and bulk chemicals, the nature of the market is such that it is dominated by an "oligopoly"; a few massive companies whose economies of scale are so large that it makes it exceptionally difficult for a newcomer to enter the market.

In an oligopoly, companies don't need to compete with each other on price; instead they do so by differentiating between their products, which can easily cause them to be much less responsive to their customers' wants.

America's "Big Three" car manufacturers once formed an oligopoly, which allowed them to thrive even though they were making unpopular low-quality cars. Then along came the Japanese companies with superior products and the Big Three couldn't compete with them on a level playing field. But instead of improving their cars, they retaliated by successfully lobbying the government to restrict Japanese car imports.

The big four

With their 75% share of the British food retail market, the big four supermarkets Wal-Mart's (NYSE: WMT.US) subsidiary Asda, WM Morrison (LSE: MRW), Sainsbury's (LSE: SBRY) and Tesco (LSE: TSCO) display some of the characteristics of an oligopoly.

The British state has helped the supermarkets entrench themselves in the market by making it difficult for someone to create a new chain. A fifth giant supermarket would need to quickly build a lot of big supermarkets in good locations to obtain sufficient economies of scale, yet our planning laws are designed to prevent this from happening.

You must buy from us

One of the best businesses to own is a monopoly because your customers must either buy from you or go without. Two good examples are the electricity company National Grid (LSE: NG) and the water company United Utilities (LSE: UU), both of which are members of the FTSE 100 (UKX) index.

No-one is going to compete with National Grid or United Utilities in their existing markets, barring a radical technological development such as commercial wireless electricity, because the cost of duplicating their electricity and water distribution networks would be prohibitive.

So their monopolies are strictly regulated to prevent their economic rents from becoming too large, which means that, like most businesses, they don't operate in a free market.

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Further investment opportunities:

> Tony owns shares in Lloyds Banking Group, Sainsbury and National Grid but he doesn't own shares in any of the other companies mentioned in this article. The Motley Fool owns shares in Tesco.

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Comments

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UncleEbenezer 11 Jul 2012 , 3:24pm

Thought experiment: no bailouts for banks and housebuilders. Now there's a gap in the market for newcomers. Apart from providing space for existing non-bust players (like Nationwide, Coop) and new/interested parties (like Tesco, Virgin), maybe innovative newcomers, like paypal, zopa, funding circle, could have grown to become mainstream?

Grocers? Around the country that's hugely competitive. Locally things may be different: here both my local supermarkets are Coop (one was formerly Somerfield). OK, there may be no FTSE-sized newcomer since Ocado, but remind me the difference between Mr Cohen's emporium and all of our local family-owned shops?

alarmbells 11 Jul 2012 , 4:34pm

Within 15 minutes we have Sainsbury, Asda, Aldi, Tesco, Morrisons. Plenty of competition. If a supermarket, or even two dominated a town that would be different. Not so in most places.

As for banking, new entrants come in each day. I heard the latest is Asda.

Utilities is a better example hence the reason (unlike the other 2 industries) why their pricing, investment and ROC is regulated. So even in this instance a monopoly can't enjoy monopoly profits.

A true monoploy makes truckloads of money. Banks and Supermarkets? Ever so slightly not the case.

A "monopoly" based on intellectual capital is truly a licence to print money. Windows in the 80s and 90s. Apple now. These are monopolies not because others do not try to compete, but because they are unable to match them.

ANuvver 11 Jul 2012 , 8:23pm

And the bad boy, tobacco. Deplore it if you wish, and governments must be seen to bash it. But, fungibility aside, try funding the NHS without that tax take.

TonyTwoTimes 12 Jul 2012 , 9:01am

Hi alarmbells,

The thing with the supermarket banks is that they are deposit taking institutions that serve individuals.

Sainsbury’s Bank isn’t going to lend £100,000 to an engineering firm or a farmer that wants to buy some new machinery. That's the area where banking competition has got worse in recent times.

As to supermarket food retail, their oligopoly pricing power is directed against their suppliers.

Aldi and Lidl have eaten into their market, but they still prefer to compete with each other on service more so than price.

Cheers

TonyL

tru2me 12 Jul 2012 , 10:45am

Tony was the phrase "Free Market" not first used around the Thatcher era.

In fact was this idea of a free market not part of the general mirage created by the Margaret Thatcher administration to give the impression that everything is or rather was rosy in the UK financial landscape.

I agree that the Free Market is not at all but it never has been and suspect it never will be?

Too many lobbyists, etc ...

TonyTwoTimes 12 Jul 2012 , 11:09am

Hi ram59,

Yes, "free market" was popularised in Britain by Margaret Thatcher who was strongly influence by the Austrian School of Economics. Especially Friedrich Hayek.

At one Shadow Cabinet meeting she banged a copy of Hayek’s “The Constitution of Liberty" down on the table and said “This is what we believe.”

But we didn't get a genuine free market then, though we were a lot closer than nowadays, because of the numerous producer interests that lobby the system to ensure that it never comes about.

Cheers,

TonyL

UncleEbenezer 12 Jul 2012 , 12:49pm

As to supermarket food retail, their oligopoly pricing power is directed against their suppliers.

That's a line we often hear. Especially from that bastion of Entitlement culture, the farming lobby.

Isn't the reality that, time and time again the "big four" supermarkets (somehow excluding the Coop, whose market share should surely put it up with all-but-Tesco) are investigated by TPTB? Yet the only time they're ever found guilty of wrongdoing it's when (under huge pressure from the likes of Stephen Byers in the government of the day) they overpaid the farmers and overcharged the consumers: http://www.google.co.uk/search?q=milk+price+fines

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