The federal government regulates labels, warranties, and consumer products. Without government regulation, what abuses are likely to occur?
GOVERNMENT REGULATION
INDUSTRIAL REGULATION
Industrial regulation pertains to the government regulation of
firms’ prices or rates within industries. These regulations are in
existence to prevent companies from forming a monopoly, to promote
competition and achieve fairness. In the mid 1800s, as industry
grew, many industries began to take on the look of a monopoly;
using questionable business tactics and charging their customers
high prices. The customers and businesses that patronized these
industries began to complain to the government and the government
responded with the Sherman Act of 1890. The objective of industrial
regulation is for a regulatory agency to keep tabs on an industry's
prices and products to ensure that a monopoly, that takes advantage
of consumers, isn't formed. As industries or companies are
regulated, competition becomes essential, which in turn keeps
prices to consumers more affordable. The entities affected by
industrial regulation are oligopolies and monopolies. Monopolies,
as stated above, occur when a single company owns all or nearly all
of the market for a given type of product or service. An oligopoly
refers to a market structure where the suppliers have created some
form of alliance and are acting as one. Without regulation
commodity prices would soar, because suppliers would have the
power. This is where industry regulations come in to play; they aim
to control monopolies and oligopolies and to prevent them from
charging unfair and outrageous prices from their products. SOCIAL
REGULATION Social regulations are those regulations that deal with
the “conditions under which goods and services are produced, the
impact of production on society, and the physical quality of the
goods themselves” (McConnell & Brue, 2008, p. 384). Social
regulation is aimed at restricting behaviors that directly threaten
public health, safety, welfare, or well being. There is a great
deal more entities affected by social regulations than by
industrial regulations for these regulations affect all industries.
Social regulations affect employee hiring practices, environmental
controls, health and safety regulations, and restrictions on
labeling and advertising to name a few things. Entities affected by
social regulation are food and drug producers (FDA), employers
(EEOC and OSHA), and basically all industries that produce goods
for public consumption and use or regulated by the EPA and CPSC.
Pharmaceutical manufacturers are affected financially when the FDA
holds back a new drug for further testing. For example, on October
3, 2012, the FDA asked Teva Pharmaceuticals to withdraw its
antidepressant drug Budeprion XL 300 after testing showed the drug
did not properly release its key ingredients. Or when an industrial
manufacturer is impacted by EPA regulations on the disposal of
pollutants or hazardous or non-hazardous waste. These sort of
regulations affect entities financially and socially. NATURAL
MONOPOLY A natural monopoly is a type of monopoly that exists as a
result of the high fixed or start-up costs of operating a business
in a particular industry. Because it is economically sensible to
have certain natural monopolies, governments often regulate those
in operation, ensuring that consumers get a decent deal
(Investopedia "Natural Monopoly", n.d.). For example, if you've got
a utility company which supplies all the service for a certain
area, the prospect of a new company competing with those existing
companies is difficult at best. In instances like these, having
multiple companies competing could end up being significantly more
costly than having a natural monopoly provide the service. Although
deregulation of a natural monopoly, like utilities, opens up the
market and promotes competition, it is generally beneficial for the
economy as a whole to maintain natural monopolies because they can
attain a lower production cost than other competitors in the same
industry (Investopedia "Natural monopoly", n.d.). Indianapolis
Power and Light is a natural monopoly that holds the entire
electricity market share in Indianapolis. They have no competitors
because the costs of establishing a means to produce electrical
power and supply it to each household can be very large. Even
though many consumers believe that companies like this may be
tempted to exploit their natural monopoly in order to maximize
profits, the overall belief is that the efficiency in production is
better served by a single company supplying the whole market.
ANTITRUST LAWS There are four major pieces of legislation that
constitute the basic laws relating to monopoly structure and
conduct; known as the Antitrust Laws (McConnell, Brue & Flynn,
2011, p. 375). In response to monopolies, cartels, and trusts,
Congress passed two major pieces of legislation: the Sherman Act
and the Clayton Act. The Sherman Act is a federal statute passed in
1890. It was the first major legislation passe
d to address oppressive business practices associated with cartels
and oppressive monopolies. The Clayton Act of 1914 simply sharpened
and clarified the general provisions of the Sherman Act and
regulates practices that are deemed harmful to fair competition;
price fixing, exclusive contracts, tying agreements, mergers and
acquisitions. The Federal Trade Commission Act of 1914 prohibits
unfair methods, acts, and practices of competition in interstate
commerse. But more than anything, it established the Federal Trade
Commission to police violation of the act and to enforce the
Clayton and Federal Trade Commission Acts, as well. The
Celler-Kefauver Act of 1950 amended the Clayton Act and targets
mergers where companies purchase suppliers, and occasionally
competitor's suppliers, in order to secure production. It added
vertical mergers and conglomerate mergers to the possible list of
antitrust violations. REGULATORY COMMISSIONS OF INDUSTRIAL
REGULATION The three main regulatory commissions of industrial
regulation are the Federal Communications Commission (FCC), the
Federal Energy Regulatory Commission (FERC) and the State Public
Utility Commissions. The FERC, established in 1930, regulates
electricity, gas pipelines, oil pipelines, water and power sites.
The FCC, established in 1934, regulates telephones, television,
cable television, radio, CB radio, telegraph, and ham operators.
The State Public Utility Commissions of various years that regulate
gas, electricity, and telephones in each state (McConnell, Brue,
Flynn, 2011, pg. 382). REGULATORY COMMISSIONS OF SOCIAL REGULATION
The five primary federal regulatory commissions that govern social
regulation are Food and Drug Administration (FDA), Equal Employment
Opportunity Commission (EEOC), Occupational Safety and Health
Administration (OSHA), Environmental Protection Agency (EPA), and
Consumer Product Safety Commission (CPSC). The FDA, esatblished in
1906, regulates the safety and effectiveness of food, drugs, and
cosmetics. The EEOC, established in 1964, regulates the hiring,
firing, and promotion of workers. OSHA, established in 1971,
regulates industrial health and safety. The EPA, established in
1972, regulates air, water, and noise pollution. The CPSC,
established in 1972 as well, regulates the safety of consumer
products.
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