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January 13, 2009
Tuesday
 
 
Nailing the myth of unregulated global capitalism
Johnathan Pearce (London)  Globalization/economics

This gloomy Bloomberg article, talking of capitalism's global "winter of discontent", argues that the current troubles are the first globalized crisis for free enterprise. Well, when an article makes an error in the first paragraph it does rather dim one's enthusiasm for reading on. Arguably, we have had cross-border crises in markets dozens of times: the recession of 1870s, the Great Crash of the 1930s, the 1970s oil-shocks and stagflations in the US and UK, the early recession of the 1990s in countries as different as far apart as Japan, UK, Germany and US, etc. Maybe the sheer extent of the malaise now is what has struck the Bloomberg writer, but truth be told I think this is a matter of degree. According to this excellent book, markets were in fact more globalised 100 years ago than they are now.

To use one of my least favourite words, there is now a constant "narrative" as to how the recent turmoil somehow proves that unregulated capitalism has failed and too closely interlinked. Quite how anyone can, with a straight face, argue that financial markets have been unregulated in recent years is a joke. Here are some of the regulations financiers have been dealing with, often with counterproductive results:

Markets in Financial Instruments Directive (known snappily as MiFID). This is designed to make EU financial markets more competitive, but as so often is the case, has been designed to raise barriers to entry in certain fields and has led to a rise in regulatory costs and loss of choice.
Basel II bank capital adequacy rules. How's that working for ya?
Patriot Act - the finance provisions
Various anti-money laundering laws
Tax information sharing treaties (various)
UK capital adequacy regulations of financial advisors
UK laws banning/controlling certain types of financial advertising. Apparently, we poor saps need protecting from crooks. Shame none of the big banks spotted Bernard Madoff then.
Restrictions on sell-side analyst research. This is built on the quaint idea that analysts working for banks should be models of Corinthian virtue and not have a bias.
Sarbanes-Oxley accounting laws - these have been a disaster, encouraging a flight of US businesses offshore, killing IPOs and squeezing new business formation.
And last but ot least: central banks. These are state institutions, issue monopoly money and have been behind much of the current trouble. Sometimes, when reading criticisms of "unregulated" capitalism, you might imagine these banks are purely commercial entities.

I am scratching the surface and I am sure readers can come up with more rules and regulations. Every time any of you good readers hears this canard about "unregulated capitalism", call them out gently for this and ask them in what field, apart perhaps from security or medicine, are activities more heavily regulated than finance?

Update: oh, I should have mentioned the US federal housing agencies such as Freddie Mac, and their contribution to creating a massive moral hazard problem in the house lending market.

Comments

Indeed. One can more convincingly argue that free enterprise (productive free market businesses) have been brought down by unfree state business (the banking system which ultimately controlled by the BoE, Fed, ECB, etc).

The problem, as ever, is in getting our "narrative" heard.


Posted by Ian B at January 13, 2009 09:35 AM

actually it seems like the big banks pretty much all spotted madoff.


Posted by botogol at January 13, 2009 10:36 AM

Agreed.

The government does have a role in making sure that there are no cartels, collusion, market rigging etc, but nine out of ten 'bubbles' are purely down to government intereference in free markets.

Seeing as 'the government' always had an indirect financial interest in banks, via the £35k deposit guarantee (now £50k) it's also right and proper that they supervise banks (as in supervise, not regulate) seeing as of how shareholder and management supervision has been shown to be useless (principal/agent problem).

But that's about it.


Posted by Mark Wadsworth at January 13, 2009 10:42 AM
The government does have a role in making sure that there are no cartels, collusion, market rigging etc,

Let them cartelise and collude. Cartels are inherently unstable because every conspirator is constantly looking around the table with shifty eyes knowing he could gain an advantage by outcompeting other members of the cartel; cartels always benefit the least able conspirators, so there is always a pressure for the more able to break ranks.

The dangerous thing for us proles isn't freely formed cartels, it's government supported cartels, which can and do hold the members in lockstep. We'd do better from no government intervention at all.


Posted by Ian B at January 13, 2009 10:50 AM

botogol, if they spotted the Madoff fraud, then how come such big banks as Credit Suisse, UBS, Santander, HSBC, etc, got stung for billions from this shyster?

The truth of the matter is that even some of the world's largest financial institutions did not do basic due diligence checks on this man and were only too happy to ride on the back of his Ponzi scheme. They have now been shafted. For once, I would be supportive of clients in suing their banks for basic negligence and failure to honour their fiduciary responsibilities.

IanB, correct. A good example of how the supposed power of cartels is overblown is OPEC. Four months ago, the price of crude oil was heading towards $150 a barrel. It is now less than $40. That is an incredible shift. OPEC has been hardly able to have any influence on the price movement. Most cartels are unstable because there will always be a vested interest in going against it. A lot of anti-trust laws are pointless and in fact have been used to shake down or damage businessmen deemed too big for their boots, like Bill Gates, Rockefeller, etc.


Posted by Johnathan Pearce at January 13, 2009 11:16 AM

Regulation under the UK's FSMA 2000 has been operating as nationalisation lite, or state control by proxy. The Government's shock troops in this assualt on free markets, the Financial Services Authority are, I can categorically state as I work in FS, clueless. Everything they do is a bureaucratic measure that loads costs onto all the market participants and, as has been shown by the their total failure to identify problems at Northern Rock, a complete waste of time.

We have tried over-regulation and it has failed. Now let's get back to free markets and freedom and watch them succeed.


Posted by lola at January 13, 2009 11:26 AM

It's about to get a whole shedload worse.


Posted by Ian B at January 13, 2009 11:34 AM

We may all (I do) burble on about the functions of governments. Still we are avoiding a more pervasive context of social organization and the trends amongst "Western" peoples since the two "Enlightenments;" the Scots and the French (or continental).

The French Enlightenment, and its immediate precedents, particularly in Natural Sciences, brought forth the determination that rules (sometimes called "Laws") must exist, or can be deduced to be constructed [I prefer fabricated] as Hayek noted, for all of human conduct. Hayek referred to "constructivists." To me such persons are "fabricators" (in all meanings of that word). As noted by some of the more perceptive Scots (and others since), all this has involved enormous conceit as to the application and force of "Reason" to determine the relations of humans with one another and their surroundings (I would use "environments" but for the possible misinterpretation).

The French present us with extreme examples of creating a new "law" whenever economic or social problems arise; legislation as the cure for all ills.
But, they are not alone in the proliferation of "laws." The statutes of the U.S., the U.K. and other nations where I have worked in the past 55 years have increased exponentially - on all matters civil and criminal (especailly the latter).

The resultant impact on commercial and financial activities (a significant part of human activities in advanced cultures) is not unique or separate, but rather an integral part of the extension of the concept of rules for everything - even if they have to be fabricated rather than evolve from circumstances; and fabricated they are with conceit, errors and consequences.

The swampy morass of fabricated rules has created an environment for predatory creatures and their activities that would not otherwise subsist. The existence of fabricated rules offer no assurance that they will either control or effect human actions as designed or proposed. And yet, the floods of "legislation" "regulations," "ordinances," etc. go on and on - but there is not, in most of the "West," sufficient force to contravene the the conceits generated by the "French" Enlightenment. As yet not enough people realize they are, or find themselves, so obviously adversly impacted to raise that vital question - why?

As a result we now live with a "law" of rules rather than the rule of Law.


Posted by RRS at January 13, 2009 12:03 PM
The government does have a role in making sure that there are no cartels, collusion, market rigging

The existence of central banks guarantees the existence of banking cartels. When the Federal Reserve was set up in the US, it didn't have to be forced on the bankers. They were all for it. They wanted it to cartelize high finance.


Posted by M at January 13, 2009 12:36 PM

Not forgetting the costs those regulations create, making it more difficult or impossible for new entrants thereby creating the too big to fail problems.

As for regulations in financial markets, at my very low level, I had to take tests about subjects with absolutely no relevance whatsoever to what I do. The only saving grace was that they were online so I could do them at work. They were such a waste of my time that I would be at a loss to tell you what most of them were about. But somewhere in my firm, a jobsworth was able to tick a box so that another jobsworth at some government agency could tick another box.

That the real cancer.


Posted by Monoi at January 13, 2009 03:39 PM

Johnathan -

I understand your point, although when the Blmbg writer is talking about globalized crisis I think he's referring to not just the interlinkage of credit markets (which have been linked for quite a long time) but to the globalized linkage of design, raw materials, and finished materials supply and manufacturing operations which are now intertwined in a way they were not in the past. Money has been intertwined for some time, but a country's manufacturing base used to be housed within its own borders (and when I talk borders I'm including imperial borders). We've sent much of our manufacturing base to China and Mexico, and that is very different from the 30's.


Posted by James at January 13, 2009 05:00 PM

I thought the myth of unregulated global capitalism was the idea that it has ever existed - I guess I have some catching up to do :)


Posted by Paul at January 13, 2009 05:46 PM

... markets were in fact more globalised 100 years ago than they are now.

In labour they certainly were. Migration was physically difficult and expensive, but it was broadly permitted.


Posted by guy herbert at January 13, 2009 07:12 PM
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