Theme 3.6 Flashcards

1
Q

What do the Competition and Markets Authority (CMA) work to achieve?

A

The ​Competition and Markets Authority (CMA) ​work to promote competition for the benefit of consumers and investigate mergers and breaches of UK and EU competition law, enforce consumer protection law and bring criminal cases against individuals who participate in cartels. They are able impose financial penalties, prevent mergers taking place and force businesses to reverse actions already taken.

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2
Q

How are mergers controlled in the UK and when will they be investigated?

A

● In the UK, mergers are assessed in terms of the specific circumstances of each case, considering whether there will be a ​substantial lessening of competition ​(SLC). The CMA will consider the likely competitive situation if the merger goes ahead compared to if it does not, and the merger will be approved if its potential benefits are greater than its cost.
● A merger is investigated if it will result in market share greater than 25% or if it meets the turnover test of a combined turnover of £70 million or more.

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3
Q

What is the aim of controlling mergers?

A

● The aim of preventing two large companies merging is so they do not ​exploit their customers by raising price, offering poorer quality service and reducing choice. It can prevent firms from gaining monopoly power.
● However, the problem is that ​very few mergers are investigated ​each year. The CMA can suffer from regulatory capture and may not have all the information necessary to make a decision.

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4
Q

What are examples of mergers which the CMA allowed or blocked?

A

Tesco’s takeover of Booker was allowed as the CMA believed the impact on competition would not be too high since supermarkets are in a hypercompetitive industry.
However, the European Commission blocked the merger of Ryanair & Aerlingus in 2010 as they would control more than than 80% of all Europe flights from Ireland.

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5
Q

Why do governments want to control monopolies?

A

Holding a dominant position in an industry is not wrong in itself but if the firm exploits this to stifle competition, they are deemed to be anti-competitive. Monopolies are allocative and productively inefficient and so it can be argued that they need to be controlled. Most of this regulation occurs for utilities, which are natural monopoles.

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6
Q

What is price regulation?

A

● Regulators can set price controls to force monopolists to charge a price below profit maximising price, using the RPI-X formula. X represents the ​expected efficiency gains of the firms and the aim is to ensure firms pass on their efficiency gains to consumers. ​This is used in the airport industry.

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7
Q

How does price regulation occur in the water industry?

A

They use ‘RPI-X+K’​, where K represents the level of ​investment​. This is used in the water industry and has allowed investment of £130bn.

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8
Q

What are the benefits of price regulation?

A

-It gives an incentive for firms to be ​as efficient as possible as if they can lower costs by more than X they will enjoy increased profit.
-It ​prevents excessive prices and ensures that gains are passed onto the consumer. This ensures that the deadweight loss to society will be as low as possible.
-Will also likely increase the output of goods with positive externalities.

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9
Q

What type of monopoly is price regulation often used on?

A

Natural monopolies, such as in the energy market. Prices are capped so that consumers aren’t exploited by extremely high energy costs, and it also helps to control inflation as rising energy costs will increase the costs of production in all industries.

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10
Q

What are the disadvantages of price regulation?

A

-The problem is that it is difficult to know where to set X due to rapid improvement in technology and because any information on what the efficiency gains will be have to come from the firm, who could easily lie as there is ​asymmetric information​. As a result, there may be sudden price falls or rebates for customers, for example ​the water industry was forced to cut prices by 10% in 2000.
-May also cause negative impacts on competition, as if the price is set too low new firms who cannot benefit from economies of scale will be able to make very little profits due to having high costs.

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11
Q

Where is the regulatory price often set?

A

The allocative efficient price, where AR=MC. This means there is no deadweight loss to society and ensures prices are as close to where they would be in a competitive market. Doing this will cause productive efficiency to be sacrificed however, and may lead to dynamic inefficient as a result.

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12
Q

How can maximum prices be used in price regulation?

A

Moreover, ​maximum prices ​could be set where the price is equal to the MSC, ensuring monopolies are ​allocative efficient​. However, it is difficult for governments to know where they should set the price as they do not know the exact allocative efficient output. It can also increase dynamic inefficiency as firms are unable to maximise profit so may not invest.

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13
Q

What is profit regulation?

A

In the ​USA, ​‘rate of return’ regulation is used where prices are set to allow coverage of operating costs and to earn a ‘fair’ rate of return on capital invested, based on typical rates of return in a competitive market.

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14
Q

How is profit regulation calculated?

A

They do this by calculating the firms total costs & then adding a percentage of profit to it

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15
Q

What are the disadvantages of profit regulation?

A

-Costs are difficult for the CMA to calculate
-Firms often try to inflate their perceived costs so as to make more profit than allowed
-Monopolies have no incentive to lower costs if they have already made their maximum legal profits, so if costs are higher than they would be in perfect competition consumers still end up paying higher prices
-Even with this policy in place, natural monopolies seem to post record profits year on year

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16
Q

What are the benefits of profit regulation?

A

This aims to ​encourage investment ​and prevents firms from setting high prices. However, it gives firms an incentive to ​employ too much capital in order to increase their profits.

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17
Q

How can governments use quality standards to regulate monopolies?

A

-One way to maximise profit is to reduce the quality of the raw materials which reduces the quality of the end good/service
-If there are no substitutes then this is a likely outcome
-Regulators can step in to insist that certain quality standards are met

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18
Q

What are examples of quality standards being introduced?

A

-The ambulance service must respond to at least 75% life-threatening 999 calls within 8 minutes.
-The Royal Mail universal standard obligation

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19
Q

What are the disadvantages of quality standards?

A

-The problem is that it requires​ political will and understanding​ to introduce.
-It can be difficult for them to know what the potential quality of a product is or what standards to impose

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20
Q

What are performance targets?

A

● Regulators can introduce ​yardstick competition​, such as setting punctuality targets for train operating companies based on the best-performing European train operators. It is also possible to split up a service into regional sectors to ​compare the performance of one region against another​; ​this is used in the water industry​.
● They could set targets over price, quality, consumer choice and costs of production. It will help firms to improve their service and lead to ​gains for customers.

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21
Q

What are the disadvantages of performance targets?

A

-The problem is that firms will ​resist the introduction of targets, so again it requires political will and understanding.
-They will also attempt to find ways to ​meet targets without actually improving​, for example changing train timetables to prevent trains officially arriving late.
-Can result in unintended consequences, e.g if there is set amount of GP appointments needed per hour, doctors could incorrectly diagnose patients as they’re rushing.

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22
Q

What is an example of an industry where performance targets are used?

A

The rail industry. They have targets of trains arriving in time, but in 2014 Network Rail missed 11/44 performance targets, and only 89.1% of trains arrived on time, meaning over 50,000 services were late.

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23
Q

What often has to occur for performance targets to be effective?

A

The government need to ensure that fines and other deterrents are strong enough that firms at least work to ensure targets are met.

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24
Q

How can windfall taxes help regulate monopolies?

A

If monopolies have made extremely high profits, then after these have been made taxes can be imposed to take them away. This will discourage monopolies from exploiting workers if they know it will likely result in profits being taxed away. Firms may begin to underreport their profits to avoid these taxes.

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25
Q

How can breaking up the monopolist regulate monopolies?

A

The government can split monopolies up into competing units, which should therefore lead to lower prices and profits as well as greater consumer choice. However, if this means economies of scale can no longer be used, prices could even rise for consumers.

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26
Q

How can subsidies be used to regulate monopolies?

A

In order to achieve allocative efficiency, the government could subsidise monopolies. This will reduce their MC and encourage them to produce at the point where MC equals the price. Subsidising monopolies would likely be very politically unpopular, and therefore this is unlikely to occur.

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27
Q

How can self regulation help regulate monopolies?

A

When monopolists come under threat from regulators, they will suggest that they can regulate themselves through codes of practice. Although this is beneficial for governments as they don’t have to spend time and money regulating themselves, monopolies will often be very lenient with the amount of changes they force themselves to make.

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28
Q

How can reducing barriers to entry regulate monopolies?

A

Reducing barriers to entry and using merger policies will prevent monopolies being formed in the first place. For natural monopolies, nationalisation can be used to protect consumers, where privatisation can increase efficiency, lowering costs.

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29
Q

What methods can be used to control monopolies?

A

-Price regulation
-Profit regulation
-Quality standards
-Performance targets
-Windfall taxes
-Breaking up monopolists
-Subsidies
-Self regulation
-Reducing barriers to entry
-Nationalisation/privatisation

30
Q

What is an example of price regulation?

A

An example of price regulation is in the water industry, where firms such as Thames Water must keep their prices below a certain point in order to not exploit consumers. However, they often invest in capital improvements which may not always be necessary, causing costs to rise, and therefore the prices they can charge have increased by upwards of £80 a year for all consumers.

31
Q

What is an example of profit regulation being used?

A

In the energy sector. This mechanism has been used by allowing energy companies to make more profits through the use of greener, renewable energy sources. This means that rather than firms not trying to minimise costs, they have dynamic efficiency by investing in green technology as maximising these profits will allow for more SNP than is legally allowed to be made through the use of fossil fuels.

32
Q

What other strategies can the CMA implement other than blocking mergers?

A

-Maximum prices
-They may allow a merger, but only on the condition the merger sells some of its assets
-Have watchdogs to heavily monitor the quality of the services being produced.

33
Q

Why was the Sainsbury’s and Asda merger blocked by the CMA?

A

The CMA felt that it would cause motorists and consumers to become worse off due to rising prices, less choice and a reduction in quality. It would also cause motorists to pay higher petrol prices in 125 locations where Asda and Sainsbury’s petrol stations are close together.
-The merger would cause their market share to increase to 29%, overtaking Tesco (27%) to become the biggest supermarket in the UK.

34
Q

What is the impact of discounters (Aldi and Lidl) on the Sainsburys Asda merger rejection?

A

If the merger was to be reconsidered now, the rise in popularity of Aldi and Lidl, with Aldi now overtaking Morrisons to become the 4th largest UK supermarket may allow the merger to go ahead. This is because it would ensure prices are kept low, and quality remains at a high standard. Furthermore, the merger would likely lead to economic growth, which would be highly beneficial for the UK economy in the current low productivity conditions.

35
Q

What are the 5 main functions of the CMA?

A

-Investigate mergers which could cause a substantial lessening of competition (SLC)
-Investigate markets to assess particular markets which have competition problems
-Investigate potential breaches of UK of EU rules on anti-competitive agreements.
-Bring criminal charges to cartels found guilty of collusion
-Protect consumer prices, choice and product quality

36
Q

Why is it important for the CMA to identify the relevant market they are investigating?

A

Until the market scope has been decided, it is impossible to assess the market share a firm holds. This is usually defined as the market scope in which no major substitutes are omitted from the market, but no non-substitutes are considered.

37
Q

What is deregulation?

A

This is the ​removal of legal barriers to entry to a previously protected market to allow private enterprises to compete. This will ​increase efficiency in the market by allowing greater competition as more firms can enter and conduct more activities than they could before. ​The Deregulation Act of 2015 aims to continue deregulation.

38
Q

What is a potential negative of deregulation?

A

However, it can have some negative effects, leading to ​poor business behaviour​. Licenses for specific industries are necessary to ensure standards are upheld. Some have argued that the deregulation of financial markets was a major contributor to the financial crisis in 2008.

39
Q

How can competitive tendering promote competition and contestability?

A

-The government can ​contract out the provision of a good or service to private companies ​e.g. private firms could be employed to run hospitals. These are called ​Private Finance Initiatives (PFI)
● Competition can be introduced into the market as the government will request competitive tenders by drawing up a specification for the good or service and inviting private firms to bid for the contract to deliver it. The firm offering the lowest price wins the contract, subject to quality guarantees.

40
Q

What is the main benefit of competitive tendering?

A

This helps to ​minimise costs for the government and ensures efficiency by allowing for competition in the market. The private sector will have ​more experience running the projects, so it is likely they will be better managed

41
Q

What are the potential negatives of competitive tendering?

A

it may not always be the most cost effective way and the process of collecting bids is ​costly and time-consuming​. The private sector may not aim to maximise social welfare in the same way the government would and could use cost-cutting methods that ​reduce quality​.

42
Q

What is Privatisation?

A

Privatisation is the sale of government equity in nationalised industries or other firms to private investors. ​The aim is to revitalise inefficient industries but can sometimes lead to higher prices and poor services.

43
Q

What are the advantages of privatisation?

A

-It encourages ​greater competition​, which reduces X-inefficiency and ensures low prices and high quality as firms realise they need to be competitive.
-● Managers become more accountable​, since they know poor performance will mean a fall in share prices and/or shareholders wanting them to be replaced.
● In both the long and short run, it can ​reduce the public sector net cash requirement (PSNCR) as the initial sale of shares raises revenue for the government and they no longer have to cover any of the firm’s losses with subsidies.
● It ​reduces government interference which some see as a benefit in itself. This also means that firms can ​invest with greater certainty​, instead of worrying about change when a government is elected every 5 years.
● It puts ​utilities into the hands of the people​, since they can own shares. Workers will be more motivated as they know their hard-work will be rewarded by high dividends.

44
Q

What are the disadvantages of privatisation?

A

-when there are natural monopolies it may be fairer for the government to own the firm since they won’t ​abuse their monopoly position​.
● Some people argue that ​industries such as electricity, water and transport are important ​because they directly affect the success of other industries, and so therefore it makes more sense for the government to own them in order to coordinate them properly.
● There are problems over ​externalities and inequality.
● Some argue that it ​negatively affects the government budget deficit as firms are under-priced
when they are sold and the government no longer receives a firm’s profit.

45
Q

What is competitive tendering?

A

This is a process by which the public sector calls for private firms to bid for a contract for provision of a good or a service. The contract would be announced and firms are invited to put in bids, outlying the quality of the service they’re willing to provide, and at what price. The local authority then choose the most competitive bid in order to maximise efficiency.

46
Q

What is contracting out, and what is an example of this?

A

This is a situation in which the public sector places activities in the hands of a private firm and pays for the provision.

An example would be waste disposal, where local authorities may issue out a contract for a firm to provide the necessary waste disposal service.

47
Q

What is a public-private partnership?

A

This is an arrangement by which a government service or private business venture is funded and operated through a partnership of government and the private sector. The most common model is the Private Finance Initiative (PFI).

48
Q

What is the Private Finance Initiative (PFI)?

A

Launched in 1992, it is a funding arrangement under which the private sector designs, builds, finances and operates an asset and associates services for the public sector in return for an annual payment linked to its performance in delivering the service.

49
Q

What is the aim of PFI?

A

The aim of PFI is to improve the financing of public sector projects, and reduce debts. It also enables the risk of a project to be spilt between the public and the private sector, which was intended to enable efficiency gains to be made.

50
Q

What are the positives of PFI?

A

-Reduced pressure on public finances by enabling greater private sector involvement in funding.
-Private sector tends to be more productively efficient due to industry expertise, as well as more dynamically efficient in the long term.
-The extra investment will bring long-term social and economic benefits.

51
Q

What are the criticisms of PFI?

A

-Often has produced poor quality services and been expensive to the taxpayer if the private company was to go bust.
-May raise the cost of borrowing, interest rates on private sector borrowing is roughly 3% higher than government borrowing.
-Private sector inputs may have less incentive over health and safety issues than the government, in 2016, 17 schools were shut due to the buildings being deemed unsafe.
-A high time and monetary cost in agreeing long-term contracts

52
Q

What were some benefits caused by the privatisation of the Royal Mail?

A

-Due to being profit motivated, and since 2016 other businesses being able to deliver parcels across the nation, there is an incentive to keep prices low for consumers.
-Regulation in government influence means that plans in place to improve services can be long term, not influenced by political popularity.
-Gives the government the ability to spend more in other areas.
-Workers have an incentive to become more efficient to raise company profits, and therefore their wages.

53
Q

Why may the privatisation of the Royal Mail be a negative?

A

-Because the Royal Mail was a natural monopoly, by splitting the service into smaller sub-parts the economy of scale may be lost, increasing prices.
-Government loses the extra revenue it would gain from the service.
-Tax-payers lost out, they still have to pay for delivery but also had to cover the privatisation fees.
-Destabilisation if the requirement of ‘universal service’ (having post delivered on time for the same price no matter your location), due to postal stations in low-demand rural areas at risk of being shut down.

54
Q

What are anti competitive practices, and how are they prevented?

A

It is important that they prevent firms undertaking ​anti-competitive practices​, such as collusion and predatory pricing. ​The Enterprise Act (2002) means firms engaging in these practices can be fined up to 10% of worldwide annual sales and those who organise cartels can face up to five years in prison and unlimited fines. ​In 2011, the 9 supermarkets in the UK were found to be fixing the price of milk and cheese products and Tesco alone was fined for £10 million. The problem is that it is very difficult to prove overt collusion and almost impossible to prove tacit collusion.

55
Q

What are the impacts of government intervention?

A

● Governments are able to ​prevent monopolies charging excessive prices ​and aim to ​limit their profit.
● They can increase ​efficiency in a market by increasing competition and contestability.
● If the government runs a business, in theory, they should ​reduce prices and increase quality ​as they aim to benefit consumers.

56
Q

What are the limitations of government intervention?

A

-Lobbying power of firms
-Regulatory capture
-Asymmetric information

57
Q

What is the impact of government intervention prevention monopolies charging excessive prices?

A

Governments are able to ​prevent monopolies charging excessive prices ​and aim to ​limit their profit. They try to ensure that ​consumers pay fair prices, receive a good quality service and have a lot of choice through different methods of regulation and target setting. However, high regulation may force some firms out of the industry, which would reduce choice.

58
Q

How can government intervention increase efficiency?

A

● They can increase ​efficiency in a market by increasing competition and contestability. By regulating prices, they ensure a business keeps their costs low and so prevent X-inefficiency. They try to increase ​dynamic efficiency by encouraging investment. However, if the government regulates too strongly, they can ​push costs up​ and led to inefficiency.

59
Q

How can government intervention maximise social welfare?

A

● If the government runs a business, in theory, they should ​reduce prices and increase quality ​as they aim to benefit consumers. A public sector business is likely to be ​allocative efficient, as they aim to maximise social welfare. They will see lower costs due to ​economies of scale​. However, the government may suffer from X-inefficiency as they have no incentive to be efficient due to the lack of competition. This may push up prices and reduce the quality of a good; the private sector may have expertise and knowledge which the government might not have. The government are likely to offer ​less choice, since there is only one company producing the good.

60
Q

Why can firms having large amounts of power limit government intervention?

A

Government intervention on the whole tends to be limited because of the political power of large firms and industries as a whole. They are able to lobby the government and set up pressure groups.

61
Q

How can regulatory capture limit government regulation?

A

● This occurs when the regulator is captured by the firm/industry they are regulating. The fact that the regulator will often meet with the firm’s employees will mean they become ​more empathetic and able to ‘​see things from their perspective’​, which will remove impartiality and weakens their ability to regulate.
● Large corporations can ​invest huge amounts in learning how to play the system and in gaining the support of their regulator. It also is likely that the regulator will have worked in the sector for many years, as these people will have experience and knowledge of the industry. As a result, they will have ​personal connections with those that they are regulating and this makes it difficult for them to be unbiased.

62
Q

What is an example of regulatory capture?

A

● One example is the alleged capture of HMRC by Vodafone, who negotiated a tax reduction from £7bn to £1bn in 2009-10​.

63
Q

How can asymmetric information limit the affects of government intervention?

A

● This is where regulatory bodies have to ​use information provided to them by the industries ​when setting price targets etc. It is in the industry’s best interest to maximise their profits and so may provide inaccurate or limited information, meaning regulators are unable to set correct targets, prices etc.
● As a result, ​government failure may occur if regulation such as RPI-X or quality standards are not set correctly. The government will be unable to regulate the companies accurately.

64
Q

What is nationalisation?

A

Nationalisation is when a private sector company or industry is brought under state control, to be owned and managed by the government.

65
Q

What are the benefits of nationalisation?

A

● In the case of a ​natural monopoly​, it is better for monopoly to be run by the state as they aim to maximise social welfare rather than a private business who will maximise profits.
● The government will ​consider externalities​.
● The government will guarantee a ​minimum level of service for people who suffer
the risk of being cut off from the service, due to the lack of potential profit from
providing for them.
● Some say it would be dangerous to allow key strategic industries to fall into private
hands as this could have disastrous effects for the country.
● Investment is needed for the long term​, but in a private company investment is only short term as shareholders will see no benefit from long term investment. This may lead to a poor quality of service.

66
Q

What are the negatives of nationalisation?

A

● However, nationalised industries suffer from the ​principal-agent problem and moral hazard, as managers know that any loss they make will be covered by the government.
● They will experience ​X-inefficiency and this could cause higher prices for consumers, especially since the industry will become a monopoly.
● They will be ​influenced by government’s decisions and the government may not have enough money to invest.

67
Q

When was there an especially high amount of nationalisation?

A

Post WWII brought high levels of nationalisation and this is known as the ‘golden age, a period of high growth before a period of stagflation that led to privatisation of these same industries. It became apparent that they suffered from high losses and were X-inefficient.

More recent examples of nationalisation include the many banks who were bailed out by the government in the financial crisis, but these have now returned to the private sector.

In 2018, the Virgin Trains East Coast franchise was nationalised after it failed.

68
Q

What issues come with the NHS being a nationalised service?

A

The NHS is a nationalised industry which suffers from a lack of funding and a lack of competition, both of which lead to poor quality. They also suffer from uncertainty as spending on the NHS changes every five years with the new government; this causes problems and is something Jeremy Hunt has tried to change.

69
Q

What will occur if natural monopolies are nationalised?

A

Natural monopolies bring about the question of nationalisation. It is argued that if the industry is likely to end up as a monopoly it is better for the consumer if that monopoly is controlled by the government, who will maximise welfare. If the firm is private and decides to profit maximise, it will produce where MC=MR and therefore produce at P1Q1 and make supernormal profit of the orange area. However, if it was nationalised the firm would instead aim to maximise welfare and so would produce where AR=MC, the allocative efficient output. This would mean they produce at Q2P2 and would make a loss of the purple area. The nationalisation leads to higher output at lower prices but causes a loss for the industry, which the government would need to cover.

70
Q

How can small businesses be promoted in order to improve competition and efficiency?

A

-Small and medium sized enterprise provide nearly 60% of jobs and 50% of GDP, but after the financial crisis banks became increasingly less willing to lend to small businesses.
● The government can give training and grants to new entrepreneurs and encourage small businesses through ​tax incentives or subsidies​. This will increase competition since there will be more firms within the market, and will offer a chance for more firms to join.
● It ​increases innovation and efficiency​, since new firms are likely to provide new products and incumbent firms will no longer be able to be X-inefficient.
● The Red Tape Challenge aims to decrease regulation, particularly for small businesses. There are also schemes, such as the Enterprise Investment Schemes and Seed Enterprise Investment Scheme, which provide tax relief for people who buy shares in small companies to help them grow.

71
Q

How can the government intervene with a monopsony to protect suppliers?

A

● Monopsonists are able to exploit suppliers by reducing prices. The government can prevent these by passing ​anti-monopsony laws ​which make certain practices illegal and can introduce an ​independent regulator ​who will force monopsonists to buy fairly.
● Fines ​can be put in place for those who exploit their power and ​minimum prices may be introduced to ensure suppliers are paid a fair amount. ​Self-regulation can also be used, but this is weak.

72
Q

How can the government intervene to protect the rights of workers?

A

● The government protects employees through ​health and safety laws, employment contracts, redundancy processes, maximum hours at work and the right to be in a trade union. The government can also encourage firms to draw up ​codes of conduct​ relating to employment practice.
● The problem is that if workers’ rights are too strong, employers will be ​unwilling to take on new workers​ due to the extra cost of employing these workers.