Jun 27 JDN 2459373

In last week’s post I explained why business owners so consistently overestimate the harms of regulations: In short, they ignore the difference between imposing a rule on a single competitor and imposing that same rule on all competitors equally. The former would be disastrous; the latter is often inconsequential.

In this follow-up post I’m going to explain why ethical, responsible business owners should want many types of regulation—and that in fact if they were already trying to behave ethically and responsibly, regulations can make them more profitable in doing so.

Let’s use an extreme example just to make things clear. Suppose you are running a factory building widgets, you are competing with several other factories, and you find out that some of the other factories are using slave labor in their production.

What would be the best thing for you to do? In terms of maximizing profit, you’ve really got two possible approaches: You could start using slaves yourself, or you could find a way to stop the other factories from using slaves. If you are even remotely a decent human being, you will choose the latter. How can you do that? By supporting regulations.

By lobbying your government to ban slavery—or, if it’s already banned, to enforce those laws more effectively—you can free the workers enslaved by the other factories while also increasing your own profits. This is a very big win-win. (I guess it’s not a Pareto improvement, because the factory owners who were using slaves are probably worse off—but it’s hard to feel bad for them.)

Slavery is an extreme example (but sadly not an unrealistic one), but a similar principle applies to many other cases. If you are a business owner who wants to be environmentally responsible, you should support regulations on pollution—because you’re already trying to comply with them, so imposing them on your competitors who aren’t will give you an advantage. If you are a business owner who wants to pay high wages, you should support increasing minimum wage. Whatever socially responsible activities you already do, you have an economic incentive to make them mandatory for other companies.

Voluntary social responsibility sounds nice in theory, but in a highly competitive market it’s actually very difficult to sustain. I don’t doubt that many owners of sweatshops would like to pay their workers better, but they know they’d have to raise their prices a bit in order to afford it, and then they would get outcompeted and might even have to shut down. So any individual sweatshop owner really doesn’t have much choice: Either you meet the prevailing market price, or you go out of business. (The multinationals who buy from them, however, have plenty of market power and massive profits. They absolutely could afford to change their supply chain practices to support factories that pay their workers better.) Thus the best thing for them to do would be to support a higher minimum wage that would apply to their competitors as well.

Consumer pressure can provide some space for voluntary social responsibility, if customers are willing to pay more for products made by socially responsible companies. But people often don’t seem willing to pay all that much, and even when they are, it can be very difficult for consumers to really know which companies are being responsible (this is particular true for environmental sustainability: hence the widespread practice of greenwashing). In order for consumer pressure to work, you need a critical mass of a large number of consumers who are all sufficiently committed and well-informed. Regulation can often accomplish the same goals much more reliably.

In fact, there’s some risk that businesses could lobby for too many regulations, because they are more interested in undermining their competition than they are about being socially responsible. If you have lots of idiosyncratic business practices, it could be in your best interest to make those practices mandatory even if they have no particular benefits—simply because you were already doing them, and so the cost of transitioning to them will fall entirely on your competitors.

Regarding publicly-traded corporations in particular, there’s another reason why socially responsible CEOs would want regulations: Shareholders. If you’re trying to be socially responsible but it’s cutting into your profits, your shareholders may retaliate by devaluing your stock, firing you, or even suing you—as Dodge sued Ford in 1919 for the “crime” of making wages too high and prices too low. But if there are regulations that require you to be socially responsible, your shareholders can’t really complain; you’re simply complying with the law. In this case you wouldn’t want to be too vocal about supporting the regulations (since your shareholders might object to that); but you would, in fact, support them.

Market competition is a very cutthroat game, and both the prizes for winning and the penalties for losing are substantial. Regulations are what decides the rules of that game. If there’s a particular way that you want to play—either because it has benefits for the rest of society, or simply because it’s your preference—it is advantageous for you to get that written into the rules that everyone needs to follow.