Just a few weeks ago we commented on the vast amount of regulation that strangles the U.S. economy. Well, the U.S. Chamber of Commerce has warned that the US could lose its leading position in global capital markets if it does not reform its regulatory environment.
We’d note that the problem with our market economy is that it is no longer truly a free market. To the degree that it is capitalism, it is better described as a form of parasitic capitalism - -a new-era blend of quasi-fascism and mercantilism. On one hand the largest players in the U.S. economy are best equipped given they have the critical mass to deal with the extra burdens — on staff the have the necessary swarm of attorneys and administrative personnel to more easily absorb such hindrances.
Smaller firms naturally have greater problems, especially those that prefer to remain lean and mean — or startups, for that matter.. A new regulation can be all the difference — the breaking point where startup costs are prohibitive to entry, where new employees are required, or requiring rises in prices. New compliance regulation actually can be a competitive advantage for larger firms, while smaller ones are hamstrung. Consequently, compliance with regulation is itself a huge billion dollar industry — money that could largely be spent better in other places.
From our own perspective as asset managers, we find a great deal of regulation to be geared towards proving no crimes are committed, and that satisfactory oversight is in place to make sure no crimes are committed. That no crimes are or ever have been committed is no longer sufficient. Hours each day must be devoted to providing a detailed paper trail proving such, and is the exact reverse of what is understood as the U.S. justice system. We are treated guilty until proven innocent. Needless to say, our industry is not alone
There need only be an “i” wrongly dotted or a “t” not crossed to find oneself guilty not of any real crime against a citizen, but against the state’s bureaucracy. In such an environment, classic entrepreneurs are pushed aside by technocrats who excel in such environments. The irony is that anyone wishing to commit a crime can still do so by dodging the existing framework. After all, criminals by their nature do not obey the law, so why would they be bothered by a few extra regulations? The implication of such a reality is that there will always be crime by criminals unless there is a totalitarian police state monitoring every facet of everyone’s lives, and even then there is still flouting of the laws in black market economies.
Otherwise, compliance with regulation is itself a huge billion dollar industry with a massive lobby to keep business robust — money that could largely be spent better in other places. While much regulation is well intended, it must be kept in balance so that it does not kill the goose that lays the golden egg. In the U.S. the life of said goose is being slowly strangled. It should always be understood that many regulations, from top to bottom, are a luxury of advanced, freedom oriented economies and totally unsupportable by emerging and collectivist / socialist economies given their inherent inefficiency. You cannot have both freedom’s wealth and over-regulation.
Unfortunately, given the tendencies of democracies — and the growing love affair the U.S. citizen has with the pacifier of nannystatism, I can’t say I feel the prospects for the U.S. will improve until things get much worse. And even then, there are no guarantees.