Showing posts with label regulation. Show all posts
Showing posts with label regulation. Show all posts

Thursday, 27 March 2025

Klein and Thompson’s Abundance: How We Build a better Future



Can future-oriented growth restore government capability and solve scarcity?

 

It's interesting the way some books arrive at the appropriate moment. This book had its genesis in articles written by the two authors a few years ago for their respective publications in the US, The Atlantic and The New York Times, and in Abundance they argue that liberalism has not only lost the ability build and deliver projects, but liberals and progressives have prevented building necessary things such as housing, renewable energy and public transport in the US through legislation, rules and regulation. For example, environmental regulation stops replacing fossil fuels with green energy and local zoning prevents housing developments. Basically, ‘To have the future we want, we need to build and invent more of what we need.’

 

One has to be careful about terminology. In Australia and Europe ‘liberalism’ generally means limited government and less intervention, which in the US would be called libertarianism, but the book is about the US, where ‘liberalism’ means civil liberty, social justice and regulation of industry. In the US, liberals and progressives are left or centre-left and opposed to conservatives on the right or centre-right (although these days the centre in the US is much diminished). Klein and Thompson say ‘a politics of abundance … asks what it is that people need and then organizes government to make sure there is enough of it … sometimes governments has to get out of the way, as in housing. Sometimes it has to take a central role.’

 

The majority of the book looks at the problems and issues involved in the social and political economic issues of housing, energy, health, and innovation. The problems of slower development and less delivery are well-known, and the outcome is various forms of scarcity: too little new housing, energy, medicines, infrastructure and technology. Klein and Thompson say ‘For years, we knew what we needed to build to alleviate the scarcities so many faced and create the opportunities so many wanted, and we simply didn’t build it.’

 

Klein and Thompson focus on the supply-side of the economy and believe economic growth should be revived before it is redistributed. They show the Biden administration loaded the CHIPS and Science Act with requirements to favour minority, veteran and female-owned businesses, and its industrial policy became hamstrung with red tape. They believe the major challenges of the twenty-first century, like the housing and climate crises, require a reorientation in ideas and a renewed emphasis on economic growth. 

 

One of the strengths of the book is its use of current relevant research on the issues. The authors are across contemporary thinking on these, and for those who are not engaged with policy debates this will be a valuable introduction. For those who follow these issues, there might not be much in the way of new information, however, that does not detract from the overall usefulness of these chapters [1].

 

There are many examples of the problems. They start with the housing crisis, where housing scarcity is due to restrictive zoning, regulations, requirements, and community veto, which collectively prevent housing from being built where it is most needed and raise house prices. In the US, cities and states with Democrat Party (i.e. progressive) administrations build so little housing that it has become unaffordable, while Texas, a state known for fiscal conservatism and a libertarian attitude toward business, has led in building both green energy and affordable housing. Exclusionary zoning laws and the right to appeal development proposals have prevented building of new housing in states run by progressives. 

 

California features in the examples. In one the only way to build a new social housing project in San Francisco with 145 studio apartments for chronically homeless people was to reject government funding and rely on private philanthropy, because that did not come with costly requirements to employ minority-owned or woman-owned contractors and meet onerous building standards. Another is California’s failure to build high-speed rail, after decades of development and billions of dollars in funding, in part because federal funding was tied to measures to reduce air pollution in poor communities, which determined where work started. 

 

Progressive policies have reduced the ability to build because environmental laws (in the US) allow anyone totake developers to court add delay, uncertainties, and cost to projects. The role of the National Environmental Policy Act is the most important issue here. While this legislation may have originally been intended to reduce pollution and prevent new fossil fuel power plants opening, they are now used to prevent new housing, solar farms and transmission lines, as permitting across state lines runs into the localism that also stops housing projects. The abundance approach emphasises enabling supply of these economic inputs such as energy, housing, transport and skilled workers, and making them plentiful and cheap.

 

Klein and Thompson advocate focusing on outcomes and outputs instead of processes, procedures and inputs, on how much actually gets built as a result of government spending rather than the amount of spending. They say the ‘big government-small government divide is often more a matter of sentiment than substance’ and their solution is to break through coordination problems.

 

The book also discusses funding for research in health and science. The first problem here is the process of grant application and assessment, which has ended up with a lot of ‘safe’ research on well-understood topics that does not produce breakthroughs. Not funding research with a high risk of failure also excludes new ideas that could lead to major new treatments or inventions. The second problem is that research funding has become process-driven, with up to half researcher’s time and money going on applying and reporting, rather than actually doing research. The third problem is the poor track record of turning inventions into products and industries in the US, where solar cells and microchips were invented but production is now in China and Taiwan. ‘The US needs a plan to build what it invents.’

 

Some of the most interesting parts of the book are on successful programmes run by governments during crises or emergency situations. Two examples are the development of penicillin in World War 2 and the rollout of vaccines during the COVID pandemic. Both show that the ‘mythology of invention’ as ‘eureka moments’ of discovery is wrong. Klein and Thompson argue ‘Politics should take technology more seriously. Innovation can make impossible problems possible to solve, and policy can make impossible technologies possible.’

 

The fortuitous discovery of penicillin in 1928 is often cited as one of the most important scientific developments of all time. However, ten years later there was no method to manufacture penicillin in bulk and only a handful of patients had been treated, some of whom died. In 1941, the U.S. government was looking for medical technology that would be useful during the World War, and they picked up the UK invention of penicillin and created a large team of scientists, technologists, and engineers to develop methods of mass production and distribution. The number of lives saved since the 1940s may be ‘hundreds of millions, if not billions.’ The lesson of penicillin is that ‘implementation, not mere invention, determines the pace of progress.’

 

The second example is Operation Warp Speed, which shortened the development time for a new vaccine from 10 years to 10 months in 2020. Again, this took a large team of many specialists, but the success of the programme was due to the removal of barriers to development such as extended trials and grant funding processes. Solving the science of mRNA, organising clinical trials, manufacturing and distributing the vaccine was all done by industry, but the government funded and coordinated the process, bought the vaccines, then provided them for free. The pandemic and its aftermath provide another lesson on the importance of government capability, from managing test kit distribution to vaccine deployment. 

 

It is not until the penultimate chapter that the book gets to the solution to the problems. In a section called ‘The Bottleneck Detective’ the authors argue is that government has to identify and remove the barriers to progress that have been created over the last few decades, ‘to recognize that wise policy begins with an investigation rather than an ideology.’ Sometimes this is about removing restrictions, sometimes it requires new programs, sometimes prizes or incentives like advanced market commitments will work (i.e. committing to buy a new product to accelerate its development, like vaccines or green cement). 

 

Although it is clear there are coordination problems in research grants, public administration, rules and regulations on energy, infrastructure and housing, the problems are distinct and different in each case, and they each have vested interests that will oppose any reforms. Can committing to future-oriented growth be the solution? Can government’s ability to act be restored? What is the right balance between a market- and state-led approach? 

 

One problem with the book is it focuses exclusively on the United States and how these issues are playing out between blue Democrat and red Republican states, where the economies of red states like Texas and Florida have grown significantly faster over the last few years than blue states like California and New York. Abundance is directed at progressives in the US, and wants to make it easier for the federal government there to do big things. That is understandable because, firstly, the authors are American, and secondly, how these issues managed in the US is highly specific and particular to that country. On the other hand, it's not like other places in Europe and Australia don't have similar difficulties in resolving these issues.

 

A second problem is a lack of detail on how, and how much, Klein and Thompson want to change regulations affecting infrastructure and housing developments. It is one thing to acknowledge the trade-offs required, but they do not go into details about how or which environmental laws should be amended and how NEPA should be revised. They say ‘What is needed here is a change in political culture, not just legislation.’ A change to less regulation and more growth is a challenge to the degrowth movement’s objectives, NIMBY objections to more housing in affluent suburbs, and conservationists opposing solar and wind farms. The ‘book has offered a critique of the ways that liberals have governed and thought over the past fifty years. It also reflects an opportunity open to liberals now.’  

 

The Abundance agenda of ecologically friendly economic growth, regulatory reform, more public investment in housing, infrastructure and technological progress, is an attractive idea. It will not appeal to anyone on the further extremes of the left or the right. Critics on the left will argue this undermines social democracy and the welfare system, and deregulation favours corporate interests. Critics on the right will argue it is anti-market, that building state capacity is about big government and managing the economy. Neither are accurate. 

 

There is, however, is something of a disconnect in Klein and Thompson’s agenda, and how to reconcile the deregulatory emphasis of Abundance with increasing government’s ability to develop policy and deliver projects will be an ongoing debate.  They conclude ‘What we are proposing is less a set of policy prescriptions than a new set of questions around which our politics should revolve. What is scarce that should be abundant? What is difficult to build that should be easy? What inventions do we need that we do not have?’ Their answer is to confront the reasons for scarcity, to increase supply, and to turn away from a politics of scarcity toward a politics of abundance. 

 


 

Ezra Klein and Derek Thompson, 2025.  Abundance: How We Build a better Future, Avid Reader Press/Simon & Schuster. 

 

 

 

 

[1] Two other books recently published on the issues in the US raised in Abundance are Why Nothing Works: Who Killed Progress—and How to Bring It Back by Marc Dunkelman, which mainly looks at building and infrastructure projects, and Stuck: How The Privileged and the Propertied Broke the Engine of American Opportunity by Yoni Appelbaum, on the decline in social mobility.

 

 

 

Thursday, 1 February 2024

Review of Richard Langlois' The Corporation and the Twentieth Century

 Langlois, R. 2023. The Corporation and the Twentieth Century: The history of American business enterprise, Princeton University Press. 


 

An exhaustive, detailed history of US business that continues Richard Langlois long-running dialogue with Alfred Chandler’s work on managerial capitalism. Ranging across all major C20 industries like railways, automobiles, aircraft, electrical appliances and computers, and loosely organised into periods of a couple of decades covering pre WW1, pre WW2, post WW2, stagflation and the final decades, each chapter looks at the political context, the development of key industries and the relevant technological innovations that drove the process: ‘It has been a central theme of the book that the large integrated corporation in the twentieth century owed its rise to prominence in significant part to the eclipse of the market and the growth of state power during the Depression and the World wars’ (p. 478). In the 1980s the wheel turned, market forces began to reassert themselves, new corporate structures emerged, and the boundaries of the firm shifted again. 

 

A focus of the book is the effects of regulation on industry. The early contest between Populists and Progressives that played out in anti-trust cases and Supreme Court decisions often led to regulations ‘misaligned’ with technology and market opportunity. In many cases consumer interest was secondary, with lower prices seen as evidence of anti-competitive behaviour as ‘American regulatory policy worked to segment markets, generally along lines of supply technology not market demand’ (p. 466). 

 

The institutional origins of regulators in key industries and their role in creating and maintaining cartels or oligopolies contradicts the view that the US favoured large corporations. In fact, the large, vertically integrated firm was an outcome of legal constraints on contracting that were intended to favour small businesses but had the opposite effect. Many regulated firms then underinvested in maintenance and innovation, leading to spectacular collapses like Penn State Railroad, Chrysler Corp and Pan Am, and the demise of other once great corporations like IT&T, RCA, Westinghouse and US Steel.

 

The role of technological opportunity, R&D and innovation is emphasised, battles over patents and standards discussed, and how disruptive tech eventually overcame regulatory barriers in industries like transport (containerisation and air freight), radio (AM and FM) and TV (broadcast networks and cable). Disruption in computing (transistors and integrated circuits), manufacturing (consolidation and lean production) and the near death experiences of IBM, Apple and GE are detailed: ‘The most disruptive new entry has often come not in the form of a small start-up but a large firm in a related area’ (p. 549). 


Intellectual contests of ideas and the increasing use of economics in regulation get short, non-technical explanations. Important business leaders and given credit when due and their failures dissected. For those interested in regulation and the role of government agencies, business history, and the interplay of technology and industry, this is a great read. 






Friday, 17 November 2017

Australian Competition Commission Investigating Construction

Increasing Focus on Building and Construction



In early 2017 the Australian Competition and Consumer Commission (ACCC) put the building and construction industry on its priority list, which identifies industries where the ACCC believes there are sufficient reasons for more intensive monitoring and investigation. As with any regulator the ACCC has limited resources, so this list indicates where those resources are being directed. In particular, unfair contract terms and misconduct were targeted as part of the key enforcement and compliance priorities for 2017.

The ACCC is an independent Commonwealth statutory authority responsible for enforcing consumer protection and fair trading laws and for promoting competition under the Competition and Consumer Act 2010. The ACCC investigates and prosecutes cartels and other types of anticompetitive conduct. Recent investigations by the ACCC into the industry include a 2015 inquiry into price fixing and cartel conduct in the Canberra construction industry and proceedings against the Construction, Forestry, Mining and Energy Union for secondary boycott conduct.

Whatever the ACCC has on the building and construction industry led to the establishment of a Commercial Construction Unit, a 14-member specialist unit to investigate alleged anti-competitive conduct in the commercial construction sector. In a press release ACCC chairman Rod Sims said the unit would allow the watchdog to focus on conduct of construction industry participants that might raise concerns under federal competition and consumer law: “The types of construction industry participants that could potentially be investigated by the unit include builders, subcontractors, unions and industry associations. The ACCC is aware that conduct in this sector has raised serious allegations of misconduct over a number of years. The unit enables a strategic focus to be given to work in this sector.

In a speech earlier this year, when the unit and its work was disclosed, Rod Sims said “We have some continuing investigations and we will put additional resources into some of those matters, and additional inquiries we have been scoping, to investigate fully some serious allegations of anti-competitive conduct.” Over 2017 the number of people in the unit has increased.

There are as yet no details of the work of the unit, led by Jane Lin, or any current investigations. However, the unit has been funded as part of the Government’s response to the 2015 Royal Commission into Trade Unions, whose report was covered in this post, which found serious issues of illegal conduct by both unions and contractors, and involvement of organized crime in the industry.

There has also been a Memorandum of Understanding signed between the ACCC and the Australian Building and Construction Commission (ABCC), another independent statutory authority, established after the royal commission by the Building and Construction Industry (Improving Productivity) Act 2016. The ABCC is primarily responsible for industrial relations and has successfully prosecuted a number of construction union officials.

The ACCC and the ABCC both have regulatory roles and responsibilities in relation to building and construction, and the work of the agencies is often complementary as they are both concerned with monitoring and reporting on the industry. The MOU identified issues where they intend to work together as:

(a) compliance with the CCA by building contractors and subcontractors covered by the Code for the Tendering and Performance of Building Work 2016 (Building Code)
(b) collusive tendering by building contractors and subcontractors covered by the Building Code
(c) other restrictive anticompetitive agreements between participants in the building and construction sectors
(d) unfair contract terms and security of payment compliance.

With the background of the Royal Commission report and the ongoing ABCC cases against the CFMEU and/or officials, the ACCC will also continue to pursue the union. Nevertheless, the Royal Commission produced plentiful evidence of illegal behaviour by contractors and developers, so the ACCC can be expected to pursue those lines of inquiry too.  

Monday, 10 April 2017

Corruption Legislation in Australia



SUBMISSION TO THE SENATE STANDING COMMITTEE ON EDUCATION AND EMPLOYMENT
INQUIRY INTO FAIR WORK AMENDMENT (CORRUPTING BENEFITS) BILL 2017





Introduction

The Final Report of the Royal Commission into Trade Union Governance and Corruption by Justice Dyson Heydon found evidence of blackmail, theft, intimidation and death threats, use of motorcycle gangs and other criminal groups as hired muscle, interference in union elections and illegal agreements with employers. The Final Report highlighted poor union record keeping, false invoicing and destruction of documents, union ‘rubber stamp’ committees which failed to enforce rules, payment of large sums by employers to unions for dubious ‘training’ schemes and ‘services’, and influence peddling in the Labor Party through inflation of union membership figures. The sums of money involved were also significant, with many officials benefiting from their positions through fraud or theft from the union or through arrangements with employers for work on properties owned by officials.

Based on that evidence over 40 people, unions and companies were referred to various authorities for possible prosecution, including police and public prosecutors, the Australian Securities and Investments Commission (ASIC) and the Fair Work Commission. Some of the large private companies caught up in the inquiry were Thiess, John Holland, ACI, Downer EDI, Cbus, Winslow Constructors and Mirvac. Companies were found to have made payments to unions to get onto tender lists The Final Report, released in December 2015, had 79 recommendations, over half concerned with the regulation of unions (24) and union officials (14). The first recommendation was “Commonwealth and State governments give consideration to adopting a national approach to the registration, deregistration and regulation of employee and employer organisations, with a single regulator overseeing all such organisations throughout Australia.” This Registered Organisations Commission would have investigative powers similar to ASIC, and focus on financial compliance with new rules on management and disclosure.

This submission supports the proposed amendments to legislation by the Australian Government on registered organisations.

  
Background

Before the Heydon Royal Commission there were two previous Royal Commissions into the building and construction industry, both also led by judges. Roger Gyles headed the Royal Commission into Productivity in the Building Industry in NSW (1991-1992) and Terence Cole the Royal Commission into the Building and Construction Industry for the Commonwealth Government (2001-03). Both concluded the fundamental problem was a lack of respect for the rule of law, a phrase found repeatedly throughout both final reports, and this was a problem on both the employer and union sides. Cole said Culturally, first, there needs to be recognition by all participants that the rule of law applies within the industry” and Gyles suggested those who break the law should be punished.

Gyles also said “Observance of the law and law enforcement in general play very little part in the industry. The law of the jungle prevails. The culture is pragmatic and unprincipled. The ethos is to catch and to kill your own … Once it becomes acceptable to break, bend, evade or ignore the law and ethical responsibilities, there is no shortage of ways and means to do so.” Gyles found illegal activities "range from physical violence and a threat of physical violence at one end to petty pilfering of building materials at the other. In between there is a great variety of illegal activities, essentially economic in nature or effect, from collusive arrangements involving giant corporations and industry associations to labour-only subcontractors paying small amounts of graft to project managers. Those involved range from managing directors of large corporations to labourers on site. No sector of the industry has been immune.”

Ten years after Gyles the same problems were still prevalent. In his final report Commissioner Cole envisaged an industry where disputes are resolved in accordance with legislated or agreed dispute resolution mechanisms rather than by the application of industrial and commercial pressure. The rule of the law must replace industrial might.” His view was “These findings demonstrate an industry which departs from the standards of commercial and industrial conduct exhibited in the rest of the Australian economy. They mark the industry as singular. They indicate an urgent need for structural and cultural reform. At the heart of the findings is lawlessness. It is exhibited in many ways.” The final report proposed an Australian Building and Construction Commission to monitor illegal behaviour by unions.

It is worth asking if the recommendations of the Gyles and Cole Commissions, the other State efforts and their codes of conduct, had all been implemented and followed through, would a third Royal Commission have been necessary? While the recommendations from Gyles and Cole did become legislation, and Heydon’s are in process, perhaps the real underlying issue that should be addressed is why the building and construction industry operates the way it does. None of these Royal Commissions produced a vision of a different industry, apart from a law abiding one, and made no recommendations on the direction that strategic development of the industry might take.

The three Commissioners agreed the problem is a culture of lawlessness, and the three inquiries found widespread illegal behaviour by both union officials and contractor managers. Their recommendations, in various ways, focused on increased regulation and enforcement through legislative action. In this they had “well developed and precise views”. However, while necessary, increased regulation does not address the issue of why the building and construction industry has such a culture and the causal factors at work in creating this culture.

Construction has a reputation for corruption and collusion, and is ranked by Transparency International as the world’s most corrupt industry, mainly due to issues in developing countries. But this is also a problem across countries in the OECD, not just for Australia, because many countries have found entrenched anti-competitive practices and criminal involvement in the industry. For example, the 2015 Charbonneau Commission in Canada into awarding of public contracts in Montreal concluded corruption and collusion are "far more widespread than originally believed" and organised crime had “infiltrated” the industry. The Commission revealed complex webs of collusion with sophisticated mechanisms’ for extracting funds from public construction projects. Politicians, high level public officials, consultants, and contractors were all involved.


Project Preparation and Procurement

The current approach to procurement of building and construction projects by both public and private clients facilitates corrupt payments by allowing the increase in project costs they cause to be hidden in tender bid prices or claims for reimbursement. This is primarily due to clients’ under-investing in project preparation in the initiation phase, as they seek to minimise the design costs of a feasibility study. Because many projects are then put to tender with incomplete documentation, their cost cannot be estimated accurately and tenderers have to add a significant risk premium to their bids.

Project costs cannot be accurately estimated without detailed design and engineering specifications, and high cost estimates allow the later diversion of funds. On the other hand, incomplete design can lead to estimates below project costs, with consequent claims and disputes obscuring the eventual recipients of funds. Contractors’ claims for reimbursement can lead to significant cost increases, and an unscrupulous contractor will also cheat on materials, compromise on quality, and deliver below the specification, resulting in poor quality assets with high maintenance costs.

Failures in project preparation opens up opportunities for corruption during the later stages of a project. For example, inadequate project preparation may lead to subsequent implementation delays and work changes that can be manipulated to benefit individuals or companies. The preparation stage is likely to facilitate corruption during construction when failures at this stage are opportunistic or deliberate. Incomplete design inevitably requires adjustments after the work has started, although many are due to unexpected events and circumstances. However, starting without a complete plan opens the door to post-contract negotiation and opportunistic behaviour.

To improve project preparation both public and private sector clients would have to take more responsibility for project initiation and definition, and employ larger and more capable client teams to manage their projects’ procurement and delivery strategies. The cost of a client project management team is not an added extra to the project, and the task is essential if the scope for collusive and corrupt behaviour in the building and construction industry is to be reduced.