Government-granted monopoly
Encyclopedia
In economics
Economics
Economics is the social science that analyzes the production, distribution, and consumption of goods and services. The term economics comes from the Ancient Greek from + , hence "rules of the house"...

, a government-granted monopoly (also called a "de jure monopoly") is a form of coercive monopoly
Coercive monopoly
In economics and business ethics, a coercive monopoly is a business concern that prohibits competitors from entering the field, with the natural result being that the firm is able to make pricing and production decisions independent of competitive forces...

 by which a government grants exclusive privilege to a private individual or firm to be the sole provider of a good or service; potential competitors are excluded from the market by law
Law
Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...

, regulation
Regulation
Regulation is administrative legislation that constitutes or constrains rights and allocates responsibilities. It can be distinguished from primary legislation on the one hand and judge-made law on the other...

, or other mechanisms of government enforcement. As a form of coercive monopoly
Coercive monopoly
In economics and business ethics, a coercive monopoly is a business concern that prohibits competitors from entering the field, with the natural result being that the firm is able to make pricing and production decisions independent of competitive forces...

, government-granted monopoly is contrasted with a non-coercive monopoly or an efficiency monopoly, where there is no competition but it is not forcibly excluded. Amongst forms of coercive monopoly it is distinguished from government monopoly
Government monopoly
In economics, a government monopoly is a form of coercive monopoly in which a government agency or government corporation is the sole provider of a particular good or service and competition is prohibited by law...

 or state monopoly (in which government agencies hold the legally enforced monopoly rather than private individuals or firms) and from government-sponsored cartels (in which the government forces several independent producers to partially coordinate their decisions through a centralized organization). Advocates for government-granted monopolies often claim that they ensure a degree of public control over essential industries, without having those industries actually run by the state. Opponents often criticize them as political favors to corporation
Corporation
A corporation is created under the laws of a state as a separate legal entity that has privileges and liabilities that are distinct from those of its members. There are many different forms of corporations, most of which are used to conduct business. Early corporations were established by charter...

s. Government-granted monopolies may be opposed by those who would prefer free market
Free market
A free market is a competitive market where prices are determined by supply and demand. However, the term is also commonly used for markets in which economic intervention and regulation by the state is limited to tax collection, and enforcement of private ownership and contracts...

s as well as by those who would prefer to replace private corporations with public ownership.

Under mercantilist
Mercantilism
Mercantilism is the economic doctrine in which government control of foreign trade is of paramount importance for ensuring the prosperity and security of the state. In particular, it demands a positive balance of trade. Mercantilism dominated Western European economic policy and discourse from...

 economic systems, European governments with colonial interests often granted large and extremely lucrative monopolies to companies trading in particular regions, such as the Dutch East India Company
Dutch East India Company
The Dutch East India Company was a chartered company established in 1602, when the States-General of the Netherlands granted it a 21-year monopoly to carry out colonial activities in Asia...

. Today, government-granted monopolies may be found in public utility services such as public road
Road
A road is a thoroughfare, route, or way on land between two places, which typically has been paved or otherwise improved to allow travel by some conveyance, including a horse, cart, or motor vehicle. Roads consist of one, or sometimes two, roadways each with one or more lanes and also any...

s, mail
Mail
Mail, or post, is a system for transporting letters and other tangible objects: written documents, typically enclosed in envelopes, and also small packages are delivered to destinations around the world. Anything sent through the postal system is called mail or post.In principle, a postal service...

, water supply
Water supply
Water supply is the provision of water by public utilities, commercial organisations, community endeavours or by individuals, usually via a system of pumps and pipes...

, and electric power
Electric power
Electric power is the rate at which electric energy is transferred by an electric circuit. The SI unit of power is the watt.-Circuits:Electric power, like mechanical power, is represented by the letter P in electrical equations...

, as well as certain specialized and highly regulated fields such as education
Education
Education in its broadest, general sense is the means through which the aims and habits of a group of people lives on from one generation to the next. Generally, it occurs through any experience that has a formative effect on the way one thinks, feels, or acts...

 and gambling
Gambling
Gambling is the wagering of money or something of material value on an event with an uncertain outcome with the primary intent of winning additional money and/or material goods...

. In many countries lucrative natural resources industries, especially the petroleum
Petroleum
Petroleum or crude oil is a naturally occurring, flammable liquid consisting of a complex mixture of hydrocarbons of various molecular weights and other liquid organic compounds, that are found in geologic formations beneath the Earth's surface. Petroleum is recovered mostly through oil drilling...

 industry, are controlled by government-granted monopolies. Franchises granted by governments to operate public transit through public roads are another example.

Patent

A patent is a set of exclusive right
Exclusive right
In Anglo-Saxon law, an exclusive right is a de facto, non-tangible prerogative existing in law to perform an action or acquire a benefit and to permit or deny others the right to perform the same action or to acquire the same benefit. A "prerogative" is in effect an exclusive right...

s granted by a state
State (polity)
A state is an organized political community, living under a government. States may be sovereign and may enjoy a monopoly on the legal initiation of force and are not dependent on, or subject to any other power or state. Many states are federated states which participate in a federal union...

 or national government to an inventor or his/her assignee for a limited period of time
Term of patent
The term of a patent is the maximum period during which it can be maintained into force. It is usually expressed in number of years either starting from the filing date of the patent application or from the date of grant of the patent. In most patent laws, renewal annuities or maintenance fees have...

 in exchange for a public disclosure of an invention
Invention
An invention is a novel composition, device, or process. An invention may be derived from a pre-existing model or idea, or it could be independently conceived, in which case it may be a radical breakthrough. In addition, there is cultural invention, which is an innovative set of useful social...

.

The procedure for granting patents, the requirements placed on the patentee, and the extent of the exclusive rights vary widely between countries according to national laws and international agreements. Typically, however, a patent application must include one or more claim
Claim (patent)
Patent claims are the part of a patent or patent application that defines the scope of protection granted by the patent. The claims define, in technical terms, the extent of the protection conferred by a patent, or the protection sought in a patent application...

s defining the invention which must be new
Novelty (patent)
Novelty is a patentability requirement. An invention is not patentable if the claimed subject matter was disclosed before the date of filing, or before the date of priority if a priority is claimed, of the patent application....

, inventive
Inventive step and non-obviousness
The inventive step and non-obviousness reflect a same general patentability requirement present in most patent laws, according to which an invention should be sufficiently inventive — i.e., non-obvious — in order to be patented....

, and useful
Utility (patent)
In United States patent law, utility is a patentability requirement. As provided by , an invention is "useful" if it provides some identifiable benefit and is capable of use...

 or industrially applicable
Industrial applicability
In patent law, industrial applicability or industrial application is a patentability requirement according to which a patent can only be granted for an invention which is susceptible of industrial application, i.e. for an invention which can be made or used in some kind of industry. In this...

. In many countries, certain subject areas
Patentable subject matter
Patentable, statutory or patent-eligible subject matter is subject matter which is susceptible of patent protection. The laws or patent practices of many countries suggest that certain subject matter is or is not something for which a patent should be granted.Together with novelty, inventive step...

 are excluded from patents, such as business methods
Business method patent
Business method patents are a class of patents which disclose and claim new methods of doing business. This includes new types of e-commerce, insurance, banking, tax compliance etc. Business method patents are a relatively new species of patent and there have been several reviews investigating the...

 and mental acts. The exclusive right granted to a patentee in most countries is the right to prevent others from making, using, selling, or distributing the patented invention without permission.

Trademark

A trademark or trade mark is a distinctive sign
Sign (semiotics)
A sign is understood as a discrete unit of meaning in semiotics. It is defined as "something that stands for something, to someone in some capacity" It includes words, images, gestures, scents, tastes, textures, sounds – essentially all of the ways in which information can be...

 or indicator used by an individual, business organization, or other legal entity to identify that the product
Good (economics and accounting)
In economics, a good is something that is intended to satisfy some wants or needs of a consumer and thus has economic utility. It is normally used in the plural form—goods—to denote tangible commodities such as products and materials....

s or services to consumer
Consumer
Consumer is a broad label for any individuals or households that use goods generated within the economy. The concept of a consumer occurs in different contexts, so that the usage and significance of the term may vary.-Economics and marketing:...

s with which the trademark appears originate from a unique source, and to distinguish its products or services from those of other entities.

Trademarks can act as a form of consumer protection
Consumer protection
Consumer protection laws designed to ensure fair trade competition and the free flow of truthful information in the marketplace. The laws are designed to prevent businesses that engage in fraud or specified unfair practices from gaining an advantage over competitors and may provide additional...

 that lowers the transaction cost
Transaction cost
In economics and related disciplines, a transaction cost is a cost incurred in making an economic exchange . For example, most people, when buying or selling a stock, must pay a commission to their broker; that commission is a transaction cost of doing the stock deal...

s between a buyer and seller who are not personally acquainted.

Directly mandated

Governments have granted monopolies to forms of copy prevention. In the Digital Millennium Copyright Act
Digital Millennium Copyright Act
The Digital Millennium Copyright Act is a United States copyright law that implements two 1996 treaties of the World Intellectual Property Organization . It criminalizes production and dissemination of technology, devices, or services intended to circumvent measures that control access to...

, for example, the proprietary Macrovision
Macrovision
Rovi Corporation is a globally operating, US-based company that provides guidance technology, entertainment data, copy protection, industry standard networking and media management technology for digital entertainment devices and services...

 copy prevention technology is required for analog video recorders. Though other forms of copy prevention aren't prohibited, requiring Macrovision effectively gives it a monopoly and prevents more effective copy prevention methods from being developed.

Criticism

Opponents of government-granted monopoly often point out that such a firm is able to set its pricing and production policies without fear of breeding potential competition. They argue that this causes inefficiencies in the market place, such as unnecessarily high prices to consumers for the good or service being supplied (government-imposed price caps might avert this problem, however, it is still possible that competition would supply the good or service at a lower price). One historical example of this is the government-granted monopoly in steamboat traffic operated by Robert Fulton
Robert Fulton
Robert Fulton was an American engineer and inventor who is widely credited with developing the first commercially successful steamboat...

. The New York legislature granted Fulton the privilege to be the sole provider of all steamboat traffic for thirty years. Competition was forbidden by law. Thomas Gibbons, a steamboat entrepreneur, hired Cornelius Vanderbilt
Cornelius Vanderbilt
Cornelius Vanderbilt , also known by the sobriquet Commodore, was an American entrepreneur who built his wealth in shipping and railroads. He was also the patriarch of the Vanderbilt family and one of the richest Americans in history...

 to ferry passengers for a cheaper fare in defiance of the law in an attempt to compete with Fulton for about six months. In 1824, in Gibbons v. Ogden
Gibbons v. Ogden
Gibbons v. Ogden, 22 U.S. 1 , was a landmark decision in which the Supreme Court of the United States held that the power to regulate interstate commerce was granted to Congress by the Commerce Clause of the United States Constitution. The case was argued by some of America's most admired and...

, the Supreme Court struck down Fulton's government-granted monopoly ruling that states cannot legally regulate interstate commerce. Steamboat fares almost immediately dropped from seven to three dollars after the decision and traffic increased dramatically. Fulton was unable to successfully compete with the low fares offered by Gibbons and Vanderbilt, which resulted in his bankruptcy. (The Myth of the Robber Barrons, by Burton W. Folsom Jr.)

"Intellectual property" monopolies - particularly copyright - inflate the cost of a work from its marginal cost of
production (currently about $0 to copy a file) - to a much higher price. This reduces the aggregate utility
Utility
In economics, utility is a measure of customer satisfaction, referring to the total satisfaction received by a consumer from consuming a good or service....


substantially. It has been argued that this is necessary to incentivize artistic creation however several counter
arguments are often made :
  1. Many great works of literature
    Literature
    Literature is the art of written works, and is not bound to published sources...

     and music
    Music
    Music is an art form whose medium is sound and silence. Its common elements are pitch , rhythm , dynamics, and the sonic qualities of timbre and texture...

     were created before copyright protection. Many classical composers were far more prolific than their modern counterparts (for example: Handel
    HANDEL
    HANDEL was the code-name for the UK's National Attack Warning System in the Cold War. It consisted of a small console consisting of two microphones, lights and gauges. The reason behind this was to provide a back-up if anything failed....

    , Mozart, and Bach
    Bạch
    Bạch is a Vietnamese surname. The name is transliterated as Bai in Chinese and Baek, in Korean.Bach is the anglicized variation of the surname Bạch.-Notable people with the surname Bạch:* Bạch Liêu...

    ). When someone is paid millions of dollars (or in some cases a billion dollars (Billy Joel
    Billy Joel
    William Martin "Billy" Joel is an American musician and pianist, singer-songwriter, and classical composer. Since releasing his first hit song, "Piano Man", in 1973, Joel has become the sixth best-selling recording artist and the third best-selling solo artist in the United States, according to...

    )) for their work, the incentivizing capacity of money to spur subsequent work decreases (due to decreasing marginal utility
    Marginal utility
    In economics, the marginal utility of a good or service is the utility gained from an increase in the consumption of that good or service...

    ). (This fact is also often overlooked in top executive compensation
    Executive compensation
    Executive pay is financial compensation received by an officer of a firm, often as a mixture of salary, bonuses, shares of and/or call options on the company stock, etc. Over the past three decades, executive pay has risen dramatically beyond the rising levels of an average worker's wage...

    ).
  2. The costs of manufacturing and distributing intellectual property has decreased (e.g. Internet
    Internet
    The Internet is a global system of interconnected computer networks that use the standard Internet protocol suite to serve billions of users worldwide...

    ), but the duration of copyright has - paradoxically - increased.
  3. Many actual producers of intellectual property are paid on salary or contract and have to sign over their rights as a pre-condition of employment or of a distribution contract. Many artists and scientists actually see very little of the rewards of their work - (for example, inventors of statins, PCR, transistors, integrated circuits (Jack Kilby
    Jack Kilby
    Jack St. Clair Kilby was an American physicist who took part in the invention of the integrated circuit while working at Texas Instruments in 1958. He was awarded the Nobel Prize in physics in 2000. He is credited with the invention of the integrated circuit or microchip...

    ), windows (Xerox Parc
    Xerox PARC
    PARC , formerly Xerox PARC, is a research and co-development company in Palo Alto, California, with a distinguished reputation for its contributions to information technology and hardware systems....

    ), to name a few). The benefits accrue instead over many years to the corporations who hired or contracted with them. People early in their careers are often in a position of negotiation
    Negotiation
    Negotiation is a dialogue between two or more people or parties, intended to reach an understanding, resolve point of difference, or gain advantage in outcome of dialogue, to produce an agreement upon courses of action, to bargain for individual or collective advantage, to craft outcomes to satisfy...

     weakness and are near an absorbing state of having little money so they cannot haggle
    Haggle
    Haggle may refer to*Haggle , a party game*Haggle an autonomic networking architecture*Bargaining, English word meaning to haggle or to bargain...

     well. They also have difficulty signaling
    Signalling (economics)
    In economics, more precisely in contract theory, signalling is the idea that one party credibly conveys some information about itself to another party...

     to the markets the value of their ideas and therefore face a classic asymmetric information / market for lemons problem.
  4. Intellectual property can serve as a strong deterrent to freedom of artistic expression, and a barrier to entry. Someone who wishes to use allusion
    Allusion
    An allusion is a figure of speech that makes a reference to, or representation of, people, places, events, literary work, myths, or works of art, either directly or by implication. M. H...

     or create works that refer to or derive from other pre-existing works in their culture
    Culture
    Culture is a term that has many different inter-related meanings. For example, in 1952, Alfred Kroeber and Clyde Kluckhohn compiled a list of 164 definitions of "culture" in Culture: A Critical Review of Concepts and Definitions...

     - better first be able to hire themselves a lawyer. Since copyright now tends to last longer than most nations, artistic works from one's culture almost never effectively enter the public domain
    Public domain
    Works are in the public domain if the intellectual property rights have expired, if the intellectual property rights are forfeited, or if they are not covered by intellectual property rights at all...

     anymore. (The eventual expansion of the public domain has been one traditional argument in favor of such monopolies).
  5. There are numerous examples which demonstrate that people do not need monetary incentive to create and share intellectual or artistic works (e.g. Wikipedia
    Wikipedia
    Wikipedia is a free, web-based, collaborative, multilingual encyclopedia project supported by the non-profit Wikimedia Foundation. Its 20 million articles have been written collaboratively by volunteers around the world. Almost all of its articles can be edited by anyone with access to the site,...

    , MySpace
    MySpace
    Myspace is a social networking service owned by Specific Media LLC and pop star Justin Timberlake. Myspace launched in August 2003 and is headquartered in Beverly Hills, California. In August 2011, Myspace had 33.1 million unique U.S. visitors....

    , World Wide Web
    World Wide Web
    The World Wide Web is a system of interlinked hypertext documents accessed via the Internet...

    , Internet
    Internet
    The Internet is a global system of interconnected computer networks that use the standard Internet protocol suite to serve billions of users worldwide...

    ). Plenty of work gets created and shared for free - creative people who can create and have the resources to do so often enjoy developing and sharing their creations.
  6. Granting excessive monopolies can also distort incentives - inefficiently drawing excessive people and resources into an area. Their human capital
    Human capital
    Human capitalis the stock of competencies, knowledge and personality attributes embodied in the ability to perform labor so as to produce economic value. It is the attributes gained by a worker through education and experience...

     and financial capital
    Financial capital
    Financial capital can refer to money used by entrepreneurs and businesses to buy what they need to make their products or provide their services or to that sector of the economy based on its operation, i.e. retail, corporate, investment banking, etc....

     are then less available for other important areas that may be underprovided - for example housing, infrastructure
    Infrastructure
    Infrastructure is basic physical and organizational structures needed for the operation of a society or enterprise, or the services and facilities necessary for an economy to function...

    , food, medical care. The subsidy
    Subsidy
    A subsidy is an assistance paid to a business or economic sector. Most subsidies are made by the government to producers or distributors in an industry to prevent the decline of that industry or an increase in the prices of its products or simply to encourage it to hire more labor A subsidy (also...

     provided by the extension of copyright dwarfs the magnitude of farm subsidies or many other common forms of welfare or charity. In a free market, the cost of COPIES of existing work would be at their marginal cost of production, which is currently approximately zero.
  7. Intellectual property monopolies can lead to severe price discrimination
    Price discrimination
    Price discrimination or price differentiation exists when sales of identical goods or services are transacted at different prices from the same provider...

    . A poor person in the United States, for example, might pay significantly more for the same textbook, software program or medication than a wealthy person in another country where the same goods are often sold for a fraction of the price. Reimportation
    Reimportation
    Reimportation is the importation of goods into a country which had previously been exported from that country. A number of legal issues arise with the reimportation of goods, particularly where the goods were not designed for sale in the country from which they were initially exported...

     is often difficult or even prohibited.
  8. Much of the work of corporate promoters of intellectual property
    Intellectual property
    Intellectual property is a term referring to a number of distinct types of creations of the mind for which a set of exclusive rights are recognized—and the corresponding fields of law...

     is focused on gaining market share
    Market share
    Market share is the percentage of a market accounted for by a specific entity. In a survey of nearly 200 senior marketing managers, 67 percent responded that they found the "dollar market share" metric very useful, while 61% found "unit market share" very useful.Marketers need to be able to...

    , brand recognition or focality (cf. Thomas Schelling
    Thomas Schelling
    Thomas Crombie Schelling is an American economist and professor of foreign affairs, national security, nuclear strategy, and arms control at the School of Public Policy at University of Maryland, College Park. He is also co-faculty at the New England Complex Systems Institute...

    ). Resources spent promoting existing program libraries shout down new artists, and in general provide little Pareto improvement to the economy, since time spent listening, watching or reading well promoted copyrighted works generally substitutes for time spent experiencing new work or work in the public domain.

Examples

  • Saudi Aramco
    Saudi Aramco
    Saudi Aramco , officially the Saudi Arabian Oil Company, is the national oil company of Saudi Arabia.Saudi Aramco is the world's largest and most valuable privately-held company, with estimates of its value in 2011 to be $7 trillion USD.Saudi Aramco has both the largest proven crude oil reserves,...

  • British East India Company
    East India Company
    The East India Company was an early English joint-stock company that was formed initially for pursuing trade with the East Indies, but that ended up trading mainly with the Indian subcontinent and China...

  • French East India Company
    French East India Company
    The French East India Company was a commercial enterprise, founded in 1664 to compete with the British and Dutch East India companies in colonial India....

  • Brewers Retail
    Brewers Retail Inc.
    The Beer Store is the trading name for Brewers Retail, a privately owned, joint-venture chain of retail outlets in Ontario, Canada, founded in 1927. The articles of incorporation stipulate that Brewers Retail cannot sell "hard liquor" , or consumer goods...

  • Theatre Royal, Drury Lane
    Theatre Royal, Drury Lane
    The Theatre Royal, Drury Lane is a West End theatre in Covent Garden, in the City of Westminster, a borough of London. The building faces Catherine Street and backs onto Drury Lane. The building standing today is the most recent in a line of four theatres at the same location dating back to 1663,...

  • K–12 education
  • Interest rate
    Interest rate
    An interest rate is the rate at which interest is paid by a borrower for the use of money that they borrow from a lender. For example, a small company borrows capital from a bank to buy new assets for their business, and in return the lender receives interest at a predetermined interest rate for...

    s

See also

  • Coercive monopoly
    Coercive monopoly
    In economics and business ethics, a coercive monopoly is a business concern that prohibits competitors from entering the field, with the natural result being that the firm is able to make pricing and production decisions independent of competitive forces...

  • Legal monopoly
    Legal monopoly
    A legal monopoly, statutory monopoly, or de jure monopoly is a monopoly that is protected by law from competition. A statutory monopoly may take the form of a government monopoly where the state owns the particular means of production or government-granted monopoly where a private interest is...

  • Government monopoly
    Government monopoly
    In economics, a government monopoly is a form of coercive monopoly in which a government agency or government corporation is the sole provider of a particular good or service and competition is prohibited by law...

  • Monopoly
    Monopoly
    A monopoly exists when a specific person or enterprise is the only supplier of a particular commodity...

  • Natural monopoly
    Natural monopoly
    A monopoly describes a situation where all sales in a market are undertaken by a single firm. A natural monopoly by contrast is a condition on the cost-technology of an industry whereby it is most efficient for production to be concentrated in a single form...

  • Rent seeking
    Rent seeking
    In economics, rent-seeking is an attempt to derive economic rent by manipulating the social or political environment in which economic activities occur, rather than by adding value...

  • Federal Reserve System
    Federal Reserve System
    The Federal Reserve System is the central banking system of the United States. It was created on December 23, 1913 with the enactment of the Federal Reserve Act, largely in response to a series of financial panics, particularly a severe panic in 1907...


External links

The source of this article is wikipedia, the free encyclopedia.  The text of this article is licensed under the GFDL.
 
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