[net.politics] Standard Oil and anti-trust

trc@houti.UUCP (07/14/83)

Response to Tim Sevener on the Standard Oil case:

I and several others had presented the claim that monopolies are either
correct (the cheapest, most effective ), or else are backed by government
coercion.  We did not claim that no monopoly could arise without government
intervention.  We did claim that government intervention could encourage
such monopoly growth.

Tim Sevener asks "How about Standard Oil?", and claims that it was 
"just one of many industrial monopolies which had nothing to do with gov't
regulation or intervention.  Standard Oil . . . just outright took over the
market!"  (Tim also makes an argument about government intervention in the
railroad industry not being any worse than in any other transportation 
industry.  I will answer that one only by saying - it may not have been
worse, but that does not imply that any such intervention was good.)

I will make three points: Government actions did have a lot to do with the
rise of Standard Oil, Standard Oil did not act nearly as badly as
legend would have it, and the split up of Standard Oil is an example
of the evils of Antitrust.  Let me add one caveat - I am not an expert on
the history of monopolies and antitrust, but have merely investigated
this particular case.  

Most of the pro-regulatory, pro-antitrust sources I checked in researching
this question merely listed the alleged crimes of Standard Oil, providing
no context or support for the claims - they were taken as self-evident from
the fact that Standard Oil was a near monopoly.  My source for much of what 
follows is: "The Myths of Antitrust", by D.T. Armentano, PhD,  Arlington 
House, New Rochelle, NY.

The historical background of the case is this:  The Civil War had just ended,
and the government had supported that war, in part, by inflation.  In order
to allow this inflation, specie payments had been stopped.  This inflation
had led to a large amount of speculation.  In particular, there were around 
250 oil refiners in the US - producing kerosene by distillation.  Inflation
allowed some businesses to get by through the reduction of the value of debts,
that would have otherwise collapsed through market forces.  Then the government
decided to return to specie payments - by 1870.  In order to do this,  they
de-valued the currency by withdrawing greenbacks from circulation.  Note that
it was the inflation, not the return to the specie payments, which was the
major wrong-doing of the government, but that both are examples of govt
intervention.

In 1870, JD Rockefeller had 4% of the refining market.  This grew to 25%
by 1874, and to 80-85% by 1880.  Eventually, Standard Oil may have had 90%
of the refined oil market.  How did this happen, if not by means of wrong
doing on the part of JDR?

The major claims made against Standard that led to its eventual breakup
were that:  Standard had driven competitors out of business;  Standard
had too big a market share;  Standard had used price cutting against its
competitors;  Standard had vertically integrated facilities - tank cars,
storage tanks, loading facilities, etc;  and most importantly, Standard 
had obtained secret rebates from Railroads for shipping oil, that were 
not available to competitors.

The latter was the charge that supposedly provoked the outcry that led to
the split-up of Standard.  Railroads have high fixed costs - debt payments,
maintenance for the lines, etc; and small variable costs - those that
vary with the amount of traffic.  As a result, railroads are naturally
hungry for traffic, and in particular, steady traffic.  This is exactly what
Standard could provide them with.  JDR knew this, and took advantage of
it to obtain reductions in rates.  This practice was common, and usually
done in secret to prevent price wars.  It was *NOT* a wrongful practice -
businesses have a right to set prices on the open market by bargaining.
The railroads would not have agreed to the rebates unless they were benefiting
from the business.  Smaller refiners did not provide as good a business,
and so could not negotiate equal rebates - and that was the source of their
jealousy.  "Never-mind that all refiners had had an equal chance to do what
JDR did, but didnt take the risks that he did", was their attitude.

As to the other charges - Standard Oil competed strongly, and, due to the
nature of the economy at that time, some refiners were almost certain to
go out of business anyway.  It is the nature of the market that those
least able to compete fold.  The same goes for price cutting.  The ownership
of vertically integrated facilities is not wrong, except under the morality
of antitrust.  These facilities allowed Standard to cut costs, which is the
proper concern of any business.
 
There was another factor that allowed Standard to compete very effectively - 
and that was the introduction in 1875 of the process of "destructive 
distillation" - the cracking of oil.  This process was more efficient than 
the old distillation methods, but required a larger refinery.  Most smaller 
refiners could not afford this process, and so could not continue to be 
efficient.  For this reason, and because of the devaluation of currency, 
many refineries were quite eager to be bought out.  Standard Oil had to
pay the best price in order to be the one doing the buying out.

JD Rockefeller was involved in some efforts at collusion against competitors 
- but collusion is a term that is used for secret cooperation, by those that 
disapprove of that cooperation.  If there is no reason to disapprove of the 
cooperation, there is equally no reason to call it collusion.  Only the
antitrust provides such a reason for such disapproval, and antitrust is
a wrongful intervention of the government into the realm of business.


Consider what would have happened if Standard had not been split up.
At worst, it might have become a full monopoly, and set prices however
it pleased, which would encourage new competition.  So long as there are 
any other competitors, any attempt at a price war would hurt Standard
more than the competitors, because it would have a bigger market share to
lose on.  If it became uneconomical for a competitor, they could either
sell out to others with more cash reserves, who could afford to out-wait
Standard; or they could simply close down operations and wait for the
price to go down.  (And sell commodity contracts on the oil they held,
so that when prices fall, they could buy back the contracts at lower prices!)

And, suppose that oil prices had been kept somewhat higher - do those of
you who support antitrust actions really think that would be bad?  Note
that higher prices would mean less consumption - IE conservation of an
important natural resource!  Industries would have a natural reason to
be more efficient.  Big gas-guzzling cars might never have become the 
fashion.  Enforced (limited) "competition"  is probably responsible for
the energy crisis, and for the often decried "wastefulness" of Americans.  
I offer this, not as justification for the actions of businesses, but as
a simple example of the sort of efficiencies that Antitrust makes
impossible.


	Tom Craver
	houti!trc

nrh@inmet.UUCP (07/17/83)

#R:houti:-34800:inmet:7800008:000:2431
inmet!nrh    Jul 17 03:27:00 1983

Anyone wanting a Libertarian slant on the "dangers" of monopoly if 
regulation is left to the market can read about it in 
David Friedman's "The Machinery of Freedom" [Arlington House, 1973 &78]
On the subject of Standard Oil, Friedman claims that JDR was
not very successful at maintaining the monopoly.  Two examples:

	1. When JDR tried to threaten a price war if Cornplanter
	Refineries did not raise their prices, Cornplanter laughed
	at them: 
		"Well, I says `Mr. Moffett, I am very glad
		you put it that way because if it is up to you the
		only way you can get it [the business] is to cut the
		market [reduce prices], and if you cut the market
		I will cut you for 200 miles around and I will make you
		sell the stuff,' and I says, `I don't want a bigger
		picnic than that; sell it if you want to,' and I bid
		him good day and left"
		<Quote from John S. McGee "Predatory Price Cutting:
		 The Standard Oil [NJ] case">
		
	2. "Another strategy, which Rockefeller probably did employ,
	is to buy out competitors.  This is usually cheaper than spending
	a fortune trying to drive them out --  at least, it is cheaper in
	the short run.  The trouble is that people soon realize they can
	build a new refinery, threaten to drive down prices, and sell out to
	Rockefeller at a whopping profit.  David P. Reighard apparently made
	a sizable fortune by selling three consecutive refineries to 
	Rockefeller.  There was a limit to how many refineries Rockefeller
	could use."

			[ Reprinted without permission ]

Friedman's basic point is that most monopoly is gleefully undercut
by chislers, and that governments are often the only means by which
monopolies become possible.  Even natural monopolies cannot (dare not)
keep their prices too high because


	"... [A natural monopoly] retains the market only 
	so long as its price stays low enough that other firms cannot 
	make a profit.  This is what is called potential competition.

	A famous example is Alcoa Aluminimum.  One of the charges
	brought against Alcoa during the antitrust hearings that resulted
	in its breakup was that it had kept competitors out of the
	aluminum business by keeping its prices low and by taking advantage
	of every possible technological advance to lower them still further."


			[ Reprinted without permission ]


"The Machinery of Freedom" is, I'm told, available from Laissez-Faire
books in New York City.  No, I don't work for them.