Archive for the ‘consumers’ Category

Food Industry Ethics, Regulatory Reform, and Corporate Citizenship

I blogged yesterday about the importance of sound government and rule of law as a background condition for ethical corporate behaviour. Here in Canada (as in most other developed economies) we grumble about our government and our system of regulation, but we’re actually relatively lucky that way, by world standards. Our economy is thriving (quarter-to-quarter hiccups aside) in large part because businesses here have the luxury of doing what they do against a background of generally-stable government and generally-sane regulations.

But that’s not to say that there isn’t room for improvement. One key area in need of (constant?) improvement is food policy. It’s an incredibly complex area, with an enormous range of interests at stake and a huge range of values at play. Public policy is, as a result, pretty messy. For more details, see this new report by the Conference Board of Canada’s Centre for Food in Canada (CFIC). Here’s a summary, from Better Farming: Canada’s food policy system overloaded: report

Out of date policies, laws and regulations as well as conflicting government involvement stymie innovation and economic growth in the country’s food sector says Conference Board of Canada report…

(You can download the report here.)

Economic growth in the food sector isn’t of direct relevance to consumers (though it is of direct relevance to those employed in the sector). But consumers still have plenty of reason to care about food policy. All questions of food policy have a more or less direct impact on the health and/or pocketbooks of consumers; and hence all questions of food policy raise ethical issues (many of which I’ve blogged about). For example, according to the BF story:

The report reviews the Canadian approach to food regulation based on a study of six issues: food additives, genetically modified foods, health benefit claims, country-of-origin labeling, inspection, and international trade. [hyperlinks added]

Industry, of course, has a role to play in helping to reform regulation in this area. But in doing so, industry must think especially carefully about its ethical obligations. Normally, the slogan “Play by the Rules!” sums up the lion’s share of a company’s obligations. But when the issue at hand involves figuring out what the rules — i.e., regulations — should be, industry needs to consider very carefully the full ethical weight of the notion of “corporate citizenship,” and remember that a citizen is someone who participates in policy debates with an eye not just to their own interests, but to the public good as well.

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Thanks to Prof. Richard Leblanc for bringing the CFIC report to my attention.

Values-Based Consumerism as Double-Edged Sword

It’s a game of connect-the-dots. Do you, as a consumer, feel any responsibility for the purposes to which the companies you patronize put their profits? Do you care about a company’s values, beyond the effect those values have on how the company conducts business? What about its CEO’s values, or the values of its biggest shareholder? Do those factors enter into your purchasing decisions? Should it?

To make the question more concrete, consider the following:

  • If you’re politically left-leaning, do you want to patronize a store owned by someone on the right?
  • If you are a Christian, would you buy a car from an atheist?
  • If you’re pro-choice, would you buy groceries from a chain of stores owned by a staunch pro-life advocate?
  • If you’re in favour of strict gun control, do you want to boost the profits of a company that donates to the National Rifle Association?

For a less-hypothetical example, see this story (in which I’m quoted) by Nicole Neroulias in the Albany Times Union: “Corporate giving is questioned”. The focus of Neroulias’s story is a recent controversy regarding TOMS shoes. The short version goes like this: Blake Mycoskie, head of TOMS, agreed to be interviewed by Jim Daly, president of the right-wing Christian group Focus on the Family. Feminists and defenders of gay rights protested, and Mycoskie issued an apology. On his blog, he wrote: “TOMS, and I as the founder, are passionate believers in equal human and civil rights for all.” Without questioning his sincerity here, it’s clear that Mycoskie had become aware that his flirtation with FOTF had riled his company’s socially-progressive customer base. Why would someone socially progressive continue to support a company perceived to be in cahoots with the Christian right?

Three quick points:

1) On one hand, it seems to me that, yes, at least in principle, consumers must take an interest in the causes supported by the companies they patronize. We are responsible for the causes we support, even indirectly. Of course, most of us contribute far too little to the coffers of even our favourite companies to make any appreciable difference at all. If a company has a 1% profit margin, and gives 1% of that to some cause, that means that one penny out of every hundred dollars you spend goes to that cause. But then, even merely symbolic contributions matter.

2) People who want corporations to adopt social causes should be careful what they wish for. It’s all well and good to say that companies should do something to “give back” to the community. But when they agree to do so, what’s to say that they’re going to give to a cause that you believe in, rather than one you find abhorrent? Would you rather your favourite software company contributed to your least-favourite charity, or just stopped contributing to charities at all?

3) One of the most interesting things about all this is that what we’re seeing here is the undoing of the competitive market’s tendency to prevent people from acting out their biases. One of the best things about modern markets is that they punish prejudice, and make it more difficult. It’s easy to discriminate against the minority cobbler down the street by traveling a few extra blocks to buy from “your own kind”; it’s much harder to act out your racist biases when buying shoes at a big department store because, well, you have no idea what colour or sex or sexual orientation of the person who made those shoes is. Market transactions today are effectively anonymous and depersonalized, in a way that makes biases of various kinds effectively impotent. The push for certain kinds of corporate social responsibility, accelerated by moves toward corporate transparency and social media, is effectively undoing this.

In the end, it’s not at all clear whether it is a good thing that the market is becoming another avenue for acting out our ideological disagreements.

Pepsi Under Pressure

It’s not easy selling carbonated sugar-water. Or rather, the selling part is all too easy. The hard part is steering a course between the conflicting desires of shareholders and activists. Shareholders want profits. That means selling more of high-profit-margin products like Pepsi and Doritos. Activists want companies to stop pushing unhealthy products like Pepsi and Doritos, and to focus on healthier — but less profitable — products.

See this story, by Mike Esterl and Valerie Bauerlein, for the WSJ: PepsiCo Wakes Up and Smells the Cola

…The snack-food and beverage giant is launching the first new advertising campaign for its flagship Pepsi-Cola in three years—offering one of the most visible signs PepsiCo is throwing new weight behind its biggest brand after it sank to No. 3 in U.S. soda sales last year, trailing not only Coke but Diet Coke….

When industry market share numbers came out in March, showing Pepsi-Cola slipped to No. 3, analysts quickly accused PepsiCo—and Chairman and Chief Executive Indra Nooyi—of taking their eyes off the company’s biggest brand….

There’s a lesson here for activists who think that reforming corporate behaviour is a simple matter of willpower, that companies can shift to healthier foods (or to less-violent video games) if only they had the guts to try it. Shifting your business practices in a way not endorsed by consumers is, well, a recipe for disaster.

Then again, maybe that’s a pretty decent outcome, from an activist’s point of view.

What’s the long-term prognosis? An ebb and flow of corporate strategy, in response to a range of pressures. Activists will win a few battles, as well as surely losing a few. Forcing companies to do what you want means forcing consumers to consume what you want. Because as everyone in business knows, while it’s simply not true that “the customer is always right,” it surely is true that the customer is always the customer.

Ethics & Economics, Part 2: The Market

This is the second in an occasional series on the relationship between ethics and economics.

Today’s topic is the market. ‘The market’ isn’t anything magical. It’s just the term we use for the abstract entity that is the aggregate of all actual markets for particular goods — the sum total of the market for cars plus the market for poetry plus the market for pedicures and so on. Seen another way, the market is just a whole bunch of people (and organizations) buying and selling stuff from and to each other.

The market is ethically significant. And in general, that significance is positive: markets are generally morally good. There is an ethical justification for markets, such that, with some exceptions for particular goods, where markets do not exist we wish they did.

Reasonably-free markets have three basic moral virtues. One is freedom. In a free market, each of us is free to buy whatever we want, within the limits of our ability to pay. That’s not the only kind of freedom anyone could hope for. The sense in which everyone is “free” to buy whatever model of car they want is not very compelling for those who cannot afford a car at all. But scarcity is a basic fact about the world, and the freedom to make one’s own choices within the confines of such scarcity is hardly trivial.

The second virtue of free markets is efficiency. For very many goods, reasonably-free markets are not just one way to provide those goods: a reasonably-free market is the most efficient way to provide those goods. I’ll have more to say about efficiency in a later instalment in this series. But very briefly, we can begin to understand efficiency as a moral value if we consider its opposite, namely inefficiency. Inefficiency means wastefulness, or getting fewer outputs from more inputs. Almost no one is in favour of inefficiency. And in a world where many people see their basic needs go unmet, inefficiency is a great evil.

The third great virtue of the market is its ability, famously described by Adam Smith, to turn self-interested behaviour on the part of one person into (reasonably) good outcomes for others. Smith’s point wasn’t that people are selfish, nor that they should be. His point was that everything you own, everything around you, exists because someone made it. And chances are that — hand-made gifts aside — they made it for you not because they love you, but because they needed to make a living. The market turns my needs into a way of satisfying yours, and vice versa. And it generally happens without someone putting a gun to our heads to make it happen.

But markets also have moral failings. One is the very lack of coordination that I referred to as “freedom” above. That lack of coordination means that markets are notoriously bad at providing for the production of genuinely useful public goods, like highways and lighthouses and police forces and so on. For such goods, it’s much more effective to have some central authority, preferably with coercive powers, collect taxes in order to build them.

Markets are also much better at providing what people want than it is at providing what they genuinely need. So markets produce junk food and video games and porn in abundance, but relatively little delicious health-food and educational games and poetry. Of course, in casting the former as “bad” products and the latter as “good” ones, I’m merely appealing to popular stereotypes. In reality, there’s very little rationale for thinking video games are better than poetry. That’s just an elitist bias. But still, it probably is fair to say that there are products that are out-and-out socially bad: it’s no great bragging point for the market that it has brought us so many brands of cigarettes, for example. So if — and this is a very big if — we were much more certain, and much more unanimous, than we are about what things are genuinely good in life, then it might make a lot more sense just to have governments direct the making and provision of those things.

One of the key starting points for any sane consideration of issues in business ethics is the realization that the market serves a moral purpose. It’s an imperfect mechanism, to be sure, but its value for promoting human freedom and wellbeing is such that what we ought to think in terms of balancing various market virtues and vices against each other, rather than thinking in terms of the market as an alternative to important human values.

Profiting from Customers’ False Beliefs

Is it ethical for a business to profit from its customers’ false beliefs? Or, more to the point, is it ethical to profit from your customers’ beliefs when you think those beliefs are false? What if you encourage those beliefs?

Case in point: a number of businesses have sprung up to take advantage of the fact that a number of fundamentalist Christians believe that May 21, 2011 (i.e., tomorrow) is the day on which “The Rapture” will happen, which will involve the return to earth of Jesus Christ, the rescue of believers, and the start of a process culminating in the destruction of the world in October. Enter the profit-seeking atheists. Eternal Earth-Bound Pets, for example, will guarantee (for just $135) to come to a believer’s house, post-rapture, to rescue their pets. Salvation, after all, is for human believers only, so the faithful “know” that atheists and animals will be left behind. (For more details, and more examples, see this item from ABC News: May 21, 2011: Profiting on Doomsday?)

Profiting from this particular set of false (i.e., unsupported) beliefs seems, frankly, pretty innocuous. Those who hold such beliefs are few, and are liable to be mocked by the vast majority of Christians, who scoff at the idea that the exact date of the Rapture can be determined so precisely. When the Rapture ends up not happening (and I realize I’m going out on a limb, there) those who ponied up for the “service” offered by Eternal Earth-Bound Pets will be out $135, but other than that they’ll be no worse for wear. But what about other examples?

Let’s start with a fictional example to test our intuitions. What if I find out that you believe, for whatever reason, and despite the fact that you live far from any indigenous populations of elephants, that your rose garden is in imminent danger of being trampled by elephants. And let’s say you also believe (for whatever reason) that elephants are deterred by he sound of the revving of a Porsche engine. Am I justified in selling you a Porsche that you do not otherwise need, and that perhaps you cannot truly afford? Would that be predatory? Your belief, here, is clearly a crazy belief, and my profiting from your delusion seems not-quite-right. But then, as far as you’re concerned, I’m genuinely helping you. On the other hand, what if the reason you have that delusional belief in the first place is that I’ve convinced you of it?

Next, let’s get back to real-life examples. But let’s look at one that doesn’t revolve around a single event, like Rapture insurance does. What about, for example, selling homeopathy? Now, it’s one thing for a homeopath to prescribe and sell homeopathic treatments. After all, the homeopath presumably believes that such remedies work, in spite of the lack of evidence for that belief. Now, that belief itself might be culpable — if you’re going to sell a product, then ethically you ought to do what you can to make sure it really works — but at least the homeopath is selling in good (if misguided) faith. What about when licensed Pharmacists, people with the training to know perfectly well that homeopathic treatments cannot possibly work, sell them? That happens all the time. Shoppers Drug Mart, for example — Canada’s largest pharmacy chain — sells homeopathic treatments, and all the franchisees of that chain are required to be licensed Pharmacists. That is, they are people whose scientific training tells them that such remedies have zero scientific credibility. So they, too, are profiting from their customers’ false* beliefs — beliefs that they, the sellers, know to be false. Of course, the difference between selling homeopathy and selling Rapture insurance is that in the case of homeopathy, people’s lives really might be at stake.

Information is crucial to the efficient operation of a free market. Asymmetries of information constitute an entire category of situations in which economists will tell you market failures are liable to occur. Knowledge, alas, can never be perfect. So what we instead insist on is that transactions at least be made in good faith. It’s clear that that means the consumer needs to have enough information to know that the product she is about to buy will satisfy her desires; what’s less clear is whether the consumer must also know enough to know whether the product will satisfy her needs.

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*Note: some of you may want to quibble with my use of the word “false” to refer to beliefs in either a) the Rapture or b) homeopathy. You may point out that saying that there’s a lack of evidence for a particular belief isn’t the same as saying that that belief is false. That’s technically true. But when a belief is implausible on the face of it, is unsupported by evidence, and conflicts with a great number of beliefs that are well-supported by evidence, it is entirely reasonable to call it “false.” At least until the Rapture.

Gas Prices, Criticism, and Ethics

There’s more than a little unseemly about the pervasiveness of complaints about the high price of gas. Of course, you can’t really expect anybody really to like high gas prices, at least from a consumer perspective. But disliking something is not the same thing as getting irate and pointing fingers.

Here in Toronto, gasoline prices hit an all-time high this past week. Talk radio jocks and editorialists were all over it. In the US, politicians are railing against oil companies. Of course, this is not the first time that high gas prices have spurred a populist pile-on. It’s a predictable phenomenon in response to perceived price-gouging. (And lets not forget the not-unrelated but misguided calls to boycott BP in the wake of the Deepwater Horizon blowout last year.)

But whining about the price of gas just might be unethical — or at least unseemly — in a couple of circumstances.

One such circumstance is if you really, really ought to know better. And lots of people, including most people editorializing for major newspapers, ought to know better. In fact, most of us ought to know better. We all ought to understand, as citizens, voters, and consumers, the basic interrelationship between supply and demand, and the factors that make price-gouging likely or unlikely, as well as something about how hard it is to anticipate the effects of the price controls some people favour. But I realize that that’s asking for a quantum leap in economic and financial literacy. (Ever notice that no one ever compliments gas companies or stations when their prices happen to be relatively low? This suggests that people think the low price is the right price, a the notion of a “right” price for a commodity is utterly at odds with any reasonably sophisticated view of economics.)

Another problem is when the gas-price complaints are aimed at gas stations themselves. Most of those are actually independently-owned small businesses, with precious little control over the price of gas. And as James Cowan recently wrote for Canadian Business, high gas prices don’t mean big profits for station owners. Picking on small businesses to express displeasure at the effects of fluctuations in worldwide commodity prices is thoroughly shameful.

Finally, I’ve heard surprisingly few people, in all this, bother to challenge the notion that high gas prices are a bad thing in the first place. What happened to everyone’s zeal for going green? Economics 101 says that when prices go up, demand goes down. And we all want demand for gas (i.e., consumption of gas) to go down, right? Now demand for gas, in particular, doesn’t change much when prices go up, but it does go down a bit. So if we want gas consumption to go down (as most of us agree would generally be a good thing) then we should be happy, in our less-selfish moments, to see gas prices going up. Now, admittedly, high gas prices don’t affect everyone equally. But nor do the high price of anything else. One of the few sane voices in all this is The Economist. A recent editorial there pointed out that the most effective thing that governments can do to take the sting out of high gas prices isn’t to do anything directly about those prices, but rather to insist on higher fuel-efficiency standards for cars. This suggests that the bad guys in this story, if you need to point fingers, are more likely to be found among the big auto makers than among the big oil companies. But even that is pretty lame. Car companies only make the cars that people show a preference for buying. Like it or not, not every unhappy story has a villain.

Laptop Thefts: Starbucks Scandal?

Just whose fault is it if your laptop gets stolen at Starbucks? Do coffee shops (and other similar businesses) have a responsibility to help curb such crimes? If so, how far does that responsibility go?

To kick the topic off, here’s a story by Michael Wilson, for the NY Times: As the Careless Order a Latte, Thieves Grab Something to Go

Starbucks shops are ubiquitous in New York, a respite for tourists and professionals young and old, and while the city’s criminal trends come and go and ebb and flow, there remains a steady march of handbags from those shops in someone else’s hands….

Apparently, Starbucks’ customers are pretty common targets. Starbucks, Wilson notes, pop up “again and again on police blotters.” That makes the iconic coffee chain sound like a pretty dangerous hangout. But Wilson rightly acknowledges that the rate of thefts at Starbucks (of which there are 298 in New York alone) needs to be put into context, and compared to the rate of thefts at other establishments:

Not to pick on the chain, based in Seattle. No one has tallied the number of Starbucks thefts, and purses and bags walk out of any number of restaurants and bars day and night. Grand larcenies — the theft of anything over $1,000, which is almost every purse with a credit card inside — remain the Police Department’s most vexing crime, as preventable as it is commonplace.

The focus on how common such crimes are in all kinds of public and semi-public spaces is right on target. To me, this is all reminiscent of the part in the movie, “Wal-mart: The High Cost of Low Price,” in which the film-makers — incredibly — blame Walmart for thefts, rapes, and murders that happen in the retailer’s parking lots. It’s a crazy accusation, of course: Walmart has nearly 9000 locations. If you looked at the stats for any 9000 parking lots, I’m willing to bet you’d find a fair bit of crime.

But back to coffee shops, and the rate of laptop and purse theft on their premises. What are companies like Starbucks to do in light of this? Clearly it’s not their fault that people are leaving their laptops unattended — I guess except to the extent that they’ve carefully engineered a warm and welcoming environment, one pretty much designed to encourage people to let their guard down. What might the company do, in principle, to reduce the amount of theft on their premises? Vigilant security guards would be one possibility, though that would surely do something to detract from the Starbucks ambiance. Security cameras are another, less intrusive, option. (But then there might be privacy concerns related to constant surveillance: do you really want the Starbucks-Cam watching over your shoulder while you read The Onion?) They could also install laptop locks on the tables in their shops (since most laptops have a universal lock slot). A different tack would be to eliminate free Wi-Fi, which would give people less reason to bring their laptops to Starbucks in the first place. Of course, lots of us like the free Wi-Fi, but if it’s encouraging us to engage in risky behaviours, I can at least see an argument for hitting the ‘off’ switch.

Warning signs are another option: signs could remind unwary customers of the dangers, and recommend that they carry their laptops with them at all times when on the premises. Apparently, one police commander thought that was a good idea:

[The officer] asked one branch to put up a sign warning customers; the manager demurred, saying such a sign required corporate approval.

But what is Starbucks (or any other coffee shop) obligated to do to reduce crime? Or at least, what would it be ethically-very-good of them to do? I don’t see a clear answer, though it’s easy enough to argue that they ought, at least, to grab some of the ‘low-hanging fruit.’ If there are simple and cheap things they can do to make customers safer, those things could arguably be considered obligatory, and besides, such moves might even attract customers, giving them a genuine sense of security, rather than a false one. But laptop theft at Starbucks will never, never be zero, and it’s unreasonable to think that the company has an obligation to drive the on-site crime rate anywhere near that.

Unethical Innovation

Innovation is a hot topic these days, and has been an important buzzword in business for some time. As Simon Johnson and James Kwak point out in their book, 13 Bankers: The Wall Street Takeover and the Next Financial Meltdown, innovation is almost by definition taken to be a good thing. But, they also point out, it’s far from obvious that innovation is in fact always good. They focus especially on financial innovation, which they say has in at least some instances led to financial instruments that are too complex for purchasers to really understand. Innovation in the area of finance — often lionized as crucial to rendering markets more efficient and hence as a key driver of social wealth — is actually subject to ethical criticism, or at least caution. And the worry is not just that particular innovations in this area have been problematic. The worry is that the pace of innovation has made it hard for regulators, investors, and ratings agencies to keep up.

In what other cases is “innovation” bad, or at least suspect? One other example of an area in which innovation might be worrisome is in advertising. Consider the changes in advertising over the last 100 years. Not only have new media emerged, but so have new methods, new ways of grabbing consumers’ attention. Not all of those innovations have been benign. When innovative methods have been manipulative — subliminal advertising is a key example — they’ve been subject to ethical critique.

Some people would also add the design and manufacture of weaponry to the list. But then, almost all innovations by arms manufacturers have some legitimate use. Landmines and cluster bombs are controversial, largely because of their tendency to do too much “collateral dammage” (i.e., to kill civilians). But they do both have legitimate military uses. So it’s debatable whether the innovation, itself, is bad, instead of just the particular use of the innovation.

Are there other realms in which innovation, generally taken to be a good thing, is actually worrisome? One caveat: the challenge, here, is to point out problematic fields of innovation without merely sounding like a luddite.

Ethics of Profit, Part 1: Excessive Profits

This is the first of a 3-part series on the ethics of profit.

Is making a profit ethically good, or bad, or neutral? Or, better still, are there situations in which making a profit is either good, or bad, or neutral?

Profit is often the subject of criticism. The film, “The Corporation”, has as its main target not corporations per se, but the profit motive in particular. Michael Moore appears in the film, saying that while some corporations do good things, “The problem comes in, in the profit motivation here, because these people, there’s no such thing as enough.”

Now, the idea of profit is often tied up with money, with ‘filthy lucre.’ After all, everyone knows that saying about money being the root of all evil. But in the abstract, profit needn’t be defined in terms of cash. In the abstract, profit is just the “cooperative surplus” that results from a mutually-beneficial exchange. When I buy an apple (for, let’s say, $1) at my local market, both the owner of the market and I end up better off. We both “profit.” My own “profit” is the amount by which I value the apple over the $1 that I paid for it. And the market owner’s profit is the amount by which the sale price of $1 exceeds her own costs (apple + labour + overhead, etc.). And the fact that we both profit from the exchange is precisely what makes the exchange good for both of us.

Now, I think we need to distinguish between our ethical evaluation of profit, and our ethical evaluation of the profit motive. Because even if we agree that profit is generally OK, we can still worry about the things that people (or companies) will do in the pursuit of profit.

I’ll focus another day on the profit motive. Today I want to focus on profit itself. It seems to me that there are 2 kinds of circumstances in which profit itself is subjected (rightly or wrongly) to ethical criticism. One is when profits are excessively large; the other is when profit is gained unjustly. Today I’ll focus solely on the idea of excessive profit.

Several industries are commonly singled out as having unjustly large profits. One is the banking industry. Another is the pharmaceutical industry. Likewise, if we expand the category of “profit” to include individual profit in the form of salaries, then Wall Street is regularly singled out as a place where excessive profits are to be had. The fundamental ethical question with regard to large profits is what philosophers would call a question of “distributive justice.” Basically, is it fair that some people have so much money, while others in the world have so little?

A few points are worth making about big profits:

1) It’s worth remembering that very large corporate profits don’t necessarily translate into large amounts of personal wealth for anybody. Consider the fact that a company that has several billion dollars in profits — a lot of money, by anyone’s accounting — might have hundreds of millions of shares outstanding, spread across thousands (or even millions) of shareholders, and might pay out only a tiny dividend (say, a dollar per share). So a massive profit doesn’t necessarily translate into massive personal wealth for anyone.

2) Although many of us have intuitions that say that large disparities in wealth are unjust, it has proven incredibly difficult to translate those intuitions into anything like a coherent ethical theory. Despite our best efforts, we simply have no sound explanation of a) why it is that differences in wealth (fairly acquired) ought to be considered unfair, or b) just how large a difference has to be in order to be considered unfair. The lack of such a theory doesn’t negate our intuitions, but it should give us pause before we assert that particular disparities are “obviously” or “grossly” unethical.

3) It’s worth noting that what I referred to above as our “intuition” about injustice might also be referred to as a form of envy. And envy is far from admirable. As philosopher Anthony Flew once pointed out*, “this envy which resents that others too should gain, and maybe gain more than us, must be accounted much nastier than any supposed ‘intrinsic selfishness’ of straight self-interest.”

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*Anthony Flew, “The Profit Motive,” Ethics, Vol. 86, No. 4 (Jul., 1976), pp. 312-322
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Update: Part 2 of this series is here and Part 3 is here.

Utility Monopolies: Who Pays for Mistakes?

Naturally, when any organization suffers unanticipated expenses, it’s going to have to find ways to make up the shortfall in its budget. That’s exactly what happened to Ontario Power Generation (OPG), the provincially-owned power company responsible for generating about 70% of all the power consumed in the Canadian province of Ontario. A legal battle with customers ended up costing the company nearly $20 million. So, where did the company turn to recoup that amount? Well, to its customers, of course.

Here’s the story, via the CBC: Ont. electricity rates expected to rise next week

Electricity ratepayers in Ontario, already reeling from soaring prices, should brace for more increases.

The Ontario Energy Board agreed Tuesday to let utilities raise rates to recover $18 million they paid in fines and legal costs after charging consumers excessive interest on late payments….

Now most companies could only dream of passing along such costs to their customers. Some might even succeed. But most wouldn’t. Most would be hindered by the fact that, if they raise the prices they charge to customers, customers would simply buy from someone else. But electricity in Ontario (as in most places) is a monopoly: an organization called Hydro One has a monopoly on distribution of electricity throughout Ontario, and the power it distributes is produced by a small handful of organizations, the most significant of which by far is OPG. So, with the consent of the Ontario Energy Board (the relevant regulatory agency) all OPG has to do is raise its prices, and the company’s customers end up paying for the consequences of its legal tussle with…the company’s customers.

I don’t know much about the original lawsuit, but I do know that this was a predictable result of it. And that puts customers of utilities in a strange position. Sure, customers can sue the a utility when they screw up, but all the utility is going to do is turn around and raise your rates to get the money back out of you.

Now, just to be clear, I generally have nothing against this sort of monopoly. Electricity distribution is what economists call a “natural monopoly.” It’s crazy to have multiple competing sets of power lines running down to street. And, for that matter, it might well be crazy to let many multiple competing companies all run nuclear power plants (OPG runs several of those). But at any rate, it’s worth recognizing the effect that this monopoly (or quasi-monopoly) situation has in the event that the company screws up (say, by overcharging customers). The expenses incurred are entirely likely simply to be passed along to their captive customers.

By the way, Ontario Power Generation (whose only shareholder is the government of Ontario) had a profit of $333 million for the 4th quarter of 2010.

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Thanks to NW for the story.