Why Open Competitive Markets Are So Essential for Growth - and What Law Can Do About it

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1 Aristides N. Hatzis Professor Philosophy of Law & Theory of Institutions Department of History & Philosophy of Science Why Open Competitive Markets Are So Essential for Growth - and What Law Can Do About it EPLO February 28, 2018

2 Λέξεις Ελεύθερη Αγορά Καπιταλισμός Παγκοσμιοποίηση «Νεοφιλελευθερισμός»

3 Mancur Olson ( ) Open Markets 1965 Efficient Institutions Wise elites 1982

4 Open and competitive markets

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6

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8 Constitutional Liberal Democracy

9 An unprecedented fall in extreme poverty

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14 Open markets! (no brainer)

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24 45 Gini Income Inequality Index ( ) Least Economically Free Countries 50 Most Economically Free Countries Data source: International Human Development Indicators, UN Development Programme; CIA World Factbook, Central Intelligence Agency; Economic Freedom of

25 Income Share of the Poorest 10% and Economic Freedom Most Free. Least Free Sources: The Fraser Institute; The World Bank, World Development Indicators, 2013.

26 Income of the Poorest 10% and Economic Freedom Most Free. Least Free Sources: The Fraser Institute; The World Bank, World Development Indicators, 2013.

27

28 Political Rights (out of 10) Economic Freedom and Political Rights Most Free Quartile 2nd Quartile 3rd Quartile Least Free Quartile Most Free. Least Free Sources: The Fraser Institute; Freedom House, Freedom in the World Country Ratings, 2012

29 Civil Liberties (out of 10) Economic Freedom and Civil Liberties Freest Quartile 2nd Quartile 3rd Quartile Least Free Quartile Most Free. Least Free Sources: The Fraser Institute; Freedom House, Freedom in the World Country Ratings, 2012

30 Economic Freedom and Corruption High scores indicate low corruption Corruption Rating (out of 100) Most Free Quartile 2nd Quartile 3rd Quartile Most Free. Least Free Least Free Quartile Sources: The Fraser Institute; Transparency International, Corruption Perceptions Index, 2014

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32 Securing Property Rights & Environmental Protection

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37 The Greek Market

38 GREECE Mostly Unfree... Cyprus Index of Economic Freedom-2017: 127/180 48/180 Last in the EU (Slovenia 97 th ) Economic Freedom of the World-2017: 116/159 14/159 Last in the EU + Europe (Slovenia 73 rd ) Doing Business 2017: 67/190 53/190 Last in the EU + Europe (Luxemburg 63 rd ) Global Competitiveness Report : 87/137 64/137 Last in the EU (Croatia 74 th ) ICC Open Markets Index 2017: 50/75 44/75 Last in the EU (Italy 45 th ) Legatum Prosperity Index-2016: 77/143 33/143 Last in the EU (Bulgaria 73 rd )

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42 Government is not (necessarily) the enemy of the market

43 Markets & Politics The real enemies of an open competitive market Big Business, Cartels (regulatory capture) Strong professional organizations (lawyers, physicians, teamsters) Powerful public sector unions (inefficient public sector)

44 Markets & Politics Welfare State safety net welfare populism equal opportunities redistribution benefitting the powerful Government intervention Market failure # government failure Public goods # rent-seeking Institutional framework # kleptocracy (crony Capitalism)

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46 Clientelism Government Opposition

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48 Public & Private Sector Employees (salaries) Public Sector Employees Private Sector Employees

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50 Institutions

51 Institutions Formal Constitutions Laws Executive Orders Informal Social Norms Trust

52 Ronald Coase

53 Douglass North Institutional framework for economic growth Rule of law, high quality regulation, open markets

54 Extractive economic institutions: Designed by the politically powerful elites to extract resources from the rest of society. Inclusive economic institutions: Secure property rights, law and order, markets and state support (public services and regulation) for markets; open to relatively free entry of new businesses; uphold contracts; access to education and opportunity for the great majority of citizens, i.e., create incentives for investment and innovation and a level playing field.

55 Daron Acemoglu, Athens, Dec. 2014

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57 The Greek trap A bloated inefficient welfare state but also Tax evasion (as a social right) A huge inefficient public sector Corruption essentially tolerated if not decriminalized Public sector union power Closed professions Overregulation to ensure rent-seeking A state made for the welfare of politically powerful pressure groups

58 Institutions Formal (law) Constitution Laws Regulations Informal (social norms) esp. Trust

59 Institutions Formal Overregulation Legal Formalism law in books / law in action Closed Markets Delays in the administration of justice Low quality regulatory environment High Transaction Costs Informal

60 regulations! laws (today more than 4.300) presidential decrees ministerial decisions local government decisions Institute for Regulatory Policy Research

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62 Yeah, right

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65 Administration of Justice

66 Enforcing Contracts (1.580 days)

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73 Institutions Formal Informal Low level of trust Low Social Capital Voluntarism and Philanthropy Collective Action Problems Free-riders Cooperation/Reciprocity Corruption

74 Low levels of trust Government: 14,6% (51,7%) Courts: 40,2% (52,6%) Education system: 51,8% (66,1%) Other people 16,5% (24,2%) Philanthropy: 9% (28,9%) Volunteerism 10% (20,9%) Global average in parentheses

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76 Low Level of Trust

77 A political culture of Statism Protectionism Corruption Cronyism Nepotism Rent-seeking Irresponsible spending

78 Institutional Deficit An institutionally immature society Institutional sclerosis and institutional atrophy

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80 Canada

81 Greek Prisoner s Dilemma Greek institutional problem is a textbook example of a collective action problem

82 Elites

83 Economic Illiteracy and Political Ignorance Knowledge deficiency of basic information for politics, institutions, society and economy 4 biases Anti-market bias Anti-foreign bias Anti-technology bias Anti-present bias Confirmation bias

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89 Οικονομικός Αναλφαβητισμός & Πολιτική Άγνοια Έλλειψη βασικών γνώσεων για την πολιτική και τη λειτουργία των θεσμών 4 προκαταλήψεις προκατάληψη κατά της Αγοράς προκατάληψη κατά των Ξένων προκατάληψη κατά της Τεχνολογίας προκατάληψη εις βάρος του Παρόντος και του Μέλλοντος Πλάνη Αυτοεπιβεβαίωσης

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92 Greeks are riskaverse

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94 Greeks

95 Thank you!

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