Michael O'Brien

Strategic Approaches to the Legal Environment of Business


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to try to offset individual supplies or demands. The quantities depicted in Figure 4 and Figure 5 differ greatly, which happens in the common market scenario when the number of buyers greatly exceeds the number of producers. Once they are aggregated, however, they are directly comparable, by focusing only on the combined amounts rather than the quantity of entities involved.

      The very core of the workings of the market model is that market demand and market supply meet each other at the marketplace. All the entities who want to buy a product meet all the entities who want to sell it. As a result, the market demand and the market supply can be graphically depicted with the same set of coordinates, and their interaction can be observed, as in Figure 6.

      Figure 6 The market supply and demand of hamburgers during an average week in Marketville.

      Markets tend to move toward equilibrium under certain circumstances. Those circumstances include: 1) The entities are rational. That is, they realize their own self-interests and always follow them, 2) the markets are competitive, meaning that the buyers and sellers are relatively numerous and similar in size, so no single one of them can exert undue influence on what is happening on the market, and 3) perfect information ensures that all buyers and sellers are familiar with all of the relevant information regarding the product. When a market exhibits these traits, it is a perfectly competitive market or perfect competition.

      In a perfect competition, the behavior of individual buyers and suppliers ensures that the market converges towards equilibrium. Consider the situation depicted in Figure 7. The equilibrium price is still 5, but for some reason, the current price on the market is only $4. At that price, the suppliers are only willing to provide 1,000 hamburgers, but the buyers want to purchase 2,000 leading to a hamburger shortage. Out of the 2,000 units in demand, buyers are only able to purchase half that amount.

      Figure 7 Disequilibrium in Marketville.

      When the price is higher than the equilibrium price, similar mechanisms can be seen. In that case, the quantity supplied exceeds quantity demanded, leading to surplus production (or as economists euphemistically call it, unintended inventory investment). In practice, this means that sellers can’t get rid of their stock (or in case of the hamburger example, only a few consumers come in to eat them). Seeing the products pile up (or the dearth of consumers), producers will organize a “sale”—which is literally a reduction of price, potentially moving the market towards equilibrium.

      A market failure occurs when the allocation of goods and services is not efficient in the manner described above. There are two kinds of market failure in law: 1) those which the courts regulate and 2) those which the courts leave to market participants to resolve.

      Transaction costs are all the costs associated with the purchase that have to do with making sure the purchase actually happens. Legal fees associated with lawsuits are the transaction cost most commonly discussed in this volume. Searching costs involved in finding the right employee are explored in Chapter 7.

      An additional cost is information gathering. In the age of the Internet, an overabundance of information makes it hard to determine what is reliable, creating additional transaction costs for information validation efforts.

      Bargaining is a transaction cost in the process of coming up with the actual details of a given transaction. Bargaining involves the process of finding terms (usually those other than price and quantity) that are necessary in order to close the deal. Some terms worth bargaining for are described in more detail in Chapters 46.

      Enforcement