CORPORATIONS AND THEIR INFLUENCE ON GOVERNMENT POLICY GROWTH OF CORPORATIONS In 1999, Exxon Mobil, General Motors, and Ford each had greater revenues than all but 7 of the 191 nation states then in existence. The top 6 corporations had more annual revenues than the budgets of 64 nations, which, in turn, had over half the world’s population. As mergers and acquisitions (M&As) proceed, the size of corporations does too. This concentrates more monetary wealth, and power, in the hands of fewer individuals. In 1999, international and domestic M&As totaled 24,000 worth$2.3 trillion (U.S.). Canada’s deals even larger than those of the USA based on the relative size of our economies. (See William Stanbury, “New Competition Act and Competition Tribunal Act: ‘Not with a Bang but with a Whimper’”, Canadian Business Law Journal 12 (1986-87)). Examples of Canadian M&As include Air Canada’s takeover of Canadian Airlines, Indigo’s takeover of Chapters, the purchase of Southam’s by Hollinger and the subsequent purchase of Hollinger’s media interests by CanWest Global Comms. The personal effects of the increased concentration of power is the ability of airlines such as Air Canada, or banks, or oil companies to treat consumers like dirt. However Glasbeek suggests there are more sinister and serious outcomes of the greater concentration. There are horizontal mergers with former competitors and vertical mergers with suppliers, and conglomerates that bring together firms from different sectors of the economy e.g. financial institutions with airlines. 1 The vast size and concentration make it more difficult for governments to control the actions of the behemoths. They can also dictate terms to workers and their unions, to suppliers and buyers who have no choice but to deal with them. Such power has raised the argument that large corporations should be treated like government, with public checks on their power. (See R.A. Dahl “Preface to Democratic Theory” 1966 Yale Univ. Press; and “After the Revolution: Authority in a Good Society” 1970, Albany, State Univ. of N.Y. See also Stanley Deetz, “Democracy in an Age of Corporate Colonization” 1992, Albany State Univ. of N.Y.). As S. Beck stated (“Corporate Power and Public Policy” in Consumer Protection , Environmental Law, and Corporate Power ed. Bernier and Lajoie, Vol 50) in a private enterprise market system, most critical decisions about technology , what is produced, how work is to be done, location of plants, investment levels, quality of goods and services, creation of new products or services are largely made by businessmen. Government’s role is mainly to acquiesce to the needs of business as identified by business. Maclean’ Magazine put it “If CEOs of the big corporations have begun to talk like government leaders, it is not entirely accidental: these days they run the show” (Aug. 2, 1999). Society and governments have become dependent on the largesse of corporations. Sporting events, charitable organizations, schools, colleges and universities, newspapers, television stations and governments themselves have become hooked on corporate cash and sponsorship. Asbestos: Oct. 2000, WTO upheld Europe’s ban on imports of Canadian asbestos. Canada appealed – not to poison foreigners but to support the Canadian (Quebec and Newfoundland & Labrador) asbestos industry. The Quebec Federation of 2 Labour supported this, arguing that asbestos can be used safely. The Asbestos Institute is funded by the industry and the Canadian and Quebec and Newf provincial governments. Canada persuaded South Korea to remove hazard labels on asbestos, designed to warn workers. Canada also did a deal to state British handling of mad cow disease was OK in exchange for British delay in banning Canadian asbestos. Governments marginalized. Culture of TINA. Wallace Clement The Canadian Corporate Elite: An Analysis of Economic Power, McLelland & Stewart, 1975, Toronto, recorded an extensive system of interlocking directorships across the corporate world as well as overlap of government and private sector functionaries in volunteer quasi-public agencies. Various lobby groups and think tanks propagate private enterprise policies by governments. Contributions to political coffers Robert MacDermid explains how Ontario Common Sense Revolution was funded by corporations in 1990s and former Liberal (1968-73) insider Mel Hurtig of Alberta discussed patronage and the distortion to democracy in The Betrayal of Canada. Manitoba and Quebec ban corporate funding. The NDP refuses to accept it from large corporations. The main parties talk of electoral reform but don’t bite the hands that feed them. Large corporations have persuaded govts that corporate concentration is not an evil but in fact a good as it helps governments’viability. Less competition domestically would help corporate competitiveness abroad. 3 Lobbying by corporate proponents ensured that domestic competition law is weak and weakly enforced. Justification of takeovers and mergers is that better managers will be brought in to improve shareholders’ earnings. But DuBoff and Herman found no evidence of improved efficiency and perhaps less efficiency. KPMG found no net gain for shareholders. Concentration on shareholders distorts the social and economic issues. Frequently workers pay the price of M&As. Hewlett Packard and Compaq merger 2001. 15,000 workers sacked to create “efficiencies”. May 2001 Clairol workers sacked (4000) after Procter & Gamble take over. General Electric’s purchase of Honeywell produced resistance from the European Community and the European Commission banned the sale as risking fall in competition. The parties wooed investors by promising job cuts of 30,000 jobs at Honeywell and 11,000 at G.E. Such announcements tend to improve share prices on stock markets. JDS Uniphase paid too much for its acquisition which cost 17,000 jobs. Nortel paid too much for its acquisitions and 30,000 jobs were lost. General practice is for executives and managers not to oppose takeovers or mergers. So when Qwest and U.S. West were merged, CEO Sol Tujillo got $15 million US severance pay plus $46 million in stock options plus $11 million to cover taxes on the gift plus $24 million in shares in Qwest. When AOL and Time Warner merged, 2000 workers were threatened with layoff and many more were laid off. Stock options of US $3 billion were given to 2 AOL and 5 Time Warner executives. Executives may not always play the game. When Vodaphone bid for Mannesmann AG ($28 billion) , the Mannesmann CEO 4 and senior executives were offered $72 million. Vodaphone denied a bribe though the Mannesmann CEO left with $43 million and the executives shared $20 million. It is not clear whether efficiency improves. What is clear is that the executives benefit and many workers do not. Corporate monopoly power undermines the free market and the principles of liberal democracy. They can do so by simply threatening to withdraw from the jurisdiction the accumulated wealth of the corporation. A culture of interdependence or perhaps co-dependence is orchestrated by the corporations. The privilege of the wealthy is offered as compatible with the public interest in a liberal democracy. Is this a sustainable argument? The interdependence arguably undermines democracy, which implies distribution rather than concentration of power. Glasbeek notes the following factors. 1. The relationship between government and large corporations explains the reluctance to use criminal law for corporate deviance. 2. The preference to use the regulatory rather than criminal law raises concern because of the role corporations typically have in the drafting of regulations See Stanbury’s account of the creation of the competition regulations. 3. Chemical industry (CCPA) fought prohibition of certain profitable chemicals. Concerns in 1980s had arisen over Bhopal, Agent Orange and other disasters. The industry fought regulation through lobbying, industry membership on blue ribbon panels. In 1999, Government acceded to industry’s demand to return to self regulation. A similar story 5 is unfolding over the use of genetically modified food. See the Canadian Biotechnology Advisory Committee. 4. Governments have limited resources for research. Universities funded by GOVT but limited money. Value of university is neutral research but increasing dependency on corporate funding. Indeed Govt granting bodies encourage research where funds can be obtained from corporate sector. This skews the research toward products – pills etc. 5. They rely on corporate money. See Eyal Press and Jennifer Washburn in The Atlantic Monthly, “Kept University” See also Neil Tudiver, Universities for Sale (Lorimer, 1999, Toronto) The Corporate Campus ed. James Turk. Corporations dictate the terms and professors frequently have stocks in the company. In matters of drugs, medicine it is increasingly difficult to find academics who are not in conflict of interest due to financial or employment connections with corporations. 6. Dr. Nancy Olivieri, medical researcher at Hospital for Sick Children and on Faculty at University of Toronto. She signed confidentiality agreement with Apotex for testing and development of a drug. Olivieri informed the patients of risks she had found and was demoted by the Hospital and taken off the study. The University of Toronto did not support Olivieri in her dealings with Apotex. Coincidentally Apotex had promised a large donation to the University. Olivieri’s reputation was trashed by Apotex but she was vindicated by two investigative reports. 7. See also David Healy fired from position at U of Toronto before he even took up the position. His misdemeanor was to publicly question the benefits and to warn of the dangers of 6 Prozac. The institute at U of T that he would have worked at was funded by pharmaceutical companies’ money. As universities serve a purpose in our liberal society to generate diverse ideas and knowledge and to call into question the actions and ideologies of the status quo, it does not serve this role well to have universities funded by corporations and to have their professors acting for the private good rather than the public good. 7