Improving Cross-Border Integration and Regulation of the Automotive Industry

by Guy Stanley on August 20, 2009
Subject:Economic and Financial Aspects

Case Synopsis

The author, Michael Hart for the C.D. Howe Institute, suggests that reducing regulatory divergence on automotive products-especially fuel consumption, safety and environmental protection-on both sides of the Canada-US border would be a significant complement to the responses both governments have recently made (2009) to respond to the industry's financial problems. Such a reform, he argues, would cost taxpayers nothing and could help reduce the trend to border "thickening" while "blazing a trail" towards eliminating the border as a constraint on Canadian trade and economic development.

Educational Objectives

The document touches on themes related to theories of regulation and interest groups, comparative regulation, public choice, international trade and economic integration, and Canada-US border management.

Teaching Plan

One of the main values of this article is that it represents the thoughts of one of Canada's most experienced trade negotiators, one who played a significant role in crafting the Canada-US free trade agreement (CUFTA) and NAFTA, as well as writing much of the subsequent literature on Canada-US trade relations and trade policy. One challenge in presenting this document to undergraduate students is to identify the points that imply or rest on certain theoretical propositions.

Questions for Discussion

Some questions suggested by the text:

1. What is regulation for? The article implies a number of possible responses:-
-To enhance public safety (through certification of parts and establishing performance standards)
-To help strengthen domestic industry competitiveness
-To enhance market efficiency by ensuring complete information is supplied to consumers (e.g. fuel standards)
-To enhance returns to segments of the industry and/or accelerate the flow of additional benefits to bureaucrats (performance bonuses, promotions, program expansion, etc.). Parts of this argument Mr. Hart draws from public choice economics.

2. An underlying theme of the article is the economic integration of the automotive industry in North America, beginning with the 1964 Auto Pact, contrasted with the divergence of regulatory approaches and outcomes. Students could be asked to account for the regulatory differences, given the common North American industrial base, and in particular, the relatively tight network of Canada-US bureaucratic cooperation, using any or all of the theories of regulations

3. How has the EU achieved joint regulation of the automotive industry, despite the fact that it the European industry is less fully "integrated" than is the North American one? The European countries, working through the UN Economic Commission for Europe, as the article mentions, constituted a working group composed of European countries with Canada and the US also as members. The group approves automotive equipment by approving technical standards. Canada and the US take part in these deliberations and conduct technical studies with recommendations. Nevertheless, as the article also emphasises, North American regulators have adopted a different approach to industry regulation.

Perhaps surprisingly, Hart recommends a direct Canada-US approach to harmonization, rather than working through the ECE Automotive Working Party-despite the fact that bilateral regulatory harmonization has not performed that well.

4. The NAFTA agreement, like the CUFTA before it, and the WTO, are all based on "national treatment" -non-discrimination against foreign companies while respecting the national basis of regulation. The WTO agreement also includes "common standards" agreements that go beyond national treatment, such as the TRIPS (trade related intellectual property standards) accord. These impose a uniform duty on countries to respect intellectual property, in particular patents and copyright, irrespective of stages of development or other national particularity. Is Hart now arguing AGAINST national treatment, instead advocating common regulatory standards across Canada and the US?

5. Why does Hart argue against including Mexico? Is this position justified? (See, for example, "Canada Spends Big to Save GM: So Why Not Mexico?" at http://www.time.com/time/business/article/0,8599,1908205,00.html.

6. At the root of the article is an even more fundamental question: whether harmonizing auto regulations will have the effect of simplifying cross border flows for just-in-time manufacturing in Canadian plants. On might be inclined to be skeptical in light of the fact that the US position remains that "stop and search" offers more security than "seal and ship".

7. Other important questions are also implied by the article. One is whether the national interest of either country should include public spending to aid the recovery of the North American headquartered auto industry. A second is whether such spending amounts to a violation of the non-discrimination principle of the WTO. A third is Hart's use of the term "harmonization": what machinery would be necessary to ensure that "harmonization" indeed maximized welfare in both national jurisdictions...and what machinery could accomplish that, given the size advantage of the US..and whether indeed such changes would in fact be "cost free".

Relevant Courses

Trade Policy: This case raises a key theme: the extent to which trade policy is actually industrial policy. In this case, the focus on the auto industry arises because of its size in relation to Canada's manufacturing sector. Solving the border management problem will set the stage for another phase of productivity enhancement of the sector. But this will also likely require some North American regulatory harmonization. The case suggests a way of taking care of both issues in pursuit of the common NAFTA goal of continental industry efficiency. Should trade policy serve industrial policy in this way?

International Political Economy: How do state actors react to threats to large industries that owing to what one might call "legacy issues"? What forces would get behind the solution proposed in the article ands which would likely oppose it? What level of inter-state cooperation would be required to ensure its success? How does the North American approach to these issues compare with the more centrally organized EU approach to harmonizing state aid to industry?

North America and Global Markets: The article under consideration ignores the success of Asian auto companies in the North American market as well as such niche players as truck and school bus manufacturers. Do what extent is the decline of the Big Three North American car-makers (GM, Ford and Chrysler) linked to the issues in this case? Do the Canada-US bail-out plans-which make governments direct beneficiaries of company recoveries-change the logic of competition in any way? How does the new state interest relate to NAFTA and WTO trade rules regarding state assistance and subsidies?

Economics of Regulation: Some of the questions touched on in the case discussion relate directly to the economics of regulation. In particular, the case raises interesting questions around: theories of regulation, the purpose of industry regulation; competitive effects of national regulation and costs of compliance; challenges of modeling regulatory "trade offs" across national jurisdictions that compete for employment allocations by producers.

Public Choice: The underlying attack on small regulatory differences in the article is informed by a public choice approach to industry regulation. By extension, the topics raised also allow for a more in-depth exploration of the regulatory issues around the North American auto industry and the public choices that resulted.

Industrial Organization: the automotive industry is a significant oligopoly characterized by intense imperfect competition. The case suggests compliance costs of regulatory differences pose a significant challenge to industry efficiency. The proposition can form the basis of a discussion of competition models and game theoretic choices of company and government strategies.

Suggested Bibliography

Anastakis, Dimitry (2005). Auto Pact: Creating a Borderless North American Auto industry 1960-1971. Toronto: University of Toronto Press.

Canadian Chamber of Commerce (2009). Finding the Balance: Shared Border of the Future. Ottawa: Canadian Chamber of Commerce, available from http://www.uschamber.com/NR/rdonlyres/evlsrujxbtkzuprf3tjl43e462a373cqerpd2j3e3ca4gygnip3v3h6dtwsu4zhhfgfozha4pru5jxbhtrxdizcqh4f/0907_sharedborder.pdf.

Curry, Bill, Greg Keenen and Shawn McCarthy (2008) "Ottawa Moves to Emulate U.S. on New Fuel Mileage Standards." The Globe and Mail,17 January, A1.

Cust, Michael, and Alexander Moens (2008). "Saving the North American Security and Prosperity Partnership: The Case for a North American Standards and Regulatory Area." Fraser Institute Digital Publication, available from http://www.fraserinstitute.org/commerce.web/product_files/Security_Prosperity_Partnership.pdf.

Irish, Maureen (2009). "Regulatory Convergence, Security and Global Administrative Law in Canada-United States Trade." Journal of International Economic Law 12(2): 333-355.

Keenan, Greg (2007). "A Roadblock at the Border." The Globe and Mail, 9 October, B1.

Kirton, John and Alan M. Rugman (1998). "Regional Environmental Impacts of NAFTA on the Automotive Sector." Canadian Journal of Regional Science, available from http://dev.hil.unb.ca/Texts/CJRS/bin/get.cgi?directory=Summer98/&filename=kirton.htm.

Hart, Michael (2007). Trading Up: The Prospect of Greater Regulatory Convergence in North America. Mexico: United Nations Publications, available from http://www1.american.edu/ia/cnas/pdfs/hart.pdf.

Holmes, J. (1992). "The Continental Integration of the North-American Automobile-Industry from the Auto Pact to the FTA and Beyond." Environment and Planning 24(1): 95-119.

Molot, Maureen Appel (1993). Driving Continentally: National Policies and the North American Auto Industry. Don Mills: Oxford University Press Canada.

Sands, Christopher, and Sidney Weintraub (1998). The North American Auto Industry Under NAFTA. Washington, D.C: CSIS Press.

Vogel, David (1998). Trading Up: Consumer and Environmental Regulation in a Global Economy. Cambridge: Harvard University Press.

Suggested Web Resources

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