The Memo by Howard Marks
The Memo by Howard Marks

More on Repealing the Laws of Economics

Howard Marks's Memo, "More on Repealing the Laws of Economics"

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Oaktree Capital Management HostHoward Marks Guest

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Episode Summary

Executive Summary: Howard Marks argues that governments often try to override economic laws through rent control, insurance regulation, tariffs, and fiscal/social spending policies, but such interventions usually create shortages, higher costs, and worse outcomes. He uses California insurance and U.S. trade/fiscal debates to show that free markets are imperfect but usually outperform attempts at broad control.

Main Topics: The laws of economics and government intervention (Priority: 5/5): Marks frames economies as systems governed by supply, demand, incentives, and comparative advantage, warning that political efforts to dictate outcomes often create unintended consequences. Rent control as a cautionary example (Priority: 5/5): Rent caps help current tenants and politicians but harm landlords, developers, mobility, housing quality, and new supply, reducing overall welfare. California wildfire insurance collapse (Priority: 5/5): He argues California regulators suppressed risk-based pricing, prompting insurers to exit, premiums to surge, and many homeowners to become uninsured or underinsured before the 2025 fires. Tariffs and protectionism (Priority: 5/5): Marks examines tariffs as taxes that may support domestic production or national security goals, but generally raise consumer prices, reduce competition, and distort trade. Manufacturing decline and comparative advantage (Priority: 4/5): He contends U.S. deindustrialization reflects rising prosperity and global comparative advantage more than trade cheating, and that reindustrializing the U.S. broadly is unrealistic. Fiscal deficits and national debt (Priority: 5/5): Marks criticizes persistent deficit spending as unsustainable, arguing that borrowing faster than GDP growth compounds debt and interest burdens over time. Social Security solvency and generational equity (Priority: 4/5): He says Social Security’s pay-as-you-go model is headed for insolvency around 2035 unless unpopular reforms occur, and that policymakers are avoiding the issue to protect older voters.

Key Arguments: Economic systems operate according to basic laws; governments can override prices and incentives, but not eliminate scarcity or risk. Rent control preserves occupancy for some but reduces mobility, maintenance, and new housing supply. California’s insurance regulators limited risk-based pricing, so insurers withdrew rather than write policies at uneconomic prices. Tariffs are effectively taxes on imports; while they can protect strategic industries, broad tariffs usually increase costs for consumers and can reduce competitiveness. U.S. manufacturing loss is largely a normal result of rising wealth and a shift toward services, not a problem that can be solved by simply forcing production back onshore. Persistent deficits are dangerous because debt and interest costs compound faster than GDP if borrowing is not restrained. Social Security’s funding gap is mathematically predictable and politically ignored because proposed fixes are unpopular. Free markets do not produce perfect outcomes, but they generally maximize welfare better than heavy-handed attempts to mandate fairness.

Data Points: U.S. goods trade deficit (2024): $1.2 trillion - Marks cites this as the basis for Trump’s anti-trade view. U.S. services trade surplus (2024): $290 billion - Offsets part of the goods deficit in advanced services and IP. U.S. manufacturing share of non-farm jobs today: 8% - Shows long-term decline in manufacturing employment. U.S. manufacturing share of non-farm jobs in 1950: about 30% - Used for historical comparison. Manufacturing job openings in the U.S.: about 400,000 - Marks says openings exist but are not being filled. California insurer rate approval time: 157 days (2013-2019) to 293 days (2020-2022) - Illustrates regulatory sluggishness in the insurance market. State Farm non-renewals in 2024: over 70,000 policies - Part of insurer withdrawals before the 2025 fires. Fire insurance premium example: $4,500 to $18,000 annually - Example of steep premium increases for homeowners. Insured share of affected properties by 2025 fires: fewer than a quarter - Marks cites widespread underinsurance after regulatory distortion. Expected payout on example fire policy: $50,000 - 1% annual probability on a $5 million house. Regulator-capped premium in example: $25,000 per year - Marks uses this to show why insurers would refuse the policy. U.S. federal deficit (FY 2024): $1.8 trillion - Equivalent to 6.4% of GDP during prosperity. U.S. deficit-to-GDP (FY 2024): 6.4% - Marks argues this is too high in good times. Social Security trust fund exhaustion year: 2035 - Projected depletion absent reform. Benefits payable after depletion: 79% of promised benefits - Estimated level if only payroll receipts are used. Social Security taxable wage cap: $176,100 - One proposed lever for reform. Boomers' share of votes in 2020 presidential election: 38% - Used to explain political resistance to Social Security reform. Current monthly Social Security benefit cited by Marks: $4,612 - He says wealthy boomers like himself should not receive it.

Pivotal Quotes: "You can limit the rents landlords can charge for their apartments, but you can't make developers build new ones." — Howard Marks: Rent control example showing that price caps cannot create supply. "You can limit the price insurers can charge for coverage, but you can't make them provide coverage at that price." — Howard Marks: California wildfire insurance example illustrating regulatory consequences. "Free market economies don't produce perfect solutions, but efforts to significantly control them make things much worse." — Howard Marks: Closing thesis summarizing his overall position.

Implications: Listeners should expect more shortages, higher prices, and solvency risks when policymakers suppress market pricing. Marks urges targeted remedies and safety nets, not broad price controls or unchecked borrowing.

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About The Memo by Howard Marks

On October 12, 1990, Oaktree Co-Chairman Howard Marks published his first memo to clients. In the decades since, he has periodically released memos reflecting his viewpoint on the investment landscape, as well as more general business insights. On this podcast we'll hear the latest memos by Howard, released in tandem with or shortly after their publication.

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