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Home >  Books >  Competitive Equity
Competitive Equity
Print Mail
A Better Way to Organize Mutual Funds
By Peter J. Wallison, Robert E. Litan
Posted: Tuesday, March 27, 2007
Dimensions: 6'' x 9''
154 pages
AEI Press  (Washington)
Publication Date: April 2007
Paperback
ISBN: 0-8447-4252-X; 978-0-8447-4252-6
Price: $ 20.00
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Examination Copies

Download file View Chapter 1 of Competitive Equity as an Adobe Acrobat PDF.

Mutual funds today manage $10 trillion in assets, more than the entire U.S. banking industry. Many Americans rely on mutual funds for their savings for retirement, college, and other long-term goals. Yet, as Competitive Equity argues, the current regulatory structure for mutual funds keeps costs for investors higher than they should be.

With thousands of individual mutual funds crowding the marketplace, competition among funds might seem robust. Yet the expense ratios charged by the highest-cost funds are about three times those of the cheapest--a clear signal that funds are not competing effectively on price. This is a serious issue because even small differences in price can deeply erode investment results over time.

Regulators have tended to believe this dynamic is the result of a fundamental conflict of interest between investment advisers and the funds they advise. Their preferred remedy has been ever-tighter regulation and greater independence for funds' boards of directors, which negotiate fees and expenses with the advisers.

Competitive Equity argues that the problem is not too little regulation, but too much and of the wrong kind. The authors show how current government regulatory policy leads to de facto rate regulation by fund boards. Acting remarkably like public utility commissions, boards today set fund fees on the basis of reported costs plus a "reasonable" profit, thus undermining advisers' incentive to aggressively cut costs and compete to lower prices.

To restore competition, the authors recommend the creation of a new, alternative legal structure for collective investment, the "managed investment trust," which could eventually supplant traditional mutual funds, creating a more vibrant marketplace for investors.

Peter J. Wallison is a senior fellow at the American Enterprise Institute, where he is the co-director of AEI's Financial Services Project on Financial Market Deregulation. Robert E. Litan is vice president for research and policy at the Kauffman Foundation, a senior fellow in the Economic Studies and Global Studies Program at the Brookings Institution, and co-director of the AEI-Brookings Joint Center on Regulatory Studies.

Praise for Competitive Equity

"This book is essential reading for anyone who wishes to understand and evaluate the current regulatory regime in mutual funds market, and it will be invaluable in the classroom. A quarter century has passed since it was widely recognized that ill-considered legislation and regulatory rules, ostensibly adopted to protect consumer interests by encouraging competitive behavior, often do the opposite. Among the invaluable insights brought to our attention by this book is recognition that such an indefensible regulatory regime remains in the mutual funds industry. By enforcing what amounts to a cost-plus regime, the incentives for investment advisers to operate efficiently are undercut and price competition is impeded."
--William Baumol, Harold Price Professor of Entrepreneurship and academic director of the Berkley Center for Entrepreneurial Studies in the Stern School of Business, New York University



Table of Contents

Chapter 1: A New Look at Mutual Funds
 -Why Mutual Funds
 -Rate Regulation by Mutual Funds Board of Directors Impairs Competition and Keeps Mutual Fund Prices High
 -The SEC's Failed Diagnosis
 -Providing Collective Investment Services through a Managed Investment Trust
 -What Follows

Chapter 2: A Brief History of Mutual Fund Regulation: The Conflict between the Required Structure of Investment Companies and the Economics of Collective Investment
 -The Beginnings of the Mutual Fund Business--Until 1940
 -The Investment Company Act of 1940
 -Post-1940 Refinements
 -The Mutual Funds Scandals of 2003 and Their Aftermath

Chapter 3: The Growth of the Mutual Fund Industry and Its Competitors
 -The Postwar Boom in Mutual Funds
 -Who Owns Mutual Funds?
 -Competition in and for the Fund Industry
 -The Change in Fund Distribution
 -The Developing Competition for Collectively Managed Assets
 -Conclusion

Chapter 4: The Paradox of Mutual Fund Fees
 -The Variation in Expense Ratios
 -Conventional Explanations of Expense Ratio Variations
 -The Fundamental Problem: The Industry's Regulatory Structure
 -The Vanguard Exception
 -Is Inadequate Disclosure the Problem?
 -Earlier Efforts to Promote Competition--The SEC's Division of Investment Management and the UFIC

Chapter 5: The Managed Investment Trust Option
 -The MIT Model: Some Details
 -Monitoring the MIT
 -Addressing Conflicts of Interest without a Board
 -Reducing the Obstacles to Moving from Fund to Fund
 -What the MIT Option Will Do

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