Oaktree Memos •
Shall We Repeal the Laws of Economics?
by Howard Marks, Co-Chairman, Oaktree Capital Management
READ THE ORIGINAL
Published in full and free by Oaktree Capital Management. This page indexes its arguments; it is not a copy.
THE ARGUMENT
An election-season memo, and explicitly not an endorsement of either candidate. Governments can pass laws to encourage behavior, he argues, but in general cannot mandate outcomes — a case he tests against gouging bans, rent regulation, tariffs and wage floors. He grants government its essential roles, and that the income gap has widened a great deal of late.
What it actually claims
Behavior can be encouraged or even compelled by law, he argues; outcomes, in general, cannot be mandated.
Korea is his natural experiment: one people split in two, with a gap he thinks settles the argument about systems.
- GDP per person in purchasing power terms estimated at $2,000 in North Korea against $50,000 in the South, on data he calls scarce for the North
Gouging is defined with subjective words — unfair, excessive, exorbitant — which leaves open who decides and by what standard.
- grocery prices up 26 percent since 2019
- supermarket margins of about 1% to 2% of sales, changed only a little in 2021-22
Surge fares, concert tickets and a higher asking price on a house are the same act: markets clearing on supply and demand.
- Ford’s contract gave an 11% wage increase in the first year and 25% over 4.5 years, plus a $5,000 ratification bonus
New York rent regulation is his longest case: rents held down, supply barely growing, some apartments worth more empty than let.
- rental apartment growth of only 0.3% a year between 2002 and 2017
- roughly 20,000 vacant rent stabilized apartments as of 2022
- a vacant-and-available rate of 1.4%, the lowest since 1968, against a healthy 5 to 8 percent
He costs both sides’ proposals: down-payment help that would almost certainly lift home prices, and tax cuts nothing pays for.
- a million buyers at $25,000 each, or $25 billion in all
- Penn Wharton: $320 of 2026 tax relief for the average person in the bottom quintile against $47,220 for the top percentile
- $5.8 trillion added to the deficit over a decade, or $4.1 trillion allowing for trickle-down effects
He calls the deficit an embarrassment, and says the Social Security fund goes insolvent by arithmetic unless something changes.
- the last surplus in 2000
- annual interest on the national debt exceeding the Defense Department budget for the first time
China is the objection he takes on directly: its growth rests heavily on a private sector the state learned to accommodate.
- GDP growth of nearly 9% a year for the last 45 years
- private firms at 60% of GDP, 70% of innovative capacity, 80% of urban employment and 90% of new jobs
Figures are the author's own, as cited in the memo.