Skip to main content

Regulation, entrepreneurship, and firm size

Abstract

We empirically investigate the theory that regulatory growth within an industry disproportionately burdens small businesses relative to their larger competitors. Using RegData 3.0, we find that a 10% increase in industry-specific regulatory restrictions is associated with a 0.5% reduction in the number of firms regardless of firm size, but a 0.6% reduction in employment only among small firms. We also find that consecutive years of high regulatory growth amplify the associated negative effects of future regulations on the number and employment of small firms, but we find no amplifying effects for large firms. Finally, we find that higher regulatory growth rates are associated with lower job destruction rates among establishments owned by large firms. These findings are consistent with the Public Choice theory of regulation and imply that regulatory growth leads to fewer small businesses and reduced small business employment, with minimal negative impacts on large businesses.

This is a preview of subscription content, access via your institution.

Data availability

The data that support the findings of this study are openly available from QuantGov at https://www.quantgov.org/download-interactively and from Census at https://www.census.gov/programs-surveys/susb/data/tables.html.

Notes

  1. See Davis et al. (1998) for more details on the Davis-Haltiwanger-Schuh transformation.

  2. Bailey and Thomas (2017) find that a 10 percent increase in industry-specific regulatory restrictions is associated with a 0.5 percent reduction in the birth rate of all firms (pooled together). They also find that a 10 percent increase in industry-specific regulatory restrictions is associated with a 0.6 percent reduction in new hires among all firms (pooled together).

  3. This rate fell to just below eight percent in the midst of the Great Recession.

  4. The authors tested three models—nearest neighbors and random forests being the other two—using five-fold cross-validation. The authors chose the logit model because it performed the best of the three.

  5. For the sake of space, we must omit many important details regarding the development and accuracy of RegData. A more detailed explanation can be found in McLaughlin and Sherouse (2019).

  6. We chose SUSB over County Business Patterns for two reasons: (1) SUSB has data at the firm and establishment levels, while CBP has data only at the establishment level (which means its data misrepresent the total number of “businesses”); and (2) the Census Bureau recommends that County Business Patterns data not be used as a time series.

  7. Although the BDS dataset contains firm startup and shutdown data, it is limited to the 4-digit NAICS industry level. This tradeoff between granularity and period coverage explains the nearly identical size of the SUSB panel (4550 observations) and BDS panel (4715 observations). However, the dynamism measures of interest are only available at the 4-digit NAICS industry level in both the SUSB and BDS. Consequently, the BDS panel used in this paper is over four times larger than the SUSB panel used by Goldschlag and Tabarrok (2018).

  8. Although SUSB includes the category 0–4 employees, the data omit nonemployer firms. This implies that the small business share of the total workforce (as opposed to workers at employer firms) is greater than indicated by the numbers listed here.

  9. Bailey and Thomas (2017) alternatively use contemporaneous and lagged measures of industry regulation and obtain nearly identical results.

  10. It is also conceivable that firms could enter (or exit) periods of inactivity, whereby all employees are temporarily laid off (or re-hired), thereby affecting industry firm counts. Likewise, changes in industry classification criteria or methodological changes by the Census Bureau could affect firm counts in rare cases.

  11. In log–log models, the dependent variable, say ln(y), is regressed on a covariate of interest, say ln(x), and other log- transformed covariates. The coefficient on ln(x) has an elasticity interpretation: it reveals the percent change in y that results from a one percent change in x. If this model is first differenced, we now regress Δln(y) on Δln(x) and the first difference of the remaining logged covariates. Note that the coefficient on Δln(x) remains unchanged by the transformation and therefore retains the same elasticity interpretation. The inclusion of fixed effects in Eq. (5) does not alter this interpretation, but we include them per our identification strategy.

  12. We have estimated Models (5) to (11) using the alternative measure of small business (i.e., fewer than 100 employees) and the estimation results are very close to those provided in Tables 4, 5, 6 and 7. Although not reported, these alternative results are available from the authors upon request.

  13. The establishment startup rate is defined as 100 times the current number of new establishments divided by the average number of existing establishments in the current and prior period.

  14. These results are not included but are available from the authors upon request.

  15. The job creation rate is defined as 100 times the current number of new jobs created by establishments divided by the average number of existing jobs at establishments in the current and prior period.

  16. Goldschlag and Tabarrok (2018) find mixed results. When regressing the job creation rate for all firms on the natural log of current regulation, they find no statistically significant association between said variables. However, when including one and two period lags of the log of regulation, they find a positive and statistically significant association between log regulations lagged one period and the startup rate. They conclude that “the results suggest that lagged regulation indices are no better able to account for the decline [in the job creation rate] than regulation at time t.”.

  17. The job destruction rate is defined as 100 times the current number of jobs eliminated by establishments divided by the average number of jobs at establishments in the current and prior period.

References

  • Adler, J. (1993). Taken to the cleaners: A case study of the overregulation of American small business. Policy Analysis No. 200, Cato Institute, Washington, DC, December 22.

  • Akcigit, U., & Ates, S. T. (2019). What happened to U.S. business dynamism? National Bureau of Economic Research, Working Paper 25756.

  • Al-Ubaydli, O., & McLaughlin, P. A. (2017). RegData: A numerical database on industry-specific regulations for all United States Industries and Federal Regulations, 1997–2012. Regulation & Governance, 11, 109–123.

    Article  Google Scholar 

  • Audretsch, D. B. (1995). Innovation and industry evolution (pp. 31–38). MIT Press.

    Google Scholar 

  • Bailey, J. B., & Thomas, D. W. (2017). Regulating away competition: The effect of regulation on entrepreneurship and employment. Journal of Regulatory Economics, 52, 237–254.

    Article  Google Scholar 

  • Becker, R. (2005). Air pollution abatement costs under the clean air act: Evidence from the PACE survey. Journal of Environmental Economics and Management, 50, 144–169.

    Article  Google Scholar 

  • Bradford, S. (2004). Does size matter? An economic analysis of small business exemptions from regulations. Journal of Small and Emerging Business Law, 8, 1–37.

    Google Scholar 

  • Burger, J. D., & Schwartz, J. S. (2018). Jobless recoveries: Stagnation or structural change? Economic Inquiry, 56, 709–723.

    Article  Google Scholar 

  • Chambers, D., & Guo, J.-T. (2021). Employment and output effects of federal regulations on small business. Pacific Economic Review. https://doi.org/10.1111/1468-0106.12353

    Article  Google Scholar 

  • Crain, W. M., & Crain, N. V. (2014). The cost of federal regulation to the US economy, manufacturing, and small business. National Association of Manufacturers.

    Google Scholar 

  • Crain, W. M., & Hopkins, T. D. (2001). The impact of regulatory costs on small firms. Office of Advocacy, Small Business Administration.

    Google Scholar 

  • Davis, S. J., Haltiwanger, J. C., & Schuh, S. (1998). Job creation and destruction. MIT Press.

    Google Scholar 

  • Dean, T. J., Brown, R. L., & Stango, V. (2000). Environmental regulation as a barrier to the formation of small manufacturing establishments: A longitudinal analysis. Journal of Environmental Economics and Management, 40, 56–75.

    Article  Google Scholar 

  • Decker, R., Haltiwanger, J., Jarmin, R., & Miranda, J. (2014). The role of entrepreneurship in US job creation and economic dynamism. The Journal of Economic Perspectives, 28, 3–24.

    Article  Google Scholar 

  • Dhawan, R., & Guo, J. (2001). Declining share of small firms in U.S. output: Causes and consequences. Economic Inquiry, 39, 651–662.

    Article  Google Scholar 

  • Dixon, L., Gates, S. M., Kapur, K., Seabury, S. A., & Talley, E. (2006). The impact of regulation and litigation on small business entrepreneurship: An overview. RAND Working Paper.

  • Goldschlag, N., & Tabarrok, A. (2018). Is regulation to blame for the decline in American entrepreneurship? Economic Policy, 33, 5–44.

    Article  Google Scholar 

  • SJH Graham, C Grim, T Islam, AC Marco, J Miranda (2018) Business Dynamics of Innovating Firms: Linking US Patents with Administrative Data on Workers and Firms. Journal of Economics & Management Strategy, 27, 372–402.

  • Haltiwanger, J., Jarmin, R. S., & Miranda, J. (2013). Who creates jobs? Small versus large versus young. The Review of Economics and Statistics, 95, 347–361.

    Article  Google Scholar 

  • Hathaway, I., & Litan, R. E. (2014). Declining business dynamism in the United States: A look at states and metros. Brookings Institution.

  • Hopkins, T. D. (1995). Profiles of regulatory costs. Small Business Administration.

    Google Scholar 

  • Keefe, R., Gates, S., & Talley, E. (2005). Criteria used to define a small business in determining thresholds for the application of federal statutes. RAND Working Paper.

  • Kitching, J., Hart, M., & Wilson, N. (2015). Burden or benefit? Regulation as a dynamic influence on small business performance. International Small Business Journal, 33, 130–147.

    Article  Google Scholar 

  • Kugler, M., Michaelides, M., Nanda, N., & Agbayani, C. (2017). Entrepreneurship in low-income areas. IMPAQ International, LLC for Small Business Administration Office of Advocacy.

    Google Scholar 

  • McLaughlin, P. A., & Sherouse, O. (2019). RegData 2.2: A panel dataset on US federal regulations. Public Choice, 180, 43–55.

    Article  Google Scholar 

  • Pashigian, B. P. (1984). The effect of environmental regulation on optimal plant size and factor shares. Journal of Law & Economics, 27, 1–28.

    Article  Google Scholar 

  • Regulatory Flexibility Act of 1980, Pub. L. No. 96-354, 94 Stat. 1164 (1980)

  • Small Business Regulatory Enforcement Fairness Act of 1996, Pub. L. No. 104-121 (1996)

  • US Census Bureau. (2018). Statistics of US Businesses: Annual Data Tables by Establishment Industry. Retrieved February 13, 2018 from https://www.census.gov/programs-surveys/susb/data/tables.html

  • US Census Bureau. (2021). Business Dynamics Statistics: BDS Data. Retrieved April 8, 2021 from https://www.census.gov/programs-surveys/bds/data.html

Download references

Funding

No funds, grants, or other support was received.

Author information

Authors and Affiliations

Authors

Corresponding author

Correspondence to Tyler Richards.

Ethics declarations

Conflict of interest

The authors have no relevant financial or non-financial interests to disclose.

Additional information

Publisher's Note

Springer Nature remains neutral with regard to jurisdictional claims in published maps and institutional affiliations.

Rights and permissions

Reprints and Permissions

About this article

Verify currency and authenticity via CrossMark

Cite this article

Chambers, D., McLaughlin, P.A. & Richards, T. Regulation, entrepreneurship, and firm size. J Regul Econ 61, 108–134 (2022). https://doi.org/10.1007/s11149-022-09446-7

Download citation

  • Accepted:

  • Published:

  • Issue Date:

  • DOI: https://doi.org/10.1007/s11149-022-09446-7

Keywords

  • Entrepreneurship
  • Regulation
  • Regulatory accumulation
  • Small business
  • Firm size
  • Industry concentration

JEL classification

  • L51
  • L53
  • D73