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“But wait—aren’t CEOs just getting paid the market rate for their labor? Their compensation is calculated according to a formula set when they were hired and, as long as this formula represents the going wage, then this is what they should receive. The market rate for CEO labor, however, is not set in a competitive manner. The formula is set by a special group of the company’s directors, called ‘the compensation committee.’ It does this by commissioning a survey to see what similar companies pay their CEOs. The answer is usually expressed as a range, and while that range depends on what kind of companies are deemed similar, let’s assume for purposes of illustration that it is something like $1 million to $60 million for that particular industry and company size, with an average of $18 million. Given the fact that the CEO will ultimately be in a position to reward the members of the committee in various ways, there are obviously opportunities for corruption here.
Even setting this aside, there are problems when it comes to using the survey results to frame an offer. The committee can’t recommend an offer at the bottom of the range, for that would be saying that they think the candidate is only as good as the lowest-paid CEO. They might want to offer more than the top, just to show how highly they think of their candidate. But at the very least, they are going to offer a little more than average, for no one wants to suggest that their candidate is worth less than this. By doing this, however, the average keeps ratcheting up. Next time someone hires a CEO and another compensation committee conducts a survey, the average will be higher. The market is not bidding up the price; the price is going up simply because everyone always wants to beat the current average. We have what economists call a market failure. Setting a maximum wage would therefore not interfere with market freedom because, in this instance, the market is not working.
But if we don’t pay the going rate, how are we going to be able to hire the best people? The best people will surely want to go where they will be paid more? This is a loss, however, only if those who receive the greatest amount of compensation really are the best, which is contrary to the evidence. It is very difficult to tell who has both the skill and the talent to make an effective CEO. Past performance is no guarantee of future success. Very highly paid CEOs have run their companies into the ground, and some of the most successful companies today were started and managed by people who had absolutely no background in business. These people began working for almost nothing, yet built their companies into mammoth enterprises. Steve Jobs is an excellent example here, for Apple faltered when he left, and began to thrive again only when he came back, for a salary of $1 a year. So companies need not worry about losing the best candidate to someone who pays more. Very good people will work for say, $10 million a year, especially when given a chance to run a company. And these people are just as likely to do well as those who might demand $100 million.”
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