China Cell Phone Chargers -- Capitalist Market With Socialist Characteristics

China has enacted a law mandating all cell phones designed after June 14 must use a USB charger to be sold legally in China. 

I concur with all the reasons for this law.  A one size fits all universal charger means families and companies will be able to reduce their purchases of chargers because one charger will be able to service many phones.  On top of this, once this standard becomes established, there should be far less disposing of old chargers when new phones are purchased.  Indeed, according to an EE Times article, "the goal is to reduce the number of chargers that are thrown away each year because of cell phone upgrades. Nearly 100 million cell phones are replaced every year in China."

At the same time, I find it a bit troubling the Chinese government should be getting so involved in something like this when surely it would be better to left to the free market's invisible hand

Is this a one time thing or should we be expecting more such intrusions?

Comments (30)

Read through and enter the discussion by using the form at the end
Paul Woodward - June 3, 2007 10:01 PM

I am generally sympathetic to your free market position. On this issue, however, I would have thought that the invisible hand deserves a good, hard slap and applaud the Chinese government for what sounds like an altogether sensible initiative.

I believe that most countries have only one size and shape of electric power socket. Why should we, therefore, have dozens of almost-but-not-quite identical plugs for our phones? Silly!

Chris - June 3, 2007 11:43 PM

It's about time government - any government - gets involved with this mess. It is quite annoying that companies like Nokia, SE, etc. have their ridiculous 10+ year old contact plugs. Let's get with the picture! Its all a ploy for these manufacturers to squeeze as much money from their customers as possible.

I applaud the Chinese government for this new law - I imaging all phones world-wide will sport the USB plug - as the Chinese market is so large, most phones will also go on sale in the Chinese market, there is no reason to have a USB version and a dumb plug version for a different market.

The USB plugs are smaller any way than the Nokia / SE plugs - so should make their designs better any way.

Is it mini-USB only? Or are micro-USB allowed? (Micro makes sense for some ultra small phones)

chinaqanda - June 4, 2007 1:25 AM

personally i think it's a good move. my wife and i both have motorolas but different models - with different plugs for the chargers. v silly. On the topic of needless waste, it also seems strange that the factories that produce soft-drink cans still manufacture them with the old fashioned ringpulls. Sure it's only a tiny bit of metal but if one adds up all the cans sold throughout China it soon mounts up.

lee - June 4, 2007 7:41 PM

the problem is that invisible hands are not always reliable. When cell phone makers make huge profits from selling accessories, just like the printer makers, who is willing to give up such benefits?

Ironfrost - June 4, 2007 7:58 PM

There's plenty of precedent for this; the example that springs to mind is European countries forcing all mobile operators to use the GSM standard so that the different networks would play nicely with each other. Also, the USB charger standard is already mandated in South Korea (although over there the standardisation came from the mobile operators rather than the government).

I'd also like to say that I'm glad the MII has got its act together and gone for a proper international standard this time, rather than spending billions on a proprietary Chinese one that doesn't work properly like they did for 3G.

China Law Blog - June 5, 2007 8:20 AM

Paul Woodward --

I like your analogy. But how far do we carry this? I bought a new Dell Latitude notebook for one of the attorneys in our firm, only to discover that its power cord was different from that of the other Latitudes we have. Should Dell be required to have the came cord for all its Latitude notebooks? Should all notebooks required to have the same power cord?

China Law Blog - June 5, 2007 8:23 AM

Chris --

I will ask you the same questions I asked Paul Woodward.

I bought a new Dell Latitude notebook for one of the attorneys in our firm, only to discover that its power cord was different from that of the other Latitudes we have. Should Dell be required to have the came cord for all its Latitude notebooks? Should all notebooks required to have the same power cord?

China Law Blog - June 5, 2007 8:23 AM

Chinaqanda --

Okay, I agree it makes sense from a user standpoint, but are you not bothered at all by this government intrusion?

China Law Blog - June 5, 2007 8:25 AM

lee --

Good argument and I sort of agree. But weren't cell phones trending this way on their own, just due to the market?

China Law Blog - June 5, 2007 8:26 AM

Ironfrost --

Nice point re China going for an international standard on this. Did Europe's forcing GSM stifle innovation? Might requiring USBs here do the same? I doubt it will, but thought I should ask.

Phil - June 5, 2007 9:58 PM

In the midst of a food safety crisis, it's an odd thing to be asking "should governments intervene?"

Of course governments should intervene in the markets. Governments (and courts, applying the laws that governments make) prevent unsafe foods being sold and IPR being infringed. Government intervention is actually a necessary precondition of an efficient market.

What you're saying here is that you think having to buy many chargers is not a sufficiently important issue for the government to get involved in. I would agree that it's an odd choice, but in the end it's good for consumers, so I can't think of any good reason against it. I don't buy the "slippery slope" argument when it's used about drugs, and I don't buy it here, either.

I don't share your faith in the invisible hand of the market. The Don Imus example in your link is a spectacularly bad one: so many people have risen to positions of prominence by spouting bile (gays burn in hell) that the downfall of one dimwitted reactionary joker only serves to highlight the trend.

More government intervention, I say - just make it fair intervention.

NT - June 5, 2007 11:51 PM

Why shouldn't governments intervene to provide public goods? And this new standard is, arguably, a "public good".

By your "invisible hand" logic, shouldn't the State Food and Drug Administration be abolished? Let's leave it all to the pharma companies!

For once, the Chinese government has got its intervention about right.

China Law Blog - June 6, 2007 1:06 AM

Phil --

I am certainly not saying governments should never intervene. If I believed that I would be a Libertarian and I most certainly am not. But for something as relatively unimportant as a cell phone cord? Come on, how can you compare that to food safety? Also, do you really trust your government for food safety over the top brands? I sure don't.

And Imus is a great example in that the market spoke and your only complaint seems to be that it did not speak soon enough. So in other words, you want the government removing talk show hosts? Again, come on.

China Law Blog - June 6, 2007 1:07 AM

NT --

Yes, the FDA should exist, but can we not agree that the safety of what we ingest is more important than a cell phone cord?

All Roads - June 6, 2007 3:28 AM

I think this is fantastic. I know that big brother encroaching in is a bit scary, but this is something that industry should have recognized and fixed on their own.

Certainly part of this is about the public good, but this is also something that will be good for China as they look for ways to reduce their manufacturing based consumption (plastic, wood, land, electricity, etc) and waste.

computer power cables should be next..

and there is a list of other products that could follow that

David Li - June 6, 2007 9:01 AM

I think this regulation is long over due. I admit that I often forget packing the cell phone power cord when I travel and have to get a new one wherever I landed. I use Sony Ericssion and own quite a few of old style power cords. However, when I switched to the latest generation, the power plug changed and all the old power cord I had went obsolete. Not sure what I am going to do with them. I can't be the only one does that and among some 400 millions cell phones users, there are quite a few like me. Among a couple people in my house, we got a bucket of obsolete power cord from all brands and model.

The invisible hand doesn't work here. Am I going to reject a latest model of phone simply because it's not compatible with the power cord collections I already have? Especially, when the vendor stop producing anything using the old power plug?

David Li - June 6, 2007 9:09 AM

It's a bit too much comparing a power cord to FDA. However, the slippery slope argument could go both ways. If it's ok for the state to regulate public goods, where does it stop? If we are to tell government to stop on the trivial like power cord, how many steps before it reach the food and drug?

The power cord regulation is a easy one for the Chinese government which is actually one of the few governments in the world who are not in the pocket of the MEN (Moto, Ericsson and Nokia). In fact, it's in quite a fight with MEN over the 3G at this point. Passing such regulation gives the government additional bargain chips on the table. It also solves some small annoyance to pander to the mass. The 400 millions cell phone users in China are exactly the more well off half of Chinese and those increases questioning the communist government.

There are not that many low hanging fruits for the government.

NT - June 6, 2007 8:07 PM

Yes, agree. FDA is undoubtedly more important than a power cable.

Actually, even though I have my doubts about the "invisible hand", I'm surprised that none of the leading handset manufacturers (to my knowledge) stole a lead by coming up with this one unilaterally.

There are a lot of reasons it would have brought competitive advantage. And it would most likely have forced competitors to follow suit.

China Law Blog - June 6, 2007 10:43 PM

All Roads --

You are scaring me.

China Law Blog - June 6, 2007 10:45 PM

David Li --

Maybe.

China Law Blog - June 6, 2007 10:46 PM

NT --

I just think the industry was going this way anyway.

Phil - June 6, 2007 11:53 PM

Thanks for replying, Dan. I think we've found more areas to disagree on...

"Also, do you really trust your government for food safety over the top brands?"

Top brands like "our baby milk is good for your children" Nestle? Or do you mean "it was only a small e. coli contamination" Cadburies? Or perhaps "our crisps (chips to Americans) are sporty and good" Walkers? "It's a healthy part of a balanced diet" McDonalds?

I trust my government, limp creature that it is, a million times more than I trust any company, for a simple reason: the government is paid to look after me. They might do it badly, they might be wrong in how they do it, but that is at least their job. Those market forces which you believe in tell big companies - all companies - to make money. That's all. Companies have, ultimately, no interest in my well-being. I know the argument, that you need healthy happy consumers to buy your products - but that didn't stop the tobacco industry doing its damnedest to kill off its client base, did it?

When companies act in responsible ways, it's because the law makes them. That is necessarily true, because acting responsibly is often more expensive. If company A holds itself to standards higher than the law, then company B will hew exactly to the law, undercut company A, and company A will lose market share and die. That's why governments must set and enforce standards, because companies literally can't do it for themselves.

As to Don Imus - it's a single example. You point to Don Imus, I point to Jerry Falwell, we haven't really gotten anywhere. I regard the laws that the US has passed and upheld preventing hate speech as being a much more important part of why America is able to conduct a very high level of civilized public dialogue today.

Phil - June 6, 2007 11:56 PM

And sorry, one on this:
"I just think the industry was going this way anyway."
They'd had more than ten years, and hadn't got there yet... I don't know if you have insider knowledge here. What makes you think they were moving towards standardized chargers?

All Roads - June 7, 2007 1:38 AM

Dan,

Scaring people is a good thing sometimes..

China Law Blog - June 7, 2007 8:13 AM

1. Top brands like "our baby milk is good for your children" Nestle? Okay, good one. Nestle acted badly in Africa, I know. But it wasn't government that stopped them, it was the market. Also, with the internet today, what happened then is less likely to happen again.

2. Or do you mean "it was only a small e. coli contamination" Cadburies? e.coli happens, don't I know it. I represented one of the companies on the first big e.coli case 15 years ago and I have not had a bit of meat since. My choice, or would you prefer that the government ban meat? Anyway, how can the government stop e.coli? And do you really not think Caburies (I am NOT familiar with their e.coli problem) is not doing everything they can to prevent another incident?


3. Or perhaps "our crisps (chips to Americans) are sporty and good" Walkers? Don't know about it.

4. "It's a healthy part of a balanced diet" McDonalds? What do you propose the government do?

5. "the government is paid to look after me." Yes and no. The government is paid to look after you and if they do a bad job of it, some few people in the government might get voted out. Private business is also paid to look after you and if they fail at it they usually stop making money pretty quickly. I am not saying capitalism works perfectly, because it obviously doesn't. And, I am not saying there should be no government intervention, because there most certainly should be. But cell phone cords? Where's the health and safety in that.

6. "When companies act in responsible ways, it's because the law makes them." Sometimes yes, most of the time, no. When companies act in responsible ways it is because they know this is the absolute best way to build up a healthy and long-lasting business. Who cares if it is more expensive?

7. "If company A holds itself to standards higher than the law, then company B will hew exactly to the law, undercut company A, and company A will lose market share and die." You are so wrong. Take Starbucks as an example. It gives its employees surprisingly good benefits and by doing so it gets better employees who stay longer. It also gets me as an investor. So it pays out more but gets even more back by doing so. The same is true by acting responsibly. The only way to make a lot of money long term is to win over the confidence of the customer and the only lasting way to do that is to be honest and responsible. Again, read Seth Godin's book, "All Marketers Are Liars."


That's why governments must set and enforce standards, because companies literally can't do it for themselves.

As to Don Imus - it's a single example. You point to Don Imus, I point to Jerry Falwell, we haven't really gotten anywhere. I regard the laws that the US has passed and upheld preventing hate speech as being a much more important part of why America is able to conduct a very high level of civilized public dialogue today.

8. What hate speech laws in the US? We don't really have any. What about Jerry Falwell? Are you really saying the government should have shut him down? Do you not believe in free speech? Do you not believe in the marketplace of ideas? I sure do.

China Law Blog - June 7, 2007 8:15 AM

Phil --

First off, my wife and kid's Motorola RAZR has the same USB plug as my Blackberry so I do see the convergence happening. Second, if this is so important to consumers, they would buy only phones with a USB plug. And again, why should the government tell us what kind of cell phone to buy?

China Law Blog - June 7, 2007 8:17 AM

All Roads --

Scaring people into protecting themselves is a good thing and your earlier comment hopefully has scared even more people into doing what they can to keep government from telling us exactly what to buy and what not to buy.

Phil - June 8, 2007 2:04 AM

This might be going on too long and be too off topic by now...

Nestle are *still* doing what they did in Africa in the Philippines today.

Cadburies had an e. coli contamination in Britain last year that they neglected to report for several months nutil a whistleblower came out with it. I'm not 100% on this, but I believe they didn't break the law by failing to report it. This is why laws are necessary.

What should the government do about McDonalds? I think the British and Swedish governments' position is pretty good - they've banned advertising junk food to kids, on TV at least.

Starbucks is a nice example of a compay doing good things, and I too applaud them. But 1) it's not obvious that their success is a result of their enlightened employment policy. They are also the first large scale high quality coffee chain. First mover advantage may well have played a big part. And 2) For every Starbucks you have, I can give you a McDonalds, or the tobacco industry, Enron, corporate raiders/private equity, big pharma, etc. etc. etc.

These companies are not the devil, but they have all made well publicised corporate decisions that have been harmful to employees/customers, and made them for legitimate market reasons (actually, Enron might be an exception there).

Markets are ultimately about money, not people. It seems bizarre to me to establish democratic governments, as we do, and then say, actually, no, these financial entities invented in Holland are better at keeping people safe than governments.

I suspect this argument has run its course - I won't be waiting for a reply, I'm sure you have better things to do!


Your other points: hate speech in the USA can be punished under a number of laws, including libel, slander and employment law; consumers may care about charger plugs, but may see it as subordinate to other issues. Mobile companies don't offer choice in chargers, and people are unwilling to not buy a nice phone just because of the charger. This does not mean they don't care, only that they don't care enough for this issue to determine this major purchase. It's a form of bundling, and as Microsoft found out, that can be illegal.

I'll stop now, and go back to my own blog for a rest. Thanks for arguing :-)

China Law Blog - June 8, 2007 11:27 AM

Phil --

I'm a lawyer and this is my blog so I am going for the last words here.

You make some good points, with which I do not disagree. I absolutely think we need safety laws. Of course. Mobile chargers are not a safety issue. And, I am saying that the laws are not enough and I do not think government can do it alone and I for one will never trust them to do so.

The US does not really have hate speech laws. It has laws against telling lies that hurt people, but if I wanted to say the most hateful things possible against a race or a religion, I could do so without violating any laws (so long as I was not inciting violence, etc.)

You may now return to your blog.

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