The market can sometimes fail to allocate resources efficiently from "summary" of Economic Analysis of Law by Richard A. Posner
The market, while generally efficient in allocating resources, is not infallible. Various factors can lead to the market failing to allocate resources efficiently. One such factor is the presence of externalities, which occur when the actions of one party affect the well-being of others without compensation. For example, a factory emitting pollution that harms the health of nearby residents may not take into account the costs imposed on those residents when making production decisions. This can result in an inefficient allocation of resources, as the true social costs of production are not reflected in the market price. Another reason for market failure is the presence of public goods, which are non-excludable and non-rivalrous. Public goods, such as national defense or clean air, are typically underprovided by the market because individuals can enjoy the benefits of these goods without pay...
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