This paper develops a transaction cost-based theory of organized crime
. Following Schelling (Journal of Public Law 1967;20:71-84), I treat t
he organized criminal firm as a formal governance structure that speci
alizes in providing illegal goods and services to downstream buyers. D
rawing upon Williamsonian transaction cost analysis and the literature
on self-enforcing contracts, the paper predicts which illegal goods a
nd services will be supplied in the marketplace by organized criminal
firms versus internally by downstream firms. The paper highlights the
joint roles of production scale economies, contracting frequency, tran
saction specificity, and uncertainty to predict the activities of orga
nized crime. These four factors appear capable of explaining many of t
he important empirical regularities in markets where organized crime i
s present.