The problems that afflict Pareto efficiency can be overcome if the criterion is rebuilt on preference-free foundations. A policy change passes the ‘availability test’ if it allows agents to afford whatever they purchased originally: Agents might not then be better off but no one can legitimately object to the change. One way to pass the availability test is to give agents the right to repeat their original transactions; a reform of rent control serves as an example. A second strategy stabilizes prices for consumers while letting the prices that firms face promote efficiency in production. A deregulation of a public utility, for example, can preserve consumer prices while giving firms an incentive to innovate. These policy alternatives show how to resolve the Schumpeterian dilemma of creative destruction: They harness the progressive feature of capitalism, that it fosters technological change, while protecting the individuals who can be harmed by the same forces. Conventional laissez-faire policies are in contrast difficult to justify even from within the orbit of traditional economic theory and can generate bitter social conflict. An application to opening an economy to free trade shows how to combine the advantages of technological change while satisfying the availability test.