US Market Concentration and Import Competition
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Economics of Competition in the U.S. Livestock Industry Clement E. Ward
Economics of Competition in the U.S. Livestock Industry Clement E. Ward, Professor Emeritus Department of Agricultural Economics Oklahoma State University January 2010 Paper Background and Objectives Questions of market structure changes, their causes, and impacts for pricing and competition have been focus areas for the author over his entire 35-year career (1974-2009). Pricing and competition are highly emotional issues to many and focusing on factual, objective economic analyses is critical. This paper is the author’s contribution to that effort. The objectives of this paper are to: (1) put meatpacking competition issues in historical perspective, (2) highlight market structure changes in meatpacking, (3) note some key lawsuits and court rulings that contribute to the historical perspective and regulatory environment, and (4) summarize the body of research related to concentration and competition issues. These were the same objectives I stated in a presentation made at a conference in December 2009, The Economics of Structural Change and Competition in the Food System, sponsored by the Farm Foundation and other professional agricultural economics organizations. The basis for my conference presentation and this paper is an article I published, “A Review of Causes for and Consequences of Economic Concentration in the U.S. Meatpacking Industry,” in an online journal, Current Agriculture, Food & Resource Issues in 2002, http://caes.usask.ca/cafri/search/archive/2002-ward3-1.pdf. This paper is an updated, modified version of the review article though the author cannot claim it is an exhaustive, comprehensive review of the relevant literature. Issue Background Nearly 20 years ago, the author ran across a statement which provides a perspective for the issues of concentration, consolidation, pricing, and competition in meatpacking. -
Hearing on Oligopoly Markets, Note by the United States Submitted To
Unclassified DAF/COMP/WD(2015)45 Organisation de Coopération et de Développement Économiques Organisation for Economic Co-operation and Development 12-Jun-2015 ___________________________________________________________________________________________ _____________ English - Or. English DIRECTORATE FOR FINANCIAL AND ENTERPRISE AFFAIRS COMPETITION COMMITTEE Unclassified DAF/COMP/WD(2015)45 HEARING ON OLIGOPOLY MARKETS -- Note by the United States -- 16-18 June 2015 This document reproduces a written contribution from the United States submitted for Item 5 of the 123rd meeting of the OECD Competition Committee on 16-18 June 2015. More documents related to this discussion can be found at www.oecd.org/daf/competition/oligopoly-markets.htm. English English JT03378438 Complete document available on OLIS in its original format - This document and any map included herein are without prejudice to the status of or sovereignty over any territory, to the delimitation of English Or. international frontiers and boundaries and to the name of any territory, city or area. DAF/COMP/WD(2015)45 UNITED STATES 1. Following on our submissions to previous OECD roundtables on oligopolies, notably the 1999 submission of the U.S. Department of Justice and the U.S. Federal Trade Commission on Oligopoly (describing the theoretical and economic underpinnings of U.S. enforcement policy with regard to oligopolistic behavior),1 and the 2007 U.S. submission on facilitating practices in oligopolies,2 this submission focuses on certain approaches taken by the Federal Trade Commission (“FTC”) and the U.S. Department of Justice Antitrust Division (“DOJ”) (together, “the Agencies”) to prevent the accumulation of unwarranted market power and address oligopoly issues. 2. Pursuant to U.S. -
Resale Price Maintenance in China – an Increasingly Economic Question
Resale Price Maintenance in China – an increasingly economic question Three recent decisions in China suggest that Resale Specifically, the Court was clear that since RPM was Price Maintenance cases will not be decided solely on a defined in the law as a “monopoly agreement”, it must be legal consideration but will also turn on the economic expected to have the impact of eliminating or restricting context of the agreements in question. competition in order to be found illegal. To determine whether the agreement had the impact of eliminating or Resale Price Maintenance (RPM) is a contractual restricting competition, the Court proposed four constituent commitment imposed by a supplier on its distributors not to economic questions: sell its product for less (or more) than a given price. It is very 1. Is competition in the relevant market “sufficient”? common in distribution contracts throughout the world, 2. Does the defendant have a “very strong” market especially in China because of the control that RPM position? provides over resale quality and the distribution chain. 3. What was the motive behind the RPM agreements? RPM is a particularly contentious area of competition law 4. What was the competitive effect of the RPM? since RPM clauses can be both beneficial and harmful to competition depending on the context in which they are implemented. For example, RPM may facilitate unlawful Specifically, the Court suggested that if competition in the collusion between suppliers by allowing them to control and market was sufficient then it would not have found the RPM monitor the final retail price. RPM may also be forced on agreement illegal. -
Law-And-Political-Economy Framework: Beyond the Twentieth-Century Synthesis Abstract
JEDEDIAH BRITTON- PURDY, DAVID SINGH GREWAL, AMY KAPCZYNSKI & K. SABEEL RAHMAN Building a Law-and-Political-Economy Framework: Beyond the Twentieth-Century Synthesis abstract. We live in a time of interrelated crises. Economic inequality and precarity, and crises of democracy, climate change, and more raise significant challenges for legal scholarship and thought. “Neoliberal” premises undergird many fields of law and have helped authorize policies and practices that reaffirm the inequities of the current era. In particular, market efficiency, neu- trality, and formal equality have rendered key kinds of power invisible, and generated a skepticism of democratic politics. The result of these presumptions is what we call the “Twentieth-Century Synthesis”: a pervasive view of law that encases “the market” from claims of justice and conceals it from analyses of power. This Feature offers a framework for identifying and critiquing the Twentieth-Century Syn- thesis. This is also a framework for a new “law-and-political-economy approach” to legal scholar- ship. We hope to help amplify and catalyze scholarship and pedagogy that place themes of power, equality, and democracy at the center of legal scholarship. authors. The authors are, respectively, William S. Beinecke Professor of Law at Columbia Law School; Professor of Law at Berkeley Law School; Professor of Law at Yale Law School; and Associate Professor of Law at Brooklyn Law School and President, Demos. They are cofounders of the Law & Political Economy Project. The authors thank Anne Alstott, Jack Balkin, Jessica Bulman- Pozen, Corinne Blalock, Angela Harris, Luke Herrine, Doug Kysar, Zach Liscow, Daniel Markovits, Bill Novak, Frank Pasquale, Robert Post, David Pozen, Aziz Rana, Kate Redburn, Reva Siegel, Talha Syed, John Witt, and the participants of the January 2019 Law and Political Economy Work- shop at Yale Law School for their comments on drafts at many stages of the project. -
The United States Has a Market Concentration Problem Reviewing Concentration Estimates in Antitrust Markets, 2000-Present
THE UNITED STATES HAS A MARKET CONCENTRATION PROBLEM REVIEWING CONCENTRATION ESTIMATES IN ANTITRUST MARKETS, 2000-PRESENT ISSUE BRIEF BY ADIL ABDELA AND MARSHALL STEINBAUM1 | SEPTEMBER 2018 Since the 1970s, America’s antitrust policy regime has been weakening and market power has been on the rise. High market concentration—in which few firms compete in a given market—is one indicator of market power. From 1985 to 2017, the number of mergers completed annually rose from 2,308 to 15,361 (IMAA 2017). Recently, policymakers, academics, and journalists have questioned whether the ongoing merger wave, and lax antitrust enforcement more generally, is indeed contributing to rising concentration, and in turn, whether concentration really portends a market power crisis in the economy. In this issue brief, we review the estimates of market concentration that have been conducted in a number of industries since 2000 as part of merger retrospectives and other empirical investigations. The result of that survey is clear: market concentration in the U.S. economy is high, according to the thresholds adopted by the antitrust agencies themselves in the Horizontal Merger Guidelines. By way of background, recent studies of industry concentration conclude that it is both high and rising over time. For example, Grullon, Larkin, and Michaely conclude that concentration increased in 75% of industries from 1997 to 2012. In response to these and similar studies, the antitrust enforcement agencies recently declared that their findings are not relevant to the question of whether market concentration has increased because they study industrial sectors, not antitrust markets. Specifically, they wrote, “The U.S. -
Behavioral Economics As Applied to Firms: a Primer1
Munich Personal RePEc Archive Behavioral economics as applied to firms: a primer Armstrong, Mark and Huck, Steffen University College London (UCL) January 2010 Online at https://mpra.ub.uni-muenchen.de/20356/ MPRA Paper No. 20356, posted 02 Feb 2010 03:16 UTC Behavioral Economics as Applied to Firms: A Primer1 Mark Armstrong and Steffen Huck Department of Economics University College London January 2010 Abstract We discuss the literatures on behavioral economics, bounded rationality and experimental economics as they apply to firm behavior in markets. Topics discussed include the impact of imitative and satisficing behavior by firms, outcomes when managers care about their position relative to peers, the benefits of employing managers whose objective diverges from profit-maximization (including managers who are overconfident or base pricing decisions on sunk costs), the impact of social preferences on the ability to collude, and the incentive for profit-maximizing firms to mimic irrational behavior. 1. Introduction In recent years there has been a good deal of research investigating how poor or non-standard decision making by consumers might affect market outcomes. In much of this work, the assumption is that firms are fully rational and aim to maximize their profits (and sometimes they do this by exploiting the behavioral biases of consumers). Some of this work points to situations where there is a role for policy which protects consumers from their own failings and from exploitative firms.2 In this article we focus instead on non-standard approaches to firm behavior. Consumers are kept in the background, and are present merely to generate in some fashion a demand curve for the firms' products. -
Official Journal of the European Communities on the Definition Of
9 . 12 . 97 [ EN ] Official Journal of the European Communities C 372/ 5 COMMISSION NOTICE on the definition of relevant market for the purposes of Community competition law (97/C 372/03 ) ( Text with EEA relevance ) I. INTRODUCTION 3 . It follows from point 2 that the concept of 'relevant market' is different from other definitions of market often used in other contexts . For instance , companies often use the term 'market' to refer to the area 1 . The purpose of this notice is to provide guidance as where it sells its products or to refer broadly to the to how the Commission applies the concept of industry or sector where it belongs . relevant product and geographic market in its ongoing enforcement of Community competition 4 . The definition of the relevant market in both its law, in particular the application of Council Regu product and its geographic dimensions often has a lation No 17 and (EEC ) No 4064/ 89 , their decisive influence on the assessment of a competition equivalents in other sectoral applications such as case . By rendering public the procedures which the transport, coal and steel , and agriculture , and the Commission follows when considering market defi relevant provisions of the EEA Agreement ('). nition and by indicating the criteria and evidence on Throughout this notice , references to Articles 85 and which it relies to reach a decision , the Commission 86 of the Treaty and to merger control are to be expects to increase the transparency of its policy and understood as referring to the equivalent provisions decision-making in the area of competition policy . -
Resale Price Maintenance: Economic Theories and Empirical Evidence
"RESALE PRICE MAINTENANCE: ECONOMIC THEORIES AND EMPIRICAL EVIDENCE Thomas R. Overstreet, Jr. Bureau of Economics Staff Report to the Federal Trade Commission November 1983 RESALF. PRICE INTF.NANCE: ECONO IC THEORIES AND PIRICAL EVIDENCE Thomas R. Overstreet, Jr. Bureau of Economics Staff Report to the Federal Trade Commiss ion November 1983 . FEDERAL TRDE COM~ISSION -f. JAMES C. ~ILLER, III, Chairman MICHAEL PERTSCHUK, Commissioner PATRICIA P. BAILEY, Commissioner GEORGE W. DOUGLAS, Commissioner TERRY CALVANI, Commi S5 ioner BUREAU OF ECONO~ICS WENDY GRA~, Director RONALD S. BOND, Deputy Director for Operations and Research RICHARD HIGGINS, Deputy Director for Consumer Protection and Regulatory Analysis JOHN L. PETE , Associate Director for Special Projects DAVID T. SCHEFF N, Deputy Director for Competition and Anti trust PAUL PAUTLER, Assistant to Deputy Director for Competition and Antitrust JOHN E. CALFEE, Special Assistant to the Director JAMES A. HURDLE, Special Assistant to . the Director THOMAS WALTON, Special Assistant to the Director KEITH B. ANDERSON, Assistant Director of Regulatory Analysis JAMES M. FERGUSON, Assistant Director for Antitrust PAULINE IPPOLITO, Assistant Director for Industry Analysis WILLIAM F. LONG, ~anager for Line of Business PHILIP NELSON, Assistant Director for Competition Analysis PAUL H. RUBIN, Assistant Director for Consumer Protection This report has been prepared by an individual member of the professional staff of the FTC Bureau of Economics. It rsfle cts solely the views of the author, and is not intended to represent the position of the Federal Trade Commission, or necessarily the views of any individual Commissioner. -ii - fI. ACKNOWLEDGMENTS I would like to thank former FTC Commissioner David A. -
Resource Issues a Journal of the Canadian Agricultural Economics Society
Number 3/2002/p.1-28 www.CAFRI.org Agriculture, Food ß Current & Resource Issues A Journal of the Canadian Agricultural Economics Society A Review of Causes for and Consequences of Economic Concentration in the U.S. Meatpacking Industry Clement E. Ward Professor and Extension Economist, Oklahoma State University This paper was prepared for presentation at the conference The Economics of Concentration in the Agri-Food Sector, sponsored by the Canadian Agricultural Economics Society, Toronto, Ontario, April 27-28, 2001 The Issue This squall between the packers and the producers of this country ought to have blown over forty years ago, but we still have it on our hands .... Senator John B. Kendrick of Wyoming, 1919 lear and continuing changes in the structure of the U.S. meatpacking industry have Csignificantly increased economic concentration since the mid-1970s. Concentration levels are among the highest of any industry in the United States, and well above levels generally considered to elicit non-competitive behavior and result in adverse economic performance, thereby triggering antitrust investigations and subsequent regulatory actions. Many agricultural economists and others deem this development paradoxical. While several civil antitrust lawsuits have been filed against the largest meatpacking firms, there have been no major antitrust decisions against those firms and there have been no significant federal government antitrust cases brought against the largest meatpacking firms over the period coincident with the period of major structural changes. The structural changes in the U.S. meatpacking industry raise a number of questions. What is the nature of the changes and what economic factors caused them? What evidence is ß 1 Current Agriculture, Food & Resource Issues C. -
Antitrust for Consumers and Workers: a Framework for Labor Market Analysis in Merger Review
ANTITRUST FOR CONSUMERS AND WORKERS: A FRAMEWORK FOR LABOR MARKET ANALYSIS IN MERGER REVIEW By: Lauren Sillman* I. INTRODUCTION Antitrust traditionally has not been a friend of labor. Twelve of the first thirteen prosecutions under the Sherman Act—the foundational antitrust statute passed in 1890—targeted labor unions.1 Dismayed by such subversion of the statute’s original purpose, Congress intervened and exempted labor organizing from antitrust enforcement in the Clayton Act of 1914.2 Ever since, the relationship between antitrust law and the welfare of workers has largely been one of indifference. Anticompetitive behavior that would have drawn the ire of enforcement agencies if executed in product markets has been tacitly condoned in labor markets. While neglect may be preferable to outright hostility, neither is necessary. The antitrust statutes and economic theory provide a strong basis for using antitrust enforcement to promote more competitive labor markets in the interest of workers. A détente is especially desirable today in light of the severe stagnation in American wages. In the past thirty-five years, U.S. gross domestic product has all in all grown but the purchasing power of the average worker has barely changed.3 Labor’s share of national income declined precipitously in the 2000s, and in the five years after the Great Recession it was lower than at any point since World War II.4 Because most people get most of their income from * Antitrust Associate, Clifford Chance LLP; J.D., Georgetown University Law Center; B.A., University of Iowa. I would like to thank Professor Steven Salop for his wisdom, support, and guidance. -
Market Concentration, Multi-Market Participation and Antitrust
MARKET CONCENTRATION, MULTI-MARKET PARTICIPATION AND ANTITRUST By Dennis L. Weisman* Department of Economics Kansas State University Waters Hall Manhattan, KS 66506-4001 [email protected] (785) 532-4588 (V) (785) 539-7225 (F) January 2005 JEL Classification Codes: L51, L96 Keywords: antitrust, market concentration, mergers, demand complementarities * The author is grateful to Michael Babcock, Philip Gayle, Alfred Kahn, Andrew Kleit, Dale Lehman, Michael Redisch, David Sappington and Kelley Weber for helpful discussions. The usual caveat applies. Abstract We explore the trade-off between market concentration and multi-market participation in evaluating proposed mergers. When demands are complementary, the price-decreasing effect of multi-market participation provides a countervailing influence on the price- increasing effect of higher market concentration. The larger the “footprint” of the multi- market provider, the greater the likelihood the price-decreasing effect dominates, ceteris paribus. In the case of substitutes, precisely the opposite occurs, multi-market participation compounds the price-increasing effect of higher market concentration. A key finding in the case of complements is that higher market concentration may be consistent with non-increasing prices despite the absence of merger economies. It follows that merger guidelines that place undue emphasis on market concentration can lead policymakers to block mergers that enhance consumer welfare and vice versa. 1. Introduction The horizontal merger guidelines (HMG) of the Department of Justice (DOJ) place considerable weight on market concentration in evaluating proposed mergers. An emphasis on market concentration may be appropriate for evaluating mergers that do not involve multi-market participation. In contrast, for mergers that transform single-market providers (SMPs) into multi-market providers (MMPs), such an emphasis can lead policymakers to block mergers that actually enhance consumer welfare and vice versa. -
Statement of the Federal Trade Commission
STATEMENT OF THE FEDERAL TRADE COMMISSION In the Matter of Caremark Rx, Inc./AdvancePCS File No. 031 0239 The Federal Trade Commission has closed its investigation of Caremark Rx, Inc.’s proposed acquisition of AdvancePCS. The transaction involves two of the largest providers of prescription benefit management (“PBM”) services in the United States. PBMs administer prescription benefits for most U.S. consumers under contracts with health plans or directly with employers. As part of the Commission’s continuing effort to provide transparency to its decision-making process,1 and to provide guidance about the application of the antitrust laws to mergers in this market, the following statement will outline the reasons for our decision to close the investigation. The Commission’s most recent investigations of the PBM industry include two matters that resulted in consent orders.2 Each of those matters involved the acquisition by a pharmaceutical manufacturer of a PBM (as opposed to the present situation – the acquisition by one PBM of another). In those two cases, the Commission’s complaint identified “the provision 1See, e.g., Statement of the Federal Trade Commission, AmeriSource Health Corporation/Bergen Brunswig Corporation (Aug. 24, 2001), available at www.ftc.gov/os/2001/08/amerisourcestatement.pdf; Concurring Statement of Commissioner Mozelle W. Thompson, AmeriSource Health Corporation/Bergen Brunswig Corporation (Aug. 24, 2001), available at www.ftc.gov/os/2001/08/amerisourcethompsonstatement.pdf; Statement of the Federal Trade Commission Concerning Royal Caribbean Cruises, Ltd./P&O Princess Cruises plc and Carnival Corporation//P&O Princess Cruises plc (Oct. 4, 2002), available at www.ftc.gov/os/2002/10/cruisestatement.htm; Dissenting Statement of Commissioners Sheila F.