Barriers to Entry , in 1 ISSUES in COMPETITION LAW and POLICY 601 (ABA Section of Antitrust Law 2008)
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Navigating Social and Institutional Barriers to Markets: How Social Entrepreneurs Identify and Evaluate Opportunities Jeffrey Robinson
7 Navigating Social and Institutional Barriers to Markets: How Social Entrepreneurs Identify and Evaluate Opportunities Jeffrey Robinson Introduction Entrepreneurship research can be broadly placed into three categories: that which examines the people (entrepreneurs); that which examines the process and that which examines the entrepreneurial or business opportunities. This chapter specifically looks at social entrepreneurial opportunities and the process of identifying and evaluating these types of opportunities. I address three important questions: • What makes social entrepreneurial opportunities different from other types of opportunities? • What makes social entrepreneurship special? • How do social entrepreneurs find social entrepreneurial opportunities? The phenomenon of social entrepreneurship For the purposes of this chapter, I define social entrepreneurship (SE) as a process (Shane and Venkataraman, 2000) that includes: the identifica- tion of a specific social problem and a specific solution (or set of solu- tions) to address it; the evaluation of the social impact, the business model and the sustainability of the venture; and the creation of a social mission-oriented for-profit or a business-oriented nonprofit entity that pursues the double (or triple) bottom line. This approach to defining SE allows for future research directions and for clearer distinctions from ‘traditional’ entrepreneurship. 95 96 Social Entrepreneurship Recently, there has been an explosion of interest in the phenome- non of SE. It is an attractive area for practitioners, policy makers, the media and business schools because it addresses several issues in society (Dees, 1998; Thompson, 2002; Alvord, Brown and Letts, 2004; Brainard and Siplon, 2004). SE is a uniting concept that demonstrates the usefulness of business principles in achieving social goals. -
Managerial Economics Unit 6: Oligopoly
Managerial Economics Unit 6: Oligopoly Rudolf Winter-Ebmer Johannes Kepler University Linz Summer Term 2019 Managerial Economics: Unit 6 - Oligopoly1 / 45 OBJECTIVES Explain how managers of firms that operate in an oligopoly market can use strategic decision-making to maintain relatively high profits Understand how the reactions of market rivals influence the effectiveness of decisions in an oligopoly market Managerial Economics: Unit 6 - Oligopoly2 / 45 Oligopoly A market with a small number of firms (usually big) Oligopolists \know" each other Characterized by interdependence and the need for managers to explicitly consider the reactions of rivals Protected by barriers to entry that result from government, economies of scale, or control of strategically important resources Managerial Economics: Unit 6 - Oligopoly3 / 45 Strategic interaction Actions of one firm will trigger re-actions of others Oligopolist must take these possible re-actions into account before deciding on an action Therefore, no single, unified model of oligopoly exists I Cartel I Price leadership I Bertrand competition I Cournot competition Managerial Economics: Unit 6 - Oligopoly4 / 45 COOPERATIVE BEHAVIOR: Cartel Cartel: A collusive arrangement made openly and formally I Cartels, and collusion in general, are illegal in the US and EU. I Cartels maximize profit by restricting the output of member firms to a level that the marginal cost of production of every firm in the cartel is equal to the market's marginal revenue and then charging the market-clearing price. F Behave like a monopoly I The need to allocate output among member firms results in an incentive for the firms to cheat by overproducing and thereby increase profit. -
The Three Types of Collusion: Fixing Prices, Rivals, and Rules Robert H
University of Baltimore Law ScholarWorks@University of Baltimore School of Law All Faculty Scholarship Faculty Scholarship 2000 The Three Types of Collusion: Fixing Prices, Rivals, and Rules Robert H. Lande University of Baltimore School of Law, [email protected] Howard P. Marvel Ohio State University, [email protected] Follow this and additional works at: http://scholarworks.law.ubalt.edu/all_fac Part of the Antitrust and Trade Regulation Commons, and the Law and Economics Commons Recommended Citation The Three Types of Collusion: Fixing Prices, Rivals, and Rules, 2000 Wis. L. Rev. 941 (2000) This Article is brought to you for free and open access by the Faculty Scholarship at ScholarWorks@University of Baltimore School of Law. It has been accepted for inclusion in All Faculty Scholarship by an authorized administrator of ScholarWorks@University of Baltimore School of Law. For more information, please contact [email protected]. ARTICLES THE THREE TYPES OF COLLUSION: FIXING PRICES, RIVALS, AND RULES ROBERTH. LANDE * & HOWARDP. MARVEL** Antitrust law has long held collusion to be paramount among the offenses that it is charged with prohibiting. The reason for this prohibition is simple----collusion typically leads to monopoly-like outcomes, including monopoly profits that are shared by the colluding parties. Most collusion cases can be classified into two established general categories.) Classic, or "Type I" collusion involves collective action to raise price directly? Firms can also collude to disadvantage rivals in a manner that causes the rivals' output to diminish or causes their behavior to become chastened. This "Type 11" collusion in turn allows the colluding firms to raise prices.3 Many important collusion cases, however, do not fit into either of these categories. -
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. -
Buyer Power: Is Monopsony the New Monopoly?
COVER STORIES Antitrust , Vol. 33, No. 2, Spring 2019. © 2019 by the American Bar Association. Reproduced with permission. All rights reserved. This information or any portion thereof may not be copied or disseminated in any form or by any means or stored in an electronic database or retrieval system without the express written consent of the American Bar Association. Buyer Power: Is Monopsony the New Monopoly? BY DEBBIE FEINSTEIN AND ALBERT TENG OR A NUMBER OF YEARS, exists—or only when it can also be shown to harm consumer commentators have debated whether the United welfare; (2) historical case law on monopsony; (3) recent States has a monopoly problem. But as part of the cases involving monopsony issues; and (4) counseling con - recent conversation over the direction of antitrust siderations for monopsony issues. It remains to be seen law and the continued appropriateness of the con - whether we will see significantly increased enforcement Fsumer welfare standard, the debate has turned to whether the against buyer-side agreements and mergers that affect buyer antitrust agencies are paying enough attention to monopsony power and whether such enforcement will be successful, but issues. 1 A concept that appears more in textbooks than in case what is clear is that the antitrust enforcement agencies will be law has suddenly become mainstream and practitioners exploring the depth and reach of these theories and clients should be aware of developments when they counsel clients must be prepared for investigations and enforcement actions on issues involving supply-side concerns. implicating these issues. This topic is not going anywhere any time soon. -
When Are Sunk Costs Barriers to Entry? Entry Barriers in Economic and Antitrust Analysis†
WHEN ARE SUNK COSTS BARRIERS TO ENTRY? ENTRY BARRIERS IN ECONOMIC AND ANTITRUST ANALYSIS† What Is a Barrier to Entry? By R. PRESTON MCAFEE,HUGO M. MIALON, AND MICHAEL A. WILLIAMS* In the Papers and Proceedings of the Forty- ing the concept of barriers to entry. We begin by eighth Meeting of the American Economic As- contrasting the definitions of an entry barrier sociation, Donald H. Wallace (1936 p. 83) proposed in the economics literature. We then proposed a research program that proved vision- introduce a classification system to clear up the ary: “The nature and extent of barriers to free existing confusion, and we employ it to assess entry needs thorough study.” Fifteen years later, the nature of the barriers posed by scale econ- Joe S. Bain published a book that was the first omies and sunk costs. thorough study of entry barriers. In this book, Bain (1956) defined an entry I. History of the Concept barrier as anything that allows incumbents to earn above-normal profits without inducing en- In chronological order, the seven principal try. He believed that economies of scale and definitions of an entry barrier proposed in the capital requirements meet his definition because economics literature are as follows. they seem to be positively correlated with high profits. George J. Stigler (1968) later defined an Definition 1 (Bain, 1956 p. 3): A barrier to entry barrier as a cost advantage of incumbents entry is an advantage of established sellers in an over entrants. With equal access to technology, industry over potential entrant sellers, which is scale economies are not an entry barrier accord- reflected in the extent to which established sell- ing to this definition, and neither are capital ers can persistently raise their prices above requirements, unless incumbents never paid competitive levels without attracting new firms them. -
35 Measuring Oligopsony and Oligopoly Power in the US Paper Industry Bin Mei and Changyou Sun Abstract
Measuring Oligopsony and Oligopoly Power in the U.S. Paper Industry Bin Mei and Changyou Sun1 Abstract: The U.S. paper industry has been increasingly concentrated ever since the 1950s. Such an industry structure may be suspected of imperfect competition. This study applied the new empirical industrial organization (NEIO) approach to examine the market power in the U.S. paper industry. The econometric analysis consisted of the identification and estimation of a system of equations including a production function, market demand and supply functions, and two conjectural elasticities indicating the industry’s oligopsony and oligopoly power. By employing annual data from 1955 to 2003, the above system of equations was estimated by Generalized Method of Moments (GMM) procedure. The analysis indicated the presence of oligopsony power but no evidence of oligopoly power over the sample period. Keywords: Conjectural elasticity; GMM; Market power; NEIO Introduction The paper sector (NAICS 32-SIC 26) has been the largest among the lumber, furniture, and paper sectors in the U.S. forest products industry. According to the latest Annual Survey of Manufacturing in 2005, the value of shipments for paper manufacturing reached $163 billion or a 45% share of the total forest products output (U.S. Bureau of Census, 2005). Thus, the paper sector has played a vital role in the U.S. forest products industry. However, spatial factors such as the cost of transporting products between sellers and buyers can mitigate the forces necessary to support perfect competition (Murray, 1995a). This is particularly true in markets for agricultural and forest products. For example, timber and logs are bulky and land-intensive in nature, thus leading to high logging service fees. -
A Critique of the Herfindahl-Hirschman Index's Use
Pace Law Review Volume 34 Issue 2 Spring 2014 Article 8 April 2014 When Bigger Is Better: A Critique of the Herfindahl-Hirschman Index’s Use to Evaluate Mergers in Network Industries Toby Roberts Follow this and additional works at: https://digitalcommons.pace.edu/plr Part of the Antitrust and Trade Regulation Commons, and the Business Organizations Law Commons Recommended Citation Toby Roberts, When Bigger Is Better: A Critique of the Herfindahl-Hirschman Index’s Use to Evaluate Mergers in Network Industries, 34 Pace L. Rev. 894 (2014) Available at: https://digitalcommons.pace.edu/plr/vol34/iss2/8 This Article is brought to you for free and open access by the School of Law at DigitalCommons@Pace. It has been accepted for inclusion in Pace Law Review by an authorized administrator of DigitalCommons@Pace. For more information, please contact [email protected]. When Bigger Is Better: A Critique of the Herfindahl-Hirschman Index’s Use to Evaluate Mergers in Network Industries Toby Roberts* I. Introduction The Herfindahl-Hirschman Index (“HHI”) operates under a very simple premise: industry behavior strongly correlates with industry structure; the larger a firm is within its industry, the more likely it is to engage in supracompetitive pricing or other anticompetitive conduct.1 For more than 30 years, antitrust regulators have used the index to gauge whether prospective mergers would produce a firm of such magnitude that it would adversely impact societal welfare. When an HHI analysis of an impending merger suggests that a potentially harmful increase in concentration will result, the companies involved must demonstrate that the merger has other characteristics that mitigate its impact on prices in order to gain regulatory approval.2 * Staff attorney at the California Court of Appeal and former law clerk at the United States District Court for the Central District of California and the United States Court of Appeals for the Ninth Circuit. -
Corporate Disclosure As a Tacit Coordination Mechanism: Evidence from Cartel Enforcement Regulations∗
Corporate Disclosure as a Tacit Coordination Mechanism: Evidence from Cartel Enforcement Regulations∗ Thomas Bourveau Guoman She Alminas Zaldokasˇ This version: September 2019 - First version: October 2016 Abstract We empirically study how collusion in product markets affects firms’ financial disclosure strategies. We find that after a rise in cartel enforcement, U.S. firms start sharing more detailed information in their financial disclosure about their customers, contracts, and products. This new information potentially benefits peers by helping to tacitly coordinate actions in product markets. Indeed, changes in disclosure are associated with higher future profitability. Our results highlight the potential conflict between securities and antitrust regulations. Keywords: Financial Disclosure, Antitrust Enforcement, Collusion, Tacit Coordination JEL Classification: D43, G38, M41, L15, L41 ∗Bourveau is at Columbia Business School. She and Zaldokasˇ are at the Hong Kong University of Science and Technology (HKUST). Thomas Bourveau: [email protected]; Guoman She: [email protected]; Alminas Zaldokas:ˇ [email protected]. We thank our editor Haresh Sapra and the anonymous referee for their constructive comments and guidance. We thank our discussants Julian Atanassov, Luzi Hail, Rachel Hayes, Gerard Hoberg, Hyo Kang, Vardges Levonyan, Xi Li, Tse-Chun Lin, Tim Loughran, Mike Minnis, Vladimir Mukharlyamov, Vikram Nanda, Kevin Tseng, Jiang Xuefeng, and Xintong Zhan for comments that helped to improve this paper. We also thank Sumit Agarwal, Phil Berger, Jeremy Bertomeu, Matthias Breuer, Jason Chen, Hans Christensen, Anna Costello, Sudipto Dasgupta, Wouter Dessein, Hila Fogel-Yaari, Joey Engelberg, Eric Floyd, Yuk-Fai Fong, Jonathan Glover, Kai Wai Hui, Bruno Jullien, Christian Leuz, J¯uraLiaukonyt_e, Daniele Macciocchi, Nathan Miller, Jeff Ng, Kasper Meisner Nielsen, Giorgo Sertsios, Daniel D. -
Relationship Between Public and Private Antitrust Enforcement, Note by the United States Submitted to the OECD Competition Commi
Unclassified DAF/COMP/WP3/WD(2015)11 Organisation de Coopération et de Développement Économiques Organisation for Economic Co-operation and Development 09-Jun-2015 ___________________________________________________________________________________________ _____________ English - Or. English DIRECTORATE FOR FINANCIAL AND ENTERPRISE AFFAIRS COMPETITION COMMITTEE Unclassified DAF/COMP/WP3/WD(2015)11 Working Party No. 3 on Co-operation and Enforcement RELATIONSHIP BETWEEN PUBLIC AND PRIVATE ANTITRUST ENFORCEMENT -- United States -- 15 June 2015 This document reproduces a written contribution from the United States submitted for Item III of the 121st meeting of the Working Party No. 3 on Co-operation and Enforcement on 15 June 2015. More documents related to this discussion can be found at: http://www.oecd.org/daf/competition/antitrust- enforcement-in-competition.htm Please contact Ms. Naoko Teranishi if you have any questions regarding this document [phone number: +33 1 45 24 83 52 -- E-mail address: [email protected]]. English JT03378179 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 Or. English international frontiers and boundaries and to the name of any territory, city or area. DAF/COMP/WP3/WD(2015)11 -- United States -- 1. The United States relies on a combination of federal, state,1 and private enforcers to combat anticompetitive conduct.2 The three enforcement groups play different, yet complementary, roles. Federal and state competition law enforcers have similar missions – to protect the public from the harms flowing from anticompetitive conduct. Federal enforcement seeks to protect the interests of all consumers across the nation or within interstate commerce, while state enforcers focus their efforts on the consumers in their respective states. -
Criminalising Cartel Activity: Lessons from the US Experience
Criminalising cartel activity: Lessons from the US experience William Kolasky* The Federal Government has proposed the introduction of criminal sanctions for entities and individuals involved in anti-competitive cartel activity. In this comment, the author provides an historical introduction and overview of the equivalent provisions in the United States. The view put forward is that criminal sanctions are critical as a response to cartel behaviour, with this having the corresponding effect of making compliance programs far more significant as well as placing a greater onus on the legal profession. International cooperation and the role of leniency policies within the regulatory environment will also become increasingly important. Introduction Cartel enforcement in Australia has been on the rise in recent years, most recently aided by the implementation of the Australian Competition and Consumer Commission’s (ACCC) amnesty program in June 2003. Under the existing civil penalty regime in Australia, corporations involved in cartels face pecuniary penalties of up to AUS$10 million per contravention, while their executives face penalties of up to AUS$500,000 per contravention. On 24 June 2004, the Australian Federal Government introduced legislation to amend the Trade Practices Act 1974 (Cth) (TPA) in response to the Dawson Report to further stiffen the sanctions for cartel behaviour. The proposed amendments would introduce criminal sanctions, including jail terms, for individuals for ‘hard-core’ cartel behaviour, as well as substantially increase the maximum fines for corporations. The maximum penalty for corporations would increase from its current level to the greater of AUS$10 million, three times the gain from the contravention, or where the gain cannot be readily ascertained, 10% of the group’s annual Australian turnover. -
Intermediate Microeconomics
Intermediate Microeconomics IMPERFECT COMPETITION BEN VAN KAMMEN, PHD PURDUE UNIVERSITY No, not the BCS Oligopoly: A market with few firms but more than one. Duopoly: A market with two firms. Cartel: Several firms collectively acting like a monopolist by charging a common price and dividing the monopoly profit among them. Imperfect Competition: A market in which firms compete but do not erode all profits. Perfect competition with only 2 firms Assume the following model: ◦ 2 firms that produce the same good (call the firms “Kemp’s Milk” and “Dean’s Milk”). ◦ They both have the same marginal cost (c), and it is constant (so constant AC, too). ◦ The Demand for their good is downward-sloping, but does not have to have a particular shape. ◦ The firms simultaneously choose their prices ( and ). ◦ The firm with the lower price captures the whole market, and the other firm gets nothing. ◦ If both firms set the same price, they split the market demand evenly. Bertrand competition The profit for each firm is given by: = , [ ] and = ( , )[ ]. Π − This model is calledΠ the Bertrand model− of Duopoly—after 19th Century economist, Joseph Louis Francois Bertrand. To find the equilibrium, however, we’re not going to use calculus—just reason. Equilibrium in the Bertrand model Say that you’re Kemp’s dairy. If Dean’s is charging any price that is greater than your own c, then you can choose from among three intervals for your own price: > , = , < . If you go with the first one, ≤ you get no sales because Dean’s undercut your price. If you go with the second one, you get: 1 , .