Guidelines for Fighting Bid Rigging in Public
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The Sotheby's/Christine's Antitrust Scandal and Proposed Changes to Illinois Art Auction Law
DePaul Journal of Art, Technology & Intellectual Property Law Volume 12 Issue 2 Fall 2002 Article 2 Fix and Tell: The Sotheby's/Christine's Antitrust Scandal and Proposed Changes to Illinois Art Auction Law Donald R. Simon Follow this and additional works at: https://via.library.depaul.edu/jatip Recommended Citation Donald R. Simon, Fix and Tell: The Sotheby's/Christine's Antitrust Scandal and Proposed Changes to Illinois Art Auction Law, 12 DePaul J. Art, Tech. & Intell. Prop. L. 269 (2002) Available at: https://via.library.depaul.edu/jatip/vol12/iss2/2 This Lead Article is brought to you for free and open access by the College of Law at Via Sapientiae. It has been accepted for inclusion in DePaul Journal of Art, Technology & Intellectual Property Law by an authorized editor of Via Sapientiae. For more information, please contact [email protected]. Simon: Fix and Tell: The Sotheby's/Christine's Antitrust Scandal and Pro LEAD ARTICLE FIX AND TELL: THE SOTHEBY'S/CHRISTINE'S ANTITRUST SCANDAL AND PROPOSED CHANGES TO ILLINOIS ART AUCTION LAW Donald R. Simon* I. INTRODUCTION For nearly 200 years, auction houses like Sotheby's and Christie's have been the public's gauge for measuring the value of artwork.' These houses act as agents and guides, offering advice to sellers and collectors while making money by taking commissions.- 2 Auctions are the most popular methods of buying and selling art.' Today, some form of auction comprise nearly fifty percent of transactions involving art.4 Internationally, the auction industry takes in nearly $4 billion dollars annually.' Of that amount, Sotheby's and Christie's, the largest and most influential auction houses,6 control more than ninety percent of the world's auction business.' Although there are many other auction * Director, Business and Legal Affairs, Questar, Inc., Chicago, Illinois. -
Shill Bidding in English Auctions
Shill Bidding in English Auctions Wenli Wang Zoltan´ Hidvegi´ Andrew B. Whinston Decision and Information Analysis, Goizueta Business School, Emory University, Atlanta, GA, 30322 Center for Research on Electronic Commerce, Department of MSIS, The University of Texas at Austin, Austin, TX 78712 ¡ wenli [email protected] ¡ [email protected] [email protected] First version: January, 2001 Current revision: September 6, 2001 Shill bidding in English auction is the deliberate placing bids on the seller’s behalf to artificially drive up the price of his auctioned item. Shill bidding has been known to occur in auctions of high-value items like art and antiques where bidders’ valuations differ and the seller’s payoff from fraud is high. We prove that private- value English auctions with shill bidding can result in a higher expected seller profit than first and second price sealed-bid auctions. To deter shill bidding, we introduce a mechanism which makes shill bidding unprofitable. The mechanism emphasizes the role of an auctioneer who charges the seller a commission fee based on the difference between the winning bid and the seller’s reserve. Commission rates vary from market to market and are mathematically determined to guarantee the non-profitability of shill bidding. We demonstrate through examples how this mechanism works and analyze the seller’s optimal strategy. The Internet provides auctions accessible to the general pub- erature on auction theories, which currently are insufficient to lic. Anyone can easily participate in online auctions, either as guide online practices. a seller or a buyer, and the value of items sold ranges from a One of the emerging issues is shill bidding, which has become few dollars to millions. -
Ascending Auctions with Package Bidding
Frontiers of Theoretical Economics Volume 1, Issue 1 2002 Article 1 Ascending Auctions with Package Bidding Lawrence M. Ausubel∗ Paul R. Milgrom† ∗University of Maryland, [email protected] †Stanford University, [email protected] Copyright c 2002 by the authors. All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, elec- tronic, mechanical, photocopying, recording, or otherwise, without the prior written permis- sion of the publisher, bepress, which has been given certain exclusive rights by the author. Frontiers of Theoretical Economics is produced by The Berkeley Electronic Press (bepress). http://www.bepress.com/bejte Ascending Auctions with Package Bidding Lawrence M. Ausubel and Paul R. Milgrom Abstract A family of ascending package auction models is introduced in which bidders may determine their own packages on which to bid. In the proxy auction (revelation game) versions, the outcome is a point in the core of the exchange economy for the reported preferences. When payoffs are linear in money and goods are substitutes, sincere reporting constitutes a Nash equilibrium and the outcome coincides with the Vickrey auction outcome. Even when goods are not substitutes, ascending proxy auction equilibria lie in the core with respect to the true preferences. Compared to the Vickrey auction, the proxy auctions generate higher equilibrium revenues, are less vulnerable to shill bidding and collusion, can handle budget constraints much more robustly, and may provide better ex ante investment incentives. KEYWORDS: auction theory, FCC auctions, package bidding, combinatorial bidding, activity rule, bid Improvement rule, e-commerce, electronic commerce Ausubel and Milgrom: Ascending Package Auctions 1. -
Auctions & Competitive Bidding
Auctions & Competitive Bidding When planned and executed appropriately, auctions and other competitive market mechanisms can achieve important objectives in selling or acquiring products, assets, resources, rights, and obligations. However, expertise, experience, and reputation are needed to ensure success. For two decades, CRA has designed, conducted, and monitored high-stakes auctions and other competitive transaction mechanisms in many industries and in more than a dozen countries. Our consultants also have helped clients participate successfully in auctions. Whether you want to maximize the value of your assets, minimize your procurement costs, or achieve other objectives, you’ll find the expertise, experience, reputation, and support you need at CRA. Full range of services software such as our Auction Management System (AMS), CRA provides a complete range of services to ensure success. demos, mock auctions, training, and hosting services for auctions We combine theory, market analysis, business principles, and and other trading events. We use our multilingual capabilities practical experience tailored to industry realities in developing and experience to conduct trading events in several languages. and implementing strategies and market mechanisms that best CRA has designed and managed more than 150 successful meet clients’ objectives. We achieve lower information and trading events with transaction values ranging from hundreds transaction costs, improved market information, increased of thousands to billions of dollars. value, lower costs, and improved price realizations that benefit sellers and buyers. This enhances seller-buyer relationships and Auction software, trading platforms, and hosting enables market participants to make better business decisions, CRA develops and customizes software applications, systems, invest their resources and assets more profitably, and manage trading platforms, and tools used to manage auctions and their risks better. -
Fighting Bid Rigging in Public Procurement: Report on Implementing the OECD Recommendation 2016
Fighting bid rigging in public procurement Report on implementing the OECD Recommendation 2016 Fighting bid rigging in public procurement Report on implementing the OECD Recommendation 2016 This work is published on the responsibility of the Secretary-General of the OECD. The opinions expressed and arguments employed herein do not necessarily reflect the official views of the OECD or of the governments of its member countries or those of the European Union. This document and any map included herein are without prejudice to the status or sovereignty over any territory, to the delimitation of international frontiers and boundaries and to the name of any territory, city, or area. Please cite this publication as: OECD (2016), Fighting bid rigging in public procurement: Report on implementing the OECD Recommendation © OECD 2016 1 Foreword The 2012 Recommendation of the Council on Fighting Bid Rigging in Public Procurement recommends to governments to strive for public procurement procedures that are designed to promote competition and reduce the risk of bid rigging. Bid rigging, i.e. agreements between bidders to eliminate competition in the procurement process, thereby raising prices, lowering quality and/or restricting supply, is a major risk to the effectiveness and integrity of public procurement and deprives the public sector of genuine opportunities to achieve value for money. For this reason, the fight against bid rigging has become one of the enforcement priorities of competition authorities around the world. The OECD, through its Competition Committee, developed the Recommendation to consolidate OECD good practices and recommend specific steps to render public procurement processes competitive and free from collusion. -
Single Bidders and Tacit Collusion in Highway Procurement Auctions
University of Kentucky Gatton College of Business and Economics Institute for the Study of Free Enterprise Single Bidders and Tacit Collusion in Highway Procurement Auctions • Collusion in auctions can take different forms, one of which is refraining from bidding • . Certain aspects of highway procurement auctions facilitate collusive outcomes • We analyze both the bid participation decision and the pricing decision • We include variables that affect firm’s’ costs as well as variables that capture competitive and strategic effects • Most importantly, we determine the potential service area of each asphalt plant and use that information to determine the potential bidders for each paving project • We find that, in geographic markets with only a few feasible suppliers, county boundaries serve as a coordinating mechanism for softening competition, significantly influencing firms’ decisions whether and how much to bid Understanding firms’ attempts to collude drives much of economists’ study of oligopoly. Detection and deterrence of collusion are perhaps the primary challenges of antitrust policy.4 In auction markets, collusion has attracted less attention than a general focus on design mechanisms and other factors affecting the competitiveness of such markets.5 Much of the attention paid to collusion in auction markets has been motivated by price fixing and bid-rigging conspiracies in public procurement auctions Bid-rigging schemes can take a variety of forms. Sometimes all participants in an auction are part of an overt conspiracy, and then the challenge becomes determining which conspirator will win the auction and how other conspirators will be compensated. Things change somewhat if non-conspirators participate in the auction. Accommodating behavior by co-conspirators often takes the form of submitting complementary bids above (in a procurement auction) the predetermined winner’s bid. -
Competition Law in India
MUMBAI SILICON VALLEY BANGALORE SINGAPORE MUMBAI BKC NEW DELHI MUNICH NEW YORK Research MUMBAI SILICON VALLEY BANGALORE 93 B, Mittal Court, Nariman Point 220 S California Ave., Suite 201 Prestige Loka, G01, 7/1 Brunton Rd Competition Law Mumbai 400 021, India Palo Alto, California 94306, USA Bangalore 560 025, India Tel +91 22 6669 5000 Tel +1 650 325 7100 Tel +91 80 6693 5000 Fax +91 22 6669 5001 Fax +1 650 325 7300 Fax +91 80 6693 5001 in India SINGAPORE MUMBAI BKC NEW DELHI Level 30, Six Battery Road 3, North Avenue, Maker Maxity C–5, Defence Colony Singapore 049 909 Bandra–Kurla Complex New Delhi 110 024, India Mumbai 400 051, India Tel +65 6550 9856 Tel +91 11 4906 5000 December 2020 Tel +91 22 6159 5000 Fax +91 11 4906 5001 Fax +91 22 6159 5001 MUNICH NEW YORK Maximilianstraße 13 375 Park Ave Suite 2607 80539 Munich, Germany New York, NY 10152 Tel +49 89 203 006 268 Tel +1 212 763 0080 Fax +49 89 203 006 450 Competition Law in India © Nishith Desai Associates 2020 [email protected] © Nishith Desai Associates 2020 www.nishithdesai.com Competition Law in India December 2020 [email protected] DMS Code: WORKSITE!570106.1 © Nishith Desai Associates 2020 Competition Law in India About NDA We are an India Centric Global law firm (www.nishithdesai.com) with four offices in India and the only law firm with license to practice Indian law from our Munich, Singapore, Palo Alto and New York offices. We are a firm of specialists and the go-to firm for companies that want to conduct business in India, navigate its complex business regulations and grow. -
Bidding Strategy and Auction Design
16 ■ Bidding Strategy and Auction Design UCTIONS AS MECHANISMS for selling goods and services date back to ancient Greece and Rome, where slaves and wives were commonly bought and sold at well-known public auction sites. Although the auction waned as a sales mechanism for several centuries after the fall of the Roman Em- pire,A it regained popularity in eighteenth-century Britain and has been a com- mon, if not ubiquitous, method of commerce since that time. Many thousands of people now make purchases at online auctions every day, and some may buy other items by way of mechanisms that are not even recognized as auctions. Despite this long history, the first formal analysis of auctions dates only to 1961 and the path-breaking work of Nobel Prize winner William Vickrey. In the decades that followed, economists have devoted considerable energy to devel- oping a better understanding of sales by auction, from the standpoint of both buyers (bidding strategy) and sellers (auction design). We cover both topics and provide a primer on auction rules and environments in this chapter. Technically, the term “auction” refers to any transaction where the final price of the object for sale is arrived at by way of competitive bidding. Many dif- ferent types of transactions fit this description. For example, the historic Filene’s Basement department store in Boston used a clever pricing strategy to keep cus- tomers coming back for more: it reduced the prices on items remaining on the racks successively each week until either the goods were purchased or the price got so low that it donated the items to charity. -
Global Cartel Enforcement Report
Global cartel enforcement report February 2020 allenovery.com 2 Global cartel enforcement report | February 2020 Foreword Antitrust authorities around the world continued to focus on tackling national and international cartels in 2019, with many jurisdictions showing an appreciable upturn in the level of fines compared to those imposed in 2018. The European Commission (EC) once again topped the global leader board, with fines totalling USD1.6 billion (up by 74% from 2018). The U.S., Japan, Germany, Italy and France also saw significant increases in the level of fines imposed in 2018, while a number of authorities with a reputation for aggressive enforcement, including South Korea and Brazil, saw a marked drop in their fine totals. But behind the numbers sit several major questions, the answers to which may impact international cartel enforcement in the future: • Will the ever-increasing spread of private damages actions, including a wave of claimant actions in Europe following on from the EC’s Trucks and Forex decisions, ultimately make leniency an unattractive proposition? To date, leniency remains the key enforcement tool in many jurisdictions. 100% of decisions in the EU, UK and Japan included an immunity/leniency applicant, as did the majority of decisions in Brazil, Spain and Hungary. But notably, immunity/leniency applicants featured in only 13% of decisions in China and 8% of decisions in the U.S. • Does the broad use of settlement agreements, and the lower fines they deliver, reduce the need for an ex ante leniency strategy? In the EU, Germany, the UK and the U.S., all decisions in 2019 involved settlement, with the EC’s approach on the Forex cartel signalling a willingness to continue to pursue ‘hybrid’ settlement decisions in the wake of the ICAP and Pometon judgments. -
Bid Rigging an Analysis of Corruption in Auctions
BID RIGGING AN ANALYSIS OF CORRUPTION IN AUCTIONS YVAN LENGWILER ELMAR WOLFSTETTER CESIFO WORKING PAPER NO. 1488 CATEGORY 9: INDUSTRIAL ORGANISATION JUNE 2005 An electronic version of the paper may be downloaded • from the SSRN website: www.SSRN.com • from the CESifo website: www.CESifo.de CESifo Working Paper No. 1488 BID RIGGING AN ANALYSIS OF CORRUPTION IN AUCTIONS Abstract In many auctions, the auctioneer is an agent of the seller. This invites corruption. We propose a model of corruption in which the auctioneer orchestrates bid rigging by inviting a bidder to either lower or raise his bid, whichever is more profitable. We characterize equilibrium bidding in first- and second-price auctions, show how corruption distorts the allocation, and why both the auctioneer and bidders may have a vested interest in maintaining corruption. Bid rigging is initiated by the auctioneer after bids have been submitted in order to minimize illegal contact and to realize the maximum gain from corruption. JEL Code: D44. Keywords: auctions, procurement, corruption, right of first refusal, numerical methods. Yvan Lengwiler Elmar Wolfstetter University of Basel Humboldt University Berlin Department of Economics (WWZ) Institute of Economic Theory I Petersgraben 51 Spandauer Str. 1 4003 Basel 10099 Berlin Switzerland Germany [email protected] [email protected] This article succeeds our earlier working paper entitled “Auctions and Corruption,” which circulated in various versions since the year 2000. We wish to thank Dirk Engelmann and Nicolas Sahuguet for their comments, and seminar participants at the Universities of Zürich, Bern, Bergen, Melbourne, Queensland, the Stockholm School of Economics, the University of Korea, the SAET meeting 2001, and the FEEM meeting on “Auctions and Market Design” 2002 for interesting discussions. -
Bid Rigging : an Analysis of Corruption in Auctions
A Service of Leibniz-Informationszentrum econstor Wirtschaft Leibniz Information Centre Make Your Publications Visible. zbw for Economics Lengwiler, Yvan; Wolfstetter, Elmar Working Paper Bid rigging : an analysis of corruption in auctions CESifo Working Paper, No. 1488 Provided in Cooperation with: Ifo Institute – Leibniz Institute for Economic Research at the University of Munich Suggested Citation: Lengwiler, Yvan; Wolfstetter, Elmar (2005) : Bid rigging : an analysis of corruption in auctions, CESifo Working Paper, No. 1488, Center for Economic Studies and ifo Institute (CESifo), Munich This Version is available at: http://hdl.handle.net/10419/18952 Standard-Nutzungsbedingungen: Terms of use: Die Dokumente auf EconStor dürfen zu eigenen wissenschaftlichen Documents in EconStor may be saved and copied for your Zwecken und zum Privatgebrauch gespeichert und kopiert werden. personal and scholarly purposes. Sie dürfen die Dokumente nicht für öffentliche oder kommerzielle You are not to copy documents for public or commercial Zwecke vervielfältigen, öffentlich ausstellen, öffentlich zugänglich purposes, to exhibit the documents publicly, to make them machen, vertreiben oder anderweitig nutzen. publicly available on the internet, or to distribute or otherwise use the documents in public. Sofern die Verfasser die Dokumente unter Open-Content-Lizenzen (insbesondere CC-Lizenzen) zur Verfügung gestellt haben sollten, If the documents have been made available under an Open gelten abweichend von diesen Nutzungsbedingungen die in der dort Content Licence (especially Creative Commons Licences), you genannten Lizenz gewährten Nutzungsrechte. may exercise further usage rights as specified in the indicated licence. www.econstor.eu BID RIGGING AN ANALYSIS OF CORRUPTION IN AUCTIONS YVAN LENGWILER ELMAR WOLFSTETTER CESIFO WORKING PAPER NO. 1488 CATEGORY 9: INDUSTRIAL ORGANISATION JUNE 2005 An electronic version of the paper may be downloaded • from the SSRN website: www.SSRN.com • from the CESifo website: www.CESifo.de CESifo Working Paper No. -
Competition in Bidding Markets 2006
Competition in Bidding Markets 2006 The OECD Competition Committee debated competition in bidding markets in October 2006. This document includes an executive summary and the documents from the meeting: an analytical note by Ms. Sally Van Siclen for the OECD and written submissions: Czech Republic, the European Commission, Germany, Hungary, Indonesia, Japan, Korea, Mexico, Netherlands, New Zealand, Romania, South Africa, Switzerland, Turkey, the United Kingdom, the United States as well as papers from BIAC and Professor Paul Klemperer. An aide-memoire of the discussion is also included. Competition authorities become interested in auctions by a number of routes. In competition advocacy, they may advise other parts of government on how to design auctions in order to improve their efficiency—the degree of competition. They may evaluate mergers and agreements between firms that operate in auction markets. And they may be concerned with collusion and abuse of a dominant position in auctions. Because their formal rules reduce “noise” and make communication among rivals easier, auctions can promote collusion, compared with ordinary “posted-price” markets. But an auction can be designed to reduce collusion or concerted practices or to promote participation. Thus, the design of an auction can be the object of lobbying pressure. Auctioneers can also behave strategically, choosing auction formats or practices that favour competition. Two fundamental prescriptions for effective auction design follow from the theoretical literature: Induce bidders