Understanding Market Concentration: Internet-Based Applications from the Banking Industry
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Market Definition and the Merger Guidelines
ISSN 1936-5349 (print) ISSN 1936-5357 (online) HARVARD JOHN M. OLIN CENTER FOR LAW, ECONOMICS, AND BUSINESS MARKET DEFINITION AND THE MERGER GUIDELINES Louis Kaplow Discussion Paper No. 695 05/2011 Harvard Law School Cambridge, MA 02138 This paper can be downloaded without charge from: The Harvard John M. Olin Discussion Paper Series: http://www.law.harvard.edu/programs/olin_center/ The Social Science Research Network Electronic Paper Collection: http://ssrn.com/ JEL Classes: D42, K21, L40 Market Definition and the Merger Guidelines Louis Kaplow* Abstract The recently issued revision of the U.S. Horizontal Merger Guidelines, like its predecessors and mirrored by similar guidelines throughout the world, devotes substantial attention to the market definition process and the implications of market shares in the market that is selected. Nevertheless, some controversy concerning the revised Guidelines questions their increased openness toward more direct, economically based methods of predicting the competitive effects of mergers. This article suggests that, as a matter of economic logic, the Guidelines revision can only be criticized for its timidity. Indeed, economic principles unambiguously favor elimination of the market definition process altogether. Accordingly, the 2010 revision is best viewed as a moderate, incremental, pragmatic step toward rationality, its caution being plausible only because of legal systems’ resistance to sharp change. Forthcoming, Review of Industrial Organization *Harvard University and National Bureau of Economic Research. I am grateful to the John M. Olin Center for Law, Economics, and Business at Harvard University for financial support. This article draws on Kaplow (2010, 2011). Market Definition and the Merger Guidelines Louis Kaplow © Louis Kaplow. -
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
Unclassified DAF/COMP/WD(2015)45 Organisation de Cooperation et de Developpement Economiques Organisation for Economic Co-operation and Development 12-Jun-2015 English - Or. English DIRECTORATE FOR FINANCIAL AND ENTERPRISE AFFAIRS COMPETITION COMMITTEE 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 oft he OECD Competition Committee on 16-1 8 June 2015. More documents related to this discussion can be found at www.oecdorg/dajlcompetitionloligopoly-markets.htm. JT03378438 Complete document available on OLIS in its original format This document and any map included herein are with out prejudice to the status ofor sovereignty over any territory, to the delimitation of international frontiers and boundaries and to the name ofan y 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. competition policy, the Agencies can address the welfare-reducing effects of oligopoly behavior through enforcement as well as other means. -
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. -
Mergers and Acquisitions
Mergers and Acquisitions Antitrust Eric E. Johnson ericejohnson.com Konomark Most rights sharable Kinds of mergers • Horizontal mergers • Vertical mergers • Conglomerate mergers 1 Potential benefits of mergers • All kinds of efficiencies • Economies of scale • Preserving firms that would fail • The list is endless ... Potential problems with mergers • Unilateral effects – market/monopoly power of the merged firm • Oligopoly effects – concentration of a market that can cause prices to increase, either through: • purely self-interested/independent decision- making of firms, or • oligopolistic coordination (e.g., legal “conscious parallelism”) • According to research, five significant firms in a market tends to be enough to prevent oligopolistic coordination 2 Potential problems with mergers • Unilateral effects – market/monopoly power of the merged firm • Oligopoly effects – concentration of a market that can cause prices to increase, either through: • purely self-interested/independent decision- making of firms, or • oligopolisticis a coordinationmagic number (e.g., legal ... 5“conscious parallelism”) • According to research, five significant firms in a market tends to be enough to prevent oligopolistic coordination Applicable law • Mergers and acquisitions can be challenged under Sherman Act 1 or 2, or FTC Act 5, but generally they are challenged under the Clayton Act 7. • Clayton Act 7 allows the blocking of mergers and acquisitions where “the effect of such ... may be to substantially lessen competition, or tend to create a monopoly.” 3 Hart-Scott-Rodino Act 15 USC 18a Pre-merger filing with DOJ/FTC is required where: • the stock acquisition value exceeds $50M and the acquirer and target have assets or annual sales in excess of $10M for one and $100M for the other (either way), OR • the stock acquisition value exceeds $200M Amounts are in 2004 dollars. -
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. -
Guidelines for Merger Analysis
Guidelines for Merger Analysis Adopted by the Competition and Consumer Protection Commission on 31 October 2014 Merger Guidelines_CCPC TABLE OF CONTENTS 1. Elements of Merger Review ............................................................. 1 Introduction .......................................................................................... 1 Substantial Lessening of Competition ........................................................ 1 The Counterfactual ................................................................................. 3 Actual and Potential Competition .............................................................. 3 Market Definition .................................................................................... 4 Evidence ............................................................................................... 4 2. Market Definition ........................................................................... 6 Introduction .......................................................................................... 6 Product Market Definition ........................................................................ 7 Demand-side Substitution ....................................................................... 7 Supply-side Substitution ......................................................................... 9 Geographic Market Definition .................................................................. 10 3. Market Concentration .................................................................... 12 -
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.