Defining the Relevant Market in Telecommunications 2014
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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. -
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. -
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. -
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. -
Global Pay TV Fragments
Global pay TV fragments The top 503 pay TV operators will reach 853 million subscribers from the 1.02 billion global total by 2026. The top 50 operators accounted for 64% of the world’s pay TV subscribers by end-2020, with this proportion dropping to 62% by 2026. Pay TV subscribers by operator ranking (million) 1200 1000 143 165 38 45 800 74 80 102 102 600 224 215 400 200 423 412 0 2020 2026 Top 10 11-50 51-100 101-200 201+ Excluded from report The top 50 will lose 20 million subscribers over the next five years. However, operators beyond the top 100 will gain subscribers over the same period. Simon Murray, Principal Analyst at Digital TV Research, said: “Most industries consolidate as they mature. The pay TV sector is doing the opposite – fragmenting. Most of the subscriber growth will take place in developing countries where operators are not controlled by larger corporations.” By end-2020, 13 operators had more than 10 million pay TV subscribers. China and India will continue to dominate the top pay TV operator rankings, partly as their subscriber bases climb but also due to the US operators losing subscribers. Between 2020 and 2026, 307 of the 503 operators (61%) will gain subscribers, with 13 showing no change and 183 losing subscribers (36%). In 2020, 28 pay TV operators earned more than $1 billion in revenues, but this will drop to 24 operators by 2026. The Global Pay TV Operator Forecasts report covers 503 operators with 726 platforms [132 digital cable, 116 analog cable, 279 satellite, 142 IPTV and 57 DTT] across 135 countries. -
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. -
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. -
Measures of Competition and Concentration in the Banking Industry: a Review of the Literature
Measures of Competition and Concentration in the Banking Industry: a Review of the Literature Jacob A. Bikker and Katharina Haaf Central Bank of the Netherlands 1. Introduction Abstract: Measures of concentration and The deregulation of financial services in the European Union, the competition are of vital importance for establishment of the Economic and Monetary Union (EMU) and welfare-related public policy toward the development of information technology are expected to market structure and conduct in the banking industry. Theoretical contribute to dramatic changes in European banking markets characteristics of market concentration over the coming years, with vast implications for competition measures are discussed and illustrated and concentration in the banking and financial sector. The recent with numerical examples. Various wave of mergers in the European banking industry can be seen as structural and non-structural measures of competition are presented and their a result of these developments. This process of consolidation applications have been discussed. In may affect competition, particularly on local retail markets, and structural approaches, the market enhances concentration, whereas the size of new global players structure is described by concentration may cause concerns about financial stability. ratios, based on the oligopoly theory or the structure-conduct-performance paradigm. To assess the implications of these developments, it is necessary to investigate the impact of consolidation on the market structure and the performance of banks. Measures of concentration and competition are essential for welfare-related public policy toward the banking market. In recent years, however, only a limited number of empirical studies have investigated competition and concentration in European banking markets. -
ETB 2013 V2:Layout 1
Reader’s Digest Trusted Brands Survey 2013 Contents Page No: Overview 3 How we award Trusted Brand status 7 The Trusted Brand logo and guidelines for its usage 8 Results - Brands: 20 common categories 9 Most nominated brands across Europe 10 All winners by country and category – share of vote 12 Comparison of winners by category – past 5 years 14 The local categories – winning brands 21 Results – Confidence and Trust: Professions 25 Government Policies 31 Criteria of trust 36 Trust and purchase 42 Appendix i. Response rate by country 2013 v 2012 46 ii. Respondent base 2009 – 2013 47 iii. Respondents by category by country 48 iv. Respondent profile – all countries 49 v. Respondent profile by country 50 vi. Population weightings 51 Sample questionnaire 55 Reader’s Digest circulation and readership by country 59 Contacts by country 60 www.rdtrustedbrands.com 2 Reader’s Digest Trusted Brands 2013 An overview About the survey • Reader’s Digest European Trusted Brands is now in its 13th year, it was first published in 2001. • Fieldwork for this study is conducted annually and the results are available (free of charge) from www.rdtrustedbrands.com • In order to allow for tracking over time every effort is made to retain consistency in methodology, content and presentation of data. • Research was conducted in 11 languages across 12 European countries. • Croatia and Sweden did not participate in 2013. Fieldwork was conducted in Austria but didn’t produce an acceptable base for detailed analysis of the brand results. • The primary focus of the study is to find out which brands Europeans trust the most. -
Antitrust Guidelines for Collaborations Among Competitors
Antitrust Guidelines for Collaborations Among Competitors Issued by the Federal Trade Commission and the U.S. Department of Justice April 2000 ANTITRUST GUIDELINES FOR COLLABORATIONS AMONG COMPETITORS TABLE OF CONTENTS PREAMBLE ................................................................................................................................ 1 SECTION 1: PURPOSE, DEFINITIONS, AND OVERVIEW ............................................... 2 1.1 Purpose and Definitions .................................................................................................... 2 1.2 Overview of Analytical Framework ................................................................................ 3 1.3 Competitor Collaborations Distinguished from Mergers .............................................. 5 SECTION 2: GENERAL PRINCIPLES FOR EVALUATING AGREEMENTS AMONG COMPETITORS .................................................................................. 6 2.1 Potential Procompetitive Benefits .................................................................................. 6 2.2 Potential Anticompetitive Harms .................................................................................... 6 2.3 Analysis of the Overall Collaboration and the Agreements of Which It Consists ......................................................................................................... 7 2.4 Competitive Effects Are Assessed as of the Time of Possible Harm to Competition ..................................................................................