Exclusive Dealing,Preferential Dealing,and Dynamic Efficiency

Several recent antitrust cases brought by the U.S.Department of Justice have challenged exclusivedealing by firms with market power. This paperreviews the legal treatment of exclusive dealing andanalyzes the economic implications of contracts thatpenalize customers for trading with a rival supplier. These contracts include arrangements that make it morecostly for customers to trade with a rival(preferential dealing) as well as contracts thatprohibit such trades (exclusive dealing). Theanalysis assumes that buyers and sellers negotiateefficiently, so the focus is on the implications ofcontract terms for investment behavior (dynamicefficiency). When investment is limited to theentrant, the optimal contract between a monopolyseller and a buyer imposes a socially excessivepenalty for trade with a rival. The paper contraststhe dynamic efficiency consequences of contractualpenalties and volume discounts. Both penalties andvolume discounts reduce a customer's gains from tradewith rival firms. However, in many circumstances,penalties harm dynamic efficiency because they lowera rival firm's marginal incentives to invest.     

The Competitive Effect of Exclusive Dealing in the Presence of Renegotiation Breakdown

This paper analyzes the seller’s incentive to write exclusive contracts with buyers (“exclusive dealing”) and the welfare implications of such contracts in the presence of renegotiation breakdown whereby exclusive dealing is able to affect both the incumbent seller’s investment and a rival’s entry. The analysis shows that the probability of renegotiation breakdown plays a central role in determining the competitive effect of exclusive dealing. Exclusivity is likely to be anticompetitive for intermediate levels of renegotiation breakdown risk, while it is likely to be procompetitive for a very low breakdown risk under linear pricing (and for a very high breakdown risk under two-part tariffs). The result suggests that the competitive effect of exclusive dealing is decided by the interaction between investment promotion and foreclosure, which in turn depends on the probability of renegotiation breakdown and the pricing scheme that sellers can choose.     

Cheap Exclusion in Markets with Multiple Complements

We extend the theory of exclusive dealing in first-mover environments to settings where the incumbent seller’s product is used with multiple complements in a distribution chain and the incumbent can sign exclusive dealing contracts with more than one of them. The model is motivated by the market for biosimilar pharmaceuticals, where incumbent sellers that face a threat of entry can sign exclusionary contracts with both providers and insurance carriers prior to entry. We show that when the incumbent’s complementors are vertically related, it can be profitable for the incumbent to sign exclusive contracts with indirect buyers, who operate downstream from the direct buyers of the product. Under linear pricing, such exclusion is profitable if the pass-through rate is sufficiently low, and under nonlinear pricing and symmetric Nash bargaining, it is profitable for all pass-through rates. Complementors face a more severe coordination problem than independent buyers that can make anticompetitive exclusion more likely and especially cheap.     

Estimating the foreclosure effect of exclusive dealing: Evidence from the entry of specialty beer producers

This paper estimates an entry model to study the effect of exclusive dealing between Anheuser Busch and its distributors on rival brewers' entry decisions and consumer surplus. The entry model accounts for post-entry demand conditions and strategic spillover effects. I recover a brewer's fixed costs using a two-step estimator and find spillover effects on brewers' entry decisions. I find that a brewer has higher fixed costs at locations where Anheuser Busch employ exclusive distributors, but the effect is only statistically significant in certain local areas. The estimates also show that a brewer is less likely to enter a location that is farther from its brewery, has lower expected demand, or is smaller in store size. I implement counterfactual experiments to study the effect of banning exclusive contracts between Anheuser Busch and its distributors. The results show that the welfare improvement associated with banning such contracts is very small.     

Exclusive dealing and the pullman sleeping car corporation

The current paper discusses exclusive dealing in the context of the litigation which involved the sleeping car industry in the 1940's. Both efficiency and exclusionary considerations are analyzed. A novel aspect of the paper is its consideration of staggered contract expiration dates as a means of deterring entry.     

ON THE ANTICOMPETITIVE EFFECT OF EXCLUSIVE DEALING WHEN ENTRY BY MERGER IS POSSIBLE*

We extend the literature on exclusive dealing by allowing the incumbent and the potential entrant to merge. This uncovers new effects. First, exclusive dealing can be used to improve the incumbent's bargaining position in the merger negotiation. Second, the incumbent finds it easier to elicit the buyer's acceptance of exclusivity. Third, despite allowing the more efficient technology to find its way into the industry, exclusive dealing reduces welfare because (i) it may trigger entry through merger whereas independent entry would be socially optimal and (ii) it may deter entry altogether.     

On the competition enhancing effects of exclusive dealing contracts

Antitrust scholars have argued that exclusive contracts have anticompetitive, or at best neutral effects, if no efficiencies are generated. In contrast, this paper shows that exclusive contracts can have procompetitive effects, provided buyers are imperfect downstream competitors and contract breach is feasible. In that case, an efficient entrant is not necessarily foreclosed through exclusive contracts but induces buyers to breach. Because breaching buyers have to pay expectation damages to the incumbent, the downstream profits they obtain when breaching must be large enough. Therefore, the entrant needs to set a lower wholesale price than absent exclusive contracts, leading to lower final consumer prices and higher welfare.     

Exclusive Contracts And Market Power: Evidence From Ocean Shipping

There is a substantial theoretical literature on the potential effects of loyalty contracts, but relatively little empirical work. We employ the event study methodology to examine the competitive effects of exclusionary contracts in the ocean shipping industry, where they were the subject of an extended legal and political struggle. We find that some of the most important events in this conflict caused significant changes in shipping firms' stock returns, indicating exclusive contracts increased their profits. We then examine the effect of these events on net exporting industries' stock returns, and provide evidence that these contracts contributed to carriers' market power.     

The Impacts of Contract Type on Broker Performance

This paper offers a theoretical and empirical analysis of the exclusive agency and exclusive-right-to-sell contracts used in real estate brokerage. The theoretical model predicts that while both contract types will yield the same price, the exclusive agency contract will result in faster sales than the exclusive-right-to-sell contract. In the empirical model, we find that houses sold faster under the exclusive agency contract than the exclusive-right-to-sell contract. However, houses sold with exclusive agency contracts also sold at a marginally lower price. We also find a slightly greater concession from the listing price at the negotiation stage of exclusive agency listings.     

Competing buyers,rent extraction and inefficient exclusion

The article illustrates how a seller profitably can prevent entry of a potential competitor, even when entry would increase industry profit. Entry is prevented by offering exclusive contracts to the buyers. The buyers are assumed to be differentiated firms, competing in a downstream market. Exclusion occurs in equilibrium as long as there is some degree of competition among the downstream firms, and even when there are no economies of scale in upstream production.     

THE ROLE OF EXCLUSIVE CONTRACTS IN FACILITATING MARKET TRANSACTIONS*

We examine the relationship between market conditions and the adoption of exclusive contracts. In particular, we develop a matching model in which agents may decide to adopt exclusive contracts to reduce bilateral bargaining inefficiencies in the presence of private information. We show that it is optimal for agents to adopt exclusive contracts in thin markets but not in thick markets and that for intermediate levels of market thickness strategic complementarities lead to multiple equilibria. We study the welfare properties of market equilibria and discuss under what circumstances courts should enforce exclusive contracts.     

The Antitrust Division: Economic Issues Presented in 2010–2011

The Antitrust Division of the US Department of Justice had a number of interesting cases during the last year. The merger between Comcast and NBC-Universal presented an interesting challenge of preserving existing competition from an emerging technology. The abandoned attempt by NASDAQ to acquire NYSE shed light on a number of competitive interactions between financial exchanges. Hospital contracts in Texas illustrated that exclusive dealing is still a violation of Section “NASDAQ’s Proposed Acquisition of NYSE” and will be pursued by the Antitrust Division. And, a number of cases as well as a new policy guide on the subject demonstrate that the Antitrust Division will work with parties and accept innovative remedies to eliminate competitive problems in ways that may better preserve efficiencies.     

PLATFORM COMPETITION WITH ‘MUST‐HAVE’ COMPONENTS*

In platform‐component systems with indirect network effects, some ‘must‐have’ components are so popular with consumers that they create large, discrete indirect network effects when they become available on a platform. For example, ESPN is a must‐have component of cable TV platforms. This paper examines how platform market structures determine exclusive versus non‐exclusive contracts between platforms and components. It shows that a component provider is more likely to sign exclusive contracts with a single platform if its popularity is high, the platform market share difference is large, and cross‐platform indirect network effects are low.     

Peer-to-Peer File Sharing: The Case of the Music Recording Industry

The music recording industry is a highly-concentratedfive firm oligopoly. Much of the dominance achievedby larger firms in the industry results from control over the distribution and promotion of theproducts of the industry. Alexander (1994b), predictedthat new compression routines would facilitate the efficient transfer of digital music across the internet.MP3 compression routines have made such transfersrelatively simple and efficient. While smaller new entrants have not yet been able to exploit this newtechnology in terms of market share, an element ofuncertainty exists regarding the sustainability of the prevailing structure, due to large scale non-sanctionedfile sharing. Despite the industry's legal efforts tosuppress non-sanctioned file distribution, peer-to-peer networks may render these efforts futile. However,peer-to-peer networks must overcome structural andinstitutional problems, in particular, free-riding.     

The Salzburg sound of management

To many, Salzburg is correctly identified with Mozart and music festivals. To an increasing number of Europeans, it is also the scene of an exciting experiment in management education.     

Chart Turnover and Sales in the Recorded Music Industry: 1990–2005

Chart turnover and sales in the recorded music industry are examined before and during the growth of the Internet as a music source. Chart turnover is measured as the monthly turnover in Billboard’s Top 200 albums chart. Monthly data on expenditures and price indices for music and related goods, as well as demographic and income data, are used in a multivariate structural time series analysis that allows the capture of an unobserved component. We find that turnover positively affects sales, but also that sales are affected positively by an unobserved component that declines in magnitude after 2000.     

MP3技术与美国音乐产业演化

近年来，MP3技术以及互联网技术的普及兴盛对传统音乐产业带来了前所未有的冲击。本文以美国音乐产业为研究对象，运用历史研究与多个案研究等方法，从产业与企业两个层面对信息技术冲击下的音乐产业变革过程做了较为深入地分析，并给出了相应的建议。     

Non-Exclusive Dealing with Retailer Differentiation and Market Penetration

Retailer differentiation exists in most industries and gives manufacturers an incentive to contract with different retailers to penetrate a market. This paper analyzes the impact of this penetration effect on vertical contract exclusivity in an oligopolistic model with differentiated retailers. In the model, manufacturers endogenously choose contract types and negotiate with retailers on wholesale prices. We show that, when the penetration effect is sufficiently strong, non-exclusive contracts lead to higher profits for the manufacturers and retailers. The model is applied to an example with logit demand, which shows that both manufacturers choosing the non-exclusive contracts is a dominant-strategy Nash equilibrium even though they may both be better off under exclusive contracts when the products have high quality or low costs.     

Long-Term Contracts and Asset Specificity Revisited: An Empirical Analysis of Producer–Importer Relations in the Natural Gas Industry

This paper discusses long-term contracts as a particular organizational form situated somewhere between full vertical integration and short-term, market-based trading in the natural gas industry. We focus on the determinants of the duration of contracts under changing technical, economic, and institutional conditions. Using 311 long-term contracts we find that duration decreases as international market structures grow more competitive, and that contracts linked to an asset-specific investment extend, on average, three years longer.