Market Power in US Broadband Services

The US residential broadband market is commonly characterized as a duopoly consisting of telephone carriers (digital subscriber lines) and cable TV operators (cable modems). The implication is drawn that market power obtains; this, in turn, drives recommendations for new competition policy remedies. Yet, market power cannot be directly deduced from market shares or price-cost margins. We develop an economic analysis that examines both static and dynamic factors in considering market power, finding that fixed broadband providers do not appear to generate supra-competitive returns. Public policies to regulate broadband providers should be informed by these marketplace conditions.     

Bagging bundle benefits in broadband and media mergers: Lessons from Sky/Vodafone for antitrust analysis

The historic precedents in telecommunications antitrust findings have tended towards finding harm to competition when network operators integrate downstream and bundle the provision of applications and services. The reason for this is that market power in network provision is thought to be extended into the applications market(s). More recently however, proposed mergers have been between telecommunications and media distribution firms, both of whom have some degree of market power, already sell their own services in bundles, and who may or may not have been offering combined bundles already via contractual agreements. Examples include Sky/Vodafone in New Zealand, and Time Warner/AT&T in the United States as well as Vodafone/Unitymedia in Germany and Media Capital/Altice in Portugal. These complex proposed arrangements pose challenges to competition authorities, whose legal and procedural rules and precedents, especially those defining the relevant markets affected by the merger or vertical integration activity, have been developed from the analysis of simpler cases. These precedents may not be sufficient to analyse current cases, characterized by multiple products catering to heterogeneous consumer preferences, and consumers are not constrained to buying only one variant of the products in each of the upstream and downstream markets.We illustrate the challenges by way of a case study of the proposed merger between Sky and Vodafone, declined by the New Zealand Commerce Commission in February 2017. Limitations in existing market definition processes and the evaluation of market power where bundling already occurs risk overlooking complex demand-side interactions that influence the profitability and efficiency of various structural and contractual strategic choices. We propose that classic merger and antitrust analysis based on econometric cost-benefit analysis can be augmented by using simulation and numerical analysis of a range of bundle offers expected to be relevant in decision-making. We develop a simple model and use it to illustrate how it may be used to inform broadband and content mergers, and other complex antitrust cases, such the assessment of the effects of two-sided markets and firm pricing decisions.     

Transaction costs and competition policy

This paper evaluates current antitrust policy in light of our current understanding of how transaction costs influence the ability of firms and consumers to deal with market power. The paper shows how the failure to consider transaction costs can lead to erroneous policy decisions. Many models employed today make simplifying assumptions about transaction costs that can lead to biased results in analyzing vertical and horizontal issues. The increased ability to monitor the effect of promotional behavior should cause us to reexamine whether free riding justifications, previously accepted as justifications for various vertical restrictions, still hold. Nash bargaining and Nash-in-Nash models raise concerns about the simplified assumptions assumed in which supposedly high transaction costs restrict the choice and form of the assumed competitive alternatives. The increasing importance of two-sided markets together with an understanding of transaction costs is needed to understand antitrust conduct in those markets. The recent Amex case is likely to lead to confused litigation in these types of markets. Finally, the establishment of property rights for a consumer to his or her data could fail to remedy antitrust concerns that certain dominant firms are immune to competition because consumers do not own their data unless that property right is limited so that consumers cannot exclusively sell their data to one firm.     

Evaluating the impact of divestitures on competition: Evidence from Alberta’s wholesale electricity market

Asset divestitures play a central role in antitrust and competition policy. Despite their importance, empirical evidence on their impacts on market competition is limited. We analyze market power in Alberta’s wholesale electricity market, where transitional arrangements that virtually divested generation assets from large incumbents were put in place during market restructuring in the early 2000’s and expired at the end of 2020. Subsequently, average peak hour prices rose by 120% the year after their expiry. We demonstrate that nearly two-thirds of this increase can be explained by elevated market power from the large suppliers. Further, exploiting variation in the allocation of the divested assets across heterogeneous firms, we demonstrate that market power execution is elevated when the divested assets are controlled by large strategic firms. Our findings highlight the important role that asset divestitures and their allocations can have on market competition. Our analysis also raises concerns over the ability of restructured electricity markets to facilitate sufficient competition through entry and the potential need for regulatory intervention.     

Restraints of trade by durable good producers

Whether they face competition or not, durable good producers may have an incentive to impose vertical restraints on their customers in order to protect quasi-rents in the aftermarkets for maintenance and repair. In this paper, we show that these vertical restraints have little to do with the usual antitrust concerns regarding tying arrangements. Nonetheless, imposing such restraints involves antitrust risks. We examine these risks and the associated antitrust policy questions in light of the Supreme Court's recent Kodak decision. We also offer some suggestions for the appropriate antitrust policy.     

Antitrust and regulation: Forestalling competition in the telecommunications terminal equipment market

This article examines how AT&T responded to competition in the terminal equipment market by requiring a telephone company provided connecting arrangement. We test the hypotheses of whether connecting arrangements were used to protect the integrity of the system or to forestall competition. Through analysis of various antitrust cases, we conclude that AT&T attempted to monopolize the market through the connecting arrangement requirement. This conclusion is important because it suggests that a regulated firm has the ability to use its market power to thwart competition in non-regulated markets.     

结构重组、规制滞后与纵向圈定——中国电信、联通“反垄断”案例的若干思考

以反垄断机构对中国电信和中国联通两家公司,在互联网骨干网接入环节"接入歧视行为"的反垄断调查为线索,本文的经验研究发现,2007年中国电信产业重组后所形成的不对称寡头垄断结构,使部分一体化运营商在接入和互联环节获得了一定的垄断势力,可以通过接入的价格或质量歧视,对上下游的竞争者产生一定的圈定效应。这种行为由于获得了行业规制者的许可,也限制了《反垄断法》发挥作用的范围和效力。     

Net neutrality and market power: The case of South Africa

Net neutrality rules have been implemented in many developed countries, often in response to concerns over network operator market power and potential blocking or throttling of content. However, developing countries typically have significantly lower levels of internet penetration and usage. Market power in respect of internet access looks quite different given that mobile is the predominant means of connection and there are often three or more mobile operators. In South Africa, there is a quasi-monopoly in the paid satellite broadcasting market and broadband providers zero-rating content from third parties (such as Netflix) may bring about more competition. We test the main theories of harm arising in the net neutrality debate, including network operator market power and exclusion among content providers using data on the number of announced prefixes and peers and IP addresses and considering examples of bundling and zero-rating conduct by operators. We find that net neutrality rules are less likely to be required in South Africa and other developing countries and that strict enforcement of such rules could in fact hinder competition in markets for content, telecommunications networks and other related markets.     

Vertical restraints in the Australian Trade Practices Act

Vertical restraints are singled out for detailed legislative treatment in the AustralianTrade Practices Act. Resale price maintenance and third-line forcing (tying another firm's products) are illegal per se while price discrimination and non-price vertical restraints (apart from third-line forcing) are subject to a competition test. Most vertical restraints may be either authorised by the Trade Practices Commission or given statutory exemption from the Act under a notification procedure unique to vertical restraints. The ability to seek an authorisation or to notify the Commission about a vertical practice has meant that the economic issues in this area have been dealt with mainly in administrative processes outside the courts. While issues of economic efficiency have been important, the main objective of the Commission has been to benefit consumers by promoting competition as a process. This paper briefly overviews what is probably the most complex area of antitrust in Australia yet, which has received negligible academic comment.     

Policy Implications of the Effects of Concentration and Multimarket Contact in China’s Airline Market

Unlike many other mergers in developed countries, which might have been assessed and their effects estimated by antitrust authorities before being granted antitrust immunity, the airline mergers that swept China’s airline industry in 2002 occurred with no antitrust challenge. These mergers provide the opportunity to study important market power issues in China’s airline markets. Given that increased concentration and multimarket contact are the main legacies of an airline merger, the effects of mergers on these variables can raise the potential for the exercise of market power. However, an examination of the period 2002–2004 during which the Chinese airline mergers occurred shows that the resulting increased concentration and enhanced multimarket contact did not have important consequences for airfares in Chinese city-pair markets. The presence of Hainan Airlines appears to have played an important role in suppressing the airfares charged by China Eastern and China Southern.     

Convergence and regulation of multi-screen television: The Singapore experience

This article addresses complicated convergent and regulatory issues arising from cross-platform audiovisual services and analyzes Singapore's multi-screen television experience. A “platform neutrality” multi-screen TV regulatory scheme is proposed to concentrate on content classification in order to respond to the fast-changing audiovisual industry and competition. Under the scheme, different content and license regulations are applied to four types of TV-like services which are categorized by “socio-cultural impact” (i.e., broadcasting and mass market vs. VOD and niche market)” and “content production/aggregation model” (i.e., gatekeeping vs. participatory mechanism). In addition, competition, content regulation, and digital copyright are identified as key issues involved in the fast-growing cross-platform audiovisual media industry. Finally, this study analyzes market development, regulatory issues, and national plans for multi-screen TV services in Singapore and examines them under the proposed regulatory scheme. Market and policy recommendations are discussed.     

美国现行反垄断法对软件产业的适用性探析--以搭售和掠夺性定价为例

本文对软件产业的搭售与掠夺性定价行为进行了法律和经济分析。在美国现行的反垄断法体系中，这是属于典型的滥用市场势力的两种行为。但在软件产业却不能凭借传统标准简单地把这两种行为归结为垄断行为，而应从产业本身的特点和竞争环境出发谨慎对待。如一味运用美国现行的反垄断法惩罚软件产业正当的竞争行为，只会从更大程度上抑制竞争，损害消费者福利。在网络经济条件下，反垄断法应该顺应经济和技术的     

Cloud TV: Toward the next generation of network policy debates

We are entering the 4th generation of TV, based on the online transmission of video. This article explores the emerging media system, its policy issues, and a way to resolve them. It analyzes the beginning of a new version of the traditional telecom interconnection problem. The TV system will be diverse in the provision of technology, standards, devices, and content elements. For reasons of interoperation, financial settlements, etc., this diversity will be held together by intermediaries that are today called cloud providers, and through whom much of media content will flow. Based on their fundamental economic characteristics, the cloud operators will form a concentrated market structure. To protect pluralism and competition among clouds and of providers of specialized elements requires the protection of interoperation. This can be accomplished by a basic rule: by the principle of an a la carte offering of service elements.     

An antitrust analysis of non-profit hospital mergers

This paper considers such issues involved in non-profit hospital mergers as relevant product and geographic markets and the impacts of mergers on competition. The roles of non-price competition, entry barriers, and merger-generated efficiencies are considered. Close attention is given to the relevance of the Justice Department Merger guideline to the hospital industry. Through detailed examination of four litigated or challenged cases, the geographic market is shown to depend upon particular medical services. Outpatient services are found to comprise a separate market from inpatient hospital services, and non-profit status is determined to warrant the usual antitrust merger treatment.     

The Effect of EU Antitrust Investigations and Fines on a Firm's Valuation

EU antitrust investigations involve a sequence of events which affect the investigated firm's market value. We model these relationships and estimate their impact on firms' share prices. On average, a surprise inspection reduces a firm's share price by 2.89%, an infringement decision reduces it by 3.57%. The Court judgments do not have a statistically significant effect. Overall, we find that the total effect of the antitrust action ranges from ?3.03% to ?4.55% of a firm's market value. Fines account for no more than 8.9% of this loss, and we conjecture that most of the loss is due to the cessation of illegal activities.     

The New Competition Law in Thailand: Lessons for Institution Building

The new competition law in Thailand, which replaces the totally ineffective 1979 anti-monopoly law, aims to enhance the competitive process by improving the enforcement mechanism. Unfortunately, the Trade Competition Commission's rulings on the first two complaints about allegedly illegal conduct by two large companies with obvious market power were disappointing. Although political pressure was a significant factor affecting the decisions, this paper argues that there were also other important issues. The complex legal, business, and economic problems in both cases, the weakness of the competition law, poor institutional design, inadequate resources and lack of experience among the officials involved have all contributed to the unfortunate decisions, and will certainly affect the performance of competition law enforcement in the future.     

Inter-firm price coordination in a two-sided market

In many two-sided markets we observe that there is a common distributor on one side of the market. One example is the TV industry, where TV channels choose advertising prices to maximize own profit and typically delegate determination of viewer prices to independent distributors. We show that in such a market structure the stronger the competition between the TV channels, the greater will joint profits in the TV industry be. We also show that joint profits may be higher if the wholesale contract between each TV channel and the distributor consists of a simple fixed fee rather than a two-part tariff.     

The 1984 justice department guidelines toward horizontal mergers

This paper examines the treatment of economic efficiency in the 1984 revision of the Department of Justice's antitrust Merger Guidelines. An overview of the evolution of the guidelines toward horizontal mergers is presented emphasizing three key areas where changes have occurred. A model is developed following O. Williamson framework is extended to link changes in market concentration (as measured by the Herfindahl-Hirschman Index) that result from a horizontal merger to changes in market power (as measured by price-cost margins). Finally, the cost reductions (economies) required to offset increases in market power are developed in a simulation model. The paper concludes with an application of the model to the LTV-Republic Steel merger.