Platform economics and antitrust enforcement: A little knowledge is a dangerous thing

Although the economics of multisided platforms has developed important insights for antitrust policy, there are critical respects in which the body of academic knowledge falls short of providing useful advice to enforcement agencies and the courts. Indeed, there is a substantial risk that recent scholarship will be misapplied to the detriment of sound antitrust policy, as evidenced by the US Supreme Court's recent decision in American Express. In this note, I identify several areas in which economics research could potentially make significant contributions to the practical antitrust treatment of platforms.     

Buyer cartels and private enforcement of antitrust policy

Collusion among buyers leads to social welfare losses, which provide the economic rationale for public enforcement of the antitrust law. This conduct also imposes losses on the victimized sellers, which provide the foundation for private enforcement through private damage actions. In this paper, we present a rigorous economic analysis of buyer cartels. This effort includes both full participation and partial conspiracies. We review the antitrust treatment of collusive monopsony in the United States, the European Union, and Asia, offer a measure of antitrust damages, and examine the necessary precision of the damage estimate. We also suggest that the proper use of modern econometrics should allay judicial concerns with speculation.     

Beyond antitrust populism: Towards robust antitrust

The populist use of competition policies is on the rise again, associated with the growth of big-tech companies in the era of digital platforms. This article sees antitrust populism as a re-emerging force in the United States and Europe via greater politicisation of competition law enforcement. It addresses the basic tenets of antitrust populism in order to expose the fundamental problems that populist use of competition law entails. I argue for a rethink of antitrust policy on the intellectual foundations laid down by what Mark Pennington describes as ‘robust political economy’. We need greater regulatory humility and antitrust enforcement which takes both innovation and welfare seriously.     

反垄断与行业管制的体制冲突与改革路径

中国垄断性行业具有"三重垄断"交织在一起的特点,理顺反垄断机构和行业管制机构之间的职权配置和法律关系就成为关键.反垄断机构和行业管制机构之间的协调运行的核心原则是依法行政和职能分离,反垄断机构与行业管制机构分权合作的多元执法体制是中国反垄断与行业管制混合体制的模式选择,并确立反垄断法的优先适用.     

Monopoly and the problem of the economists

By any measure economists have played increasingly prominent roles in antitrust policy making, at least since the early 1970s. Indeed, the approach to the analysis of public policy toward business pioneered by Chicago school economists dominates the academic literature nowadays. According to the Chicago school's adherents, their insistence that antitrust be examined through the lens of price theory should have produced discernably ‘better’ (read pro-consumer) laws and ‘better’ law enforcement. This paper contends that economists have in fact not had a positive influence on antitrust policy, but have instead actively contributed to its use as a way of subverting competitive market forces.     

职业体育联盟制度安排的反垄断法分析

职业体育联盟起源于西方发达国家,随着市场经济的进一步深入,职业体育联盟的一些制度安排不可避免的受到反垄断法的规制,所以,职业体育联盟制度安排必须考虑反垄断法问题,考虑职业体育联盟生存的制度环境的差异性,尽量规避职业体育联盟的反垄断诉讼。     

Criminalizing price-fixing

We assess whether recent US Department of Justice (DOJ) price-fixing cases exhibit characteristics that are associated theoretically with optimal use of criminal law. We take our welfare standard from seminal work on optimal legal design. Optimal legal design recognizes the private and public elements present in all areas of the law. The mixed results show that the characteristics to be expected in criminal cases are not all present in the DOJ cases. Criminal sanctions applied in these collusive antitrust cases do however show significant responsiveness to some of the variables derived from the economic analysis of criminal law.     

Issue Information

Much research studies US inflation history with a trend‐cycle model with unobserved components, where the trend may be viewed as the Fed's evolving inflation target or long‐horizon expected inflation. We provide a novel way to measure the slowly evolving trend and the cycle (or inflation gap), by combining inflation predictions from the Survey of Professional Forecasters (SPF) with realized inflation. The SPF forecasts may be treated either as rational expectations (RE) or updating according to a sticky information (SI) law of motion. We estimate RE and SI state‐space models with stochastic volatility on samples of consumer price index and gross national product/gross domestic product deflator inflation and the associated SPF inflation predictions using a particle Metropolis–Markov chain Monte Carlo sampler. The trend converges to 2% and its volatility declines over time—two tendencies largely complete by the late 1990s.     

Rationality, Ethnicity And Institutions: A Survey Of Issues And Results

Abstract.  This paper focuses on the relationship between institutions and ethnocentrism as discussed in the rational choice literature. The institutional environment can influence both the formation and the expression of ethnic tastes by rational individuals. Ethnocentrism is likely to be mitigated by, on the one hand, a private sector characterized by a wide and competitive market with effective property right and antitrust law enforcement provided by non-ethnic institutions and, on the other hand, a public sector which is characterized by institutional restrictions on the differential fiscal or regulatory treatment on the basis of ethnicity, a redistributive system based on non-ethnic criteria and finally, the possibility for decentralized collective decision making. These insights may be of particular utility when designing the institutions of potentially divided multi-ethnic states.     

Collusive Networks in Market‐Sharing Agreements in the Presence of an Antitrust Authority

This paper examines how the presence of an antitrust authority (AA) affects market‐sharing agreements made by firms. These agreements prevent firms from entering each other’s markets. The set of agreements defines a collusive network, which is pursued by antitrust authorities. This paper shows that in the absence of an AA, a network is stable if its alliances are large enough, and in the presence of an AA, more competitive structures can be sustained through bilateral agreements. Antitrust laws may have a procompetitive effect, as they give firms in large alliances more incentives to cut their agreements at once.     

Market share and market power in merger and monopolization cases

In light of the growing sophistication of the tools of industrial organization economics and reliance on the federal courts to resolve complicated competitive issues, it may be time for the courts to make greater use of economists in analyzing antitrust cases. While the costs of such an endeavor remain unexplored, we argue below that the benefits may be significant. In particular, we assert that the legal precedent requiring the courts to draw inferences about market power based primarily or exclusively on market shares and/or market concentration¹ can often be misleading. However, the only alternative to such judge-made bright-line rules is to utilize modern economic tools to undertake more extensive competitive analyses. The latter choice is essentially the course that the antitrust enforcement agencies are following. This article explores some of the arguments in favor of such an approach.     

The influence of industry concentration on merger motives—empirical evidence from machinery industry mergers

By linking industrial organization theory and capital market research, we provide empirical evidence that merger motives of firms are influenced by underlying industry concentration. Analyzing wealth effects on target, acquirer and rival firms in the machinery industry, we observe significant different capital market reactions among merger announcements in dependence of underlying industry concentration. suggesting that different takeover motives prevail in fragmented and concentrated industries. In contrast to previous studies, we find besides efficiency motives evidence for monopolistic collusion motives in fragmented industries. Mergers in concentrated industries are primarily motivated to achieve productive efficiency gains. The absence of collusion motives may be an indication for a successful enforcement of antitrust legislation. Our results suggest that the magnitude of the influence of industry concentration in empirical merger motive research may have been previously under-estimated leading to a potential distortion of results.     

A Markov Decision Process approach for balancing intelligence and interdiction operations in city-level drug trafficking enforcement

We study a resource allocation problem in which law enforcement aims to balance intelligence and interdiction decisions to fight against illegal city-level drug trafficking. We propose a Markov Decision Process framework, apply a column generation technique, and develop a heuristic to solve this problem. Our approaches provide insights into how law enforcement should prioritize its actions when there are multiple criminals of different types known to them. We prove that when only one action can be implemented, law enforcement will take action (either target or arrest) on the highest known criminal type to them. Our results demonstrate that: (i) it may be valuable to diversify the action taken on the same criminal type when more than one action can be implemented; (ii) the marginal improvement in terms of the value of the criminals interdicted per unit time by increasing available resources decreases as resource level increases; and (iii) there are losses that arise from not holistically planning the actions of all available resources across distinct operations against drug trafficking networks.     

Econom(etr)ics of crime and litigation

Economists approach the behaviour of potential criminals, litigants and law enforcement agencies in terms of rational choice: the actors choose the best alternatives in terms of costs and benefits within the choices open to them. The prime focus of economists is on the general factors in society affecting the crime and litigation level and on the interaction between the crime and litigation level and the legal system. In doing so they have to study the interaction between the micro level of individual decision making and the macro level of the law enforcement system reacting on these decisions. Data are often only available at aggregate (macro) level. Econometric studies at the macro level, especially time series, have the problem that many effects have to be estimated from a limited number of data. Various types of studies and some empirical results regarding crime, litigation and the workload of judicial services are discussed.     

Tying in two-sided markets with heterogeneous advertising revenues and negative pricing

We offer a theory of anticompetitive tying in two-sided markets when below-cost or negative pricing is possible. With the coexistence of two consumer groups (one regarding tying and tied goods as complementary and the other as independent), a tying-good monopolist may face difficulties in extracting rent under separate sales and wish to use tying to directly capture the large advertising revenue created in the complementary segment. We uncover two distinct mechanisms by which tying raises monopoly profits but reduces social welfare. Our theory of tying can be applied to real-world antitrust law enforcement, such as the Google Android case.     

基于Web模式的税收执法考核信息系统的设计与实现

本文基于某省地方税收"大集中"信息化工程课题,基于Web模式的关键技术与应用研究,从某省税收执法考核的实际出发,深入研究了执法考核系统中的数据资源和应用资源,以及与新一代综合征管信息系统的整合与协作问题,并在此基础上具体研究了税收执法考核信息系统的设计与实现。     

INCOME PERSISTENCE AND MACRO-POLICY FEEDBACKS IN THE US*

This paper analyses and forecasts annual time series of aggregate real income per head in the US. The approach integrates elements from recent univariate time series analyses with multi-equation macromodels in which policy feedback rules have been endogenized. The main conclusions are as follows. Firstly, aggregate real per capita income is subject to significant trend reversion. This conclusion comes through more clearly by examining the data at an annual rather than the more usual quarterly frequency and by incorporating multivariate economic content in the income process. Secondly, there is significant evidence for the Lucas (1976) or Haavelmo (1944) critique: in the US there appears to have been a shift in the structural macropolicy reaction function causing a corresponding shift in the reduced form income forecasting equation. This is associated with increased concern in the late 1980's over the size of US budget deficits. Thirdly, with the above proviso, useful real income forecasts can be made as far as three years ahead. Finally, the paper provides empirical evidence for the effectiveness of monetary policy on real output or income. The change in the short-term interest rate is highly significant in forecasting income growth up to three years after the change.     

Earnings Management in Domestic and Foreign IPOs in the United States: Do Home Country Institutions Matter?

Using a large sample of domestic and foreign IPOs in the US, we investigate how threats of enforcement by the Securities and Exchange Commission (SEC) and private litigation influence earnings management in IPO prospectuses. We propose that perceptions of foreign institutions may influence SEC enforcement action and private litigation. We provide evidence that enforcement and litigation threats are negatively related to the strength of legal institutions in the foreign IPO’s country of origin. We find earnings management is more pronounced in foreign IPOs from countries with strong legal institutions. We further explore whether earnings management is priced in the IPO market and find no relation between IPO proceeds and earnings management. Our results are consistent with upward earnings management as in Stein (1989), the magnitude of which is reduced when the anticipated cost of enforcement and litigation is higher. Collectively, our results cast doubt on the validity of the bonding hypothesis.     

Judges' Attitudes toward the Public Accounting Profession

Abstract

This paper presents the results of two related studies. In Study One we examine US judges' attitudes toward the public accounting profession and the extent to which those attitudes have changed over three distinct periods of time: (a) early in the decade of the 1990s, (b) late in the decade of the 1990s, but before the Enron and subsequent corporate debacles, and (c) three years after the Enron debacle. We anticipate that attitudes of judges toward the public accounting profession will be relatively stable over time, but nonetheless subject to change if given a substantial stimulus. In Study Two we compare the most current judges' attitudes with those of law students, MBA students and auditors. In total, we find that judges' attitudes are significantly (1) more negative towards the profession in the most recent survey, (2) equivalent to attitudes exhibited by law students and MBA students, and (3) divergent from attitudes of practicing auditors. Conclusions and future research are also discussed.     

Similarities and differences in international and comparative human resource management: A review of 60 years of research

In this article, we review similarities and differences in articles in the research field of international and comparative human resource management (HRM), published in Human Resource Management over the past 60 years. The extensive review and analysis, based on 189 conceptual articles, reviews, and empirical studies, identified several trends. First, the two distinct research streams in this research field (HRM in MNEs and comparative HRM) have grown over the decades and moved from conceptual articles in the beginning to almost exclusively empirical studies in more recent years. Second, in addition to the two research streams, in more recent years we identified a third research stream that combines elements of HRM in MNEs and comparative HRM research. Third, the research field has become more feminized, with an increasing number of female (first) authors, and has become more international, with more authors affiliated with non‐US universities in the more recent time periods. Finally, while the research streams show some differences in the content of their research, we do not find evidence that the streams developed in isolation. Based on our analysis, we provide suggestions for future research on international and comparative HRM and identify current implications for HR practitioners.