Contracts Versus Price Discrimination: Evidence From the SONJ Case

A feature of the Standard Oil antitrust case is that much of the case revolves around Standard’s selling lubricating oils to railroads. This paper explores the government’s theory that Standard’s rebates to the Pennsylvania RR represented price discrimination. Standard’s defense was an assertion that the lubrication contracts were relational contracts involving a service and that the behavior which the government labeled discriminatory represented persistent inefficient behavior on the part of the Pennsylvania system. Data from the trial and other sources are used to attempt to determine if the evidence presented at trial favors price discrimination or Standard’s inefficiency defense. This is done using data envelopment analysis to determine the inefficiency the Pennsylvania RR. However, in the end, most aspects of the case must be considered “not proven.”     

Sacrifice tests for predation in a dynamic pricing model: Ordover and Willig (1981) and Cabral and Riordan (1997) meet Ericson and Pakes (1995)

To detect the presence of predatory pricing, antitrust authorities and courts routinely ask whether a firm sacrifices current profit in exchange for the expectation of higher future profit following the exit of its rival. Because predatory pricing is an inherently dynamic phenomenon, we show in this paper how to construct sacrifice tests for predatory pricing in a modern industry-dynamics framework along the lines of Ericson and Pakes (1995). In particular, we adapt the definitions of predation due to Ordover and Willig (1981) and Cabral and Riordan (1997) to this setting and construct the corresponding sacrifice tests.     

Economics at the FTC: Data Intensive Mergers and Policy R&D

Economics at the Federal Trade Commission (FTC) supports both the competition and consumer protection missions of the agency. In this year’s essay we discuss a range of activities focusing on data-intensive antitrust cases in the hospital and consumer products industries. We also discuss our most recent work on gasoline pricing. Policy-focused research and competition advocacy takes center stage as we discuss some health care advocacy work in the administration of pharmaceutical insurance benefits and efforts to understand the real estate business more completely. Finally, we describe our efforts to quantify the extent of “identity theft”.     

Industry Characteristics and Anti-Competitive Behavior: Evidence from the European Commission’s Decisions

We analyze all the European Commission’s decisions on antitrust cases between 1999 and 2004 using a unique dataset that also contains information on all the cases that were filed for the Commission’s consideration but were never pursued. This data allow us to determine whether there is any type of bias in the selection process followed by the Commission when deciding which cases to pursue until a final decision is reached. We find that the selection of cases is not random and that it is quite efficient but not very significant. We also find that the economic literature criteria are important for the Commission’s decisions.     

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     

Of Rebates and Drawbacks: The Standard Oil (N.J.) Company and the Railroads

Standard Oil formed the South Improvement Company in the fall of 1871, supposedly to negotiate “secret” discounts on published railroad tariffs and place independent refiners at a transportation cost disadvantage. We argue that discriminatory railway rates were common both before and after Standard Oil’s founding in 1870, played little or no part in its rise to prominence and were not necessarily even illegal. Rebates and drawbacks were in fact ways of sharing the efficiency gains that flowed from the dependable high-volume rail traffic Rockefeller was able to guarantee as well as from other investments that he undertook that lowered the railroads’ costs.     

Does Antitrust Enforcement in High Tech Markets Benefit Consumers? Stock Price Evidence from FTC v. Intel

Antitrust enforcement efforts in the United States and abroad have been ramped up in high-tech industries, which has rekindled older and largely unresolved debates concerning the appropriate role of antitrust enforcement in high-tech markets. This paper evaluates the likely competitive effects of Intel’s conduct through two approaches: The conventional approach focuses on traditional antitrust metrics in product markets: prices and output. The second, alternative approach involves turning to financial markets for valuable information. Under either approach, the available data do not support the theory that Intel’s behavior harmed consumers.     

“High-Tech” Antitrust: Incoherent,Misguided, Obsolete,or None of the Above? Comments on Crandall-Jackson and Wright

That prominent antitrust cases have been in the “high-tech” arena is not surprising, since high-tech industries are often susceptible to the scale economies that lead to highly concentrated or monopoly markets. Crandall and Jackson’s observations on the IBM case are on point. Regarding AT&T, the salient observation is that recent changes in legal doctrine may make it impossible to bring antitrust cases in regulated industries. The problem with the Microsoft case was not that it was right or wrong, but that it was fundamentally incoherent. Wright’s critique of the Federal Trade Commission’s case against Intel is problematic because buyers in exclusion cases tend to be better off, not victims as they would be under collusion or anticompetitive mergers. As these observations apply more generally to cases in sectors that are not associated with high-tech, I offer a few thoughts on some antitrust issues that are particular to high-tech sectors, specifically how the prospect of innovation could affect market definition in merger cases and, more broadly, whether dynamic efficiencies reduce the need for antitrust enforcement.     

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.     

Economics at the FTC: Mergers,Dominant-Firm Conduct,and Consumer Behavior

Economists at the Federal Trade Commission (FTC) pursue the agency’s competition and consumer protection missions. In this year’s essay, in antitrust, we discuss the new Merger Guidelines, three exclusion cases, and R&D issues in the Thoratec/HeartWare merger and the Google/AdMob merger. In consumer protection, we discuss the FTC’s new rule on debt settlement, our efforts to improve disclosures, and our recent work on appliance energy disclosures.     

The Price Effects of Using Firewalls as an Antitrust Remedy

Antitrust authorities have imposed firewalls between the previously separate divisions of newly vertically integrated firms in several industries, to address concerns that access to horizontal rivals’ proprietary information may reduce competition. This paper evaluates a specific antitrust concern by modeling the price effect of one seller’s learning its rival’s production costs before bidding in a duopoly procurement contest. The results show that imposing a firewall as a condition for permitting a vertical merger actually can lead to higher prices than if the flow of information were unimpeded, and they provide guidance as to when this unintended outcome occurs.     

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.     

Market Diversion and Market Power: California Eggs

Allegations of price-fixing by US egg producers maintain that the industry’s strategic use of export programs softens competition in the domestic market. This study provides an empirical investigation into these allegations using retail market data from a specific California retail market. Our findings suggest that the antitrust complaints have economic merit, but the deviations from competitive behavior are small.     

Risk Sharing,the Cost of Equity and the Optimal Capital Structure of the Regulated Firm

This paper considers the relationship between the regulator’s pricing decision and the allocation of risk between consumers and shareholders. Consumers are willing to trade-off price variations against a lower expected price. Prices are higher in adverse economic conditions, but shareholder returns are not necessarily lower. It might be optimal to insure shareholders against market risk, so that consumers could thereby achieve a lower expected price. The allocation of risk between consumers and shareholders depends on the capital structure of the regulated firm, and a very special set of conditions must apply for the social optimum to be 100% debt finance with the firm operating on a ‘not-for-profit’ basis.      

Economics at the FTC: Hospital Mergers,Authorized Generic Drugs,and Consumer Credit Markets

Economists at the Federal Trade Commission pursue the agency’s competition and consumer protection missions. In this year’s essay, in antitrust, we discuss various aspects of our hospital merger analyses as well as the effects of authorized generic drugs on consumers and competition. In consumer protection, we describe two ongoing studies on the use of credit-based insurance scores to price homeowners insurance, and the accuracy of consumers’ credit reports that are provided by credit bureaus.     

The Year 2005 at DG Competition: The Trend towards a More Effects-Based Approach

This first review of the European Commission’s Directorate General for Competition (DG COMP) gives an overview on DG COMP’s mandate and the main developments of 2005. The discussion includes institutional and policy developments, as well as the main competition policy decisions and Court judgments in the merger, antitrust, and state aid areas. It is argued that the trend towards a more effects-based analysis in EU competition policy had an impact on the assessment of competition cases, as well as on the development of soft law. For example, the effects-based approach was put high on the agenda with the publication of the Article 82 discussion paper. Similarly, the publication of the State Aids Action Plan (SAAP) launched a “more economic approach” in European state aid assessment. In line with its objective to focus resources on key sectors, two major inquiries were launched in the energy and financial sectors.The views expressed in this article are solely those of the authors and do not in any way represent an official position of the European Commission. Until 1 September 2006, Lars-Hendrik Roeller was the Chief Economist at DG Competition. He is now the President of the European School of Management and Technology (ESMT) in Berlin and a Professor at Humboldt University.     

Economics at the FTC: Pharmaceutical Patent Dispute Settlements and Behavioral Economics

Economics at the Federal Trade Commission (FTC) supports both the competition and consumer protection missions of the agency. In this year’s essay we discuss two issues, one from each of the agency’s missions. First, we focus on intellectual property issues in pharmaceuticals. Specifically, we discuss the principal rationale for antitrust concerns about certain patent dispute settlements in the ethical drug industry. Then, we discuss consumer economics, our recent behavioral economics conference, and how behavioral economics influences our thinking about consumer policy.     

Online RPM and MFN Under Antitrust Law and Economics

The legal framing of a firm’s pricing strategy can determine whether it constitutes online resale price maintenance (RPM) or online most favored nation (MFN). Together, cases that involve online RPM and MFN can be viewed as a natural experiment of how antitrust economics and law may adapt to an online world. Thus far, legal theories that have been inconsistent with economic theories have dictated enforcement across jurisdictions, which has led to confusion that thwarts potentially efficient business practices. This paper distinguishes issues of online RPM from traditional RPM and online RPM from online MFN. We apply the economics learning to RPM and analyze the antitrust cases of online RPM and MFN to date in the United States, Europe, and Australia. Finally, we offer policy recommendations that reduce the confusion in current legal doctrine.     

Strategic and deterrent pricing responses to antitrust investigations

This paper examines the issue of the effects of antitrust on pricing through two empirical studies. The first analyzes time series of prices in five industries involved in antitrust cases to determine whether the various stages of the antitrust process influenced pricing behavior. Some evidence of a ‘deterrent’ effect is found, with real prices lower than their pre-investigation level following the conclusion of the case; a major part of the pricing reaction occurs prior to the filing of formal charges. The second study provides additional evidence of the existence of such a ‘strategic’ reaction to the onset of investigation through an examination of prices in 23 industries investigated but not charged with price fixing.