BUILDING AN EFFECTIVE TRADE PRACTICES COMMISSION: THE ROLE OF PROFESSOR ROBERT BAXT, AO

Bob Baxt, the third chairman of the Trade Practices Commission, served for a single three-year term from 1988 to 1991. He followed Bob McComas, who had deliberately adopted a non-litigious approach to preserving the competitive process. Baxt was far more proactive and sought to push the frontiers of investigation and precedent, and perhaps, more significantly, to influence opinion about the need to expand the coverage of the Trade Practices Act. This article examines Baxt's role in teaching his interdisciplinary Trade Practices Workshops, the political context of his tenure, and his handling of the Queensland Wire case.     

THE INTRODUCTION OF COMPETITION POLICY IN AUSTRALIA: THE ROLE OF RON BANNERMAN

The 1965 legislation to curb restrictive trade practices has been widely regarded as weak. By contrast, the Trade Practices Act 1974 (Cth) has been considered as providing the platform for a more comprehensive competition policy. This paper argues that the 1965–67 and 1971 Acts were more effective than has been commonly recognised in raising awareness about the extent of restrictive trade practices, discrediting price agreements and laying the foundations for the 1974 Act. The role of Ron Bannerman, the sole Commissioner of Trade Practices, was critical to their success. This paper uses parliamentary debates, Bannerman's published works and an interview with him undertaken in early 2005.     

WHEN DO VERTICAL RESTRAINTS HARM COMPETITION? THE ECONOMICS‐BASED APPROACH AND ITS APPLICATION IN THE BATSA CASE

An “effects‐based” or “economics‐based” approach to competition policy requires a theory of harm that causally links a business practice and its allegedly anti‐competitive effects and also weighs anti competitive effects against the pro‐competitive effects of the practice. This implies a shift away from per se prohibitions of certain practices towards case‐by‐case analysis – a move that has been hotly debated, especially in Europe. Using a case study of the recently concluded British American Tobacco case, we study the core features of an effects‐based approach to vertical restraints. We find the approach followed in the British American Tobacco South Africa case generally consistent with an effects‐based analysis, but highlight some limitations.     

Profit Leak? Pre‐Release File Sharing and the Music Industry

Using data from an exclusive file‐sharing Web site that allows users to share music files using the BitTorrent protocol, I exploit exogenous variation in the availability of sound recordings in file‐sharing networks to isolate the causal effect of file sharing of an album on its sales. Using within‐album variation in illegal downloads and sales, I find that the effect is essentially zero: The elasticity of sales with respect to illegal downloads is one‐tenth of one percentage point. However, the finding that file sharing is not harmful to individual artists is not inconsistent with the well‐documented fact that file sharing is harmful to the music industry (the fallacy of composition). More important, I find that file sharing benefits more established and popular artists who are signed to major labels, which is consistent with recent industry trends.     

STRUCTURE, CONDUCT AND PERFORMANCE ANALYSIS OF THE SOUTH AFRICAN AUTO INSURANCE MARKET: 1980-2000

The traditional structure-conduct-performance framework makes the explicit prediction that market structure determines market conduct, performance and power. The primary goal of this study is to evaluate this prediction using the South African (SA) short-term auto insurance market. The empirical evidence shows that a link between market structure and market conduct, performance and/or power is not present. Prices and profits are not statistically significantly related to various sellers' concentration measure and do not follow any explicit trend over time. By construction, profits are directly related to prices and follow a cyclical trend, as observed in other countries. A secondary goal of this paper is to compare the findings for the US auto insurance market with the empirical evidence on the SA auto insurance market. While there are few similarities, there is an underwriting cycle in the SA auto insurance market such as is observed for the US auto insurance market.     

STATIONARITY TESTS IN GEOGRAPHIC MARKETS: AN APPLICATION TO SOUTH AFRICAN MILK MARKETS

The paper focuses on the delineation of geographic markets in competition analysis, investigating the use of tests of price co‐movement in the market definition exercise. To this end, the first part is devoted to a conceptual framework for market definition (adopted from Haldrup (2003 )). Thereafter, a variety of price tests are explored that can be applied within the quantitative part of the framework. Similar to Forni (2004 ), the paper emphasizes the use of stationarity tests (that is, tests for the existence of unit roots) – illustrating their application to a recent competition investigation in South Africa.     

What Are SEC Football Tickets Worth? Evidence from Secondary Market Transactions

Tickets to sporting events are highly differentiated—seat location, date and time of the game, and home‐team and opponent qualities make each ticket unique. Preferences also differ nontrivially across fans, all of which make the supplier's pricing problem complex. We examine strategies employed by Southeastern Conference (SEC) universities in pricing their football tickets and evaluate their effectiveness in extracting surplus from fans. We use hedonic analysis of data collected from online secondary market transactions to construct a synthetic season ticket, which we compare to prices actually charged by university athletic departments. We also compare quality premiums charged by universities for better seats with market evaluations of those quality differences.