E - m a r ke t p l a c e s : n ew c h a l l e n g e s f or e n t e r pr i s e policy, competition and standar disation Br us s el s , 23- 24 Apr i l 2001 W or ks hop R epor t R ap p o rteu r: R u ss N ath an C h a irma n T o ta l-R o mte c R e s e a rc h russn@total-romtec.com E-marketplaces: new challenges for enterprise policy, competition and standardisation 23-24 April 2001 Table of contents 1. Introduction .............................................................................................1 2. Development of e-marketplaces.........................................................2 2.1 2.2 Origins and role of e-marketplaces........................................................2 E-marketplace types.................................................................................3 3. E-marketplaces operator’s perspective ...........................................5 3.1 3.2 3.3 3.4 Business model ........................................................................................5 Operating benefits ....................................................................................5 Sector penetration....................................................................................7 Sector examples of e-Marketplaces.......................................................8 4. E-marketplace from the users’ perspective ................................. 10 4.1 4.2 4.3 4.4 Users are buyers and sellers ................................................................10 How do buyers view e-marketplaces? .................................................11 How do the sellers view e-marketplaces? ...........................................12 When the users are SMEs......................................................................12 5. Growth and prospects for e-marketplaces................................... 14 5.1 5.2 Growth in e-marketplaces: 2000-2002..................................................14 Consolidation is already occurring ......................................................14 6. The issues............................................................................................. 16 6.1 6.2 6.3 MyAircraft.com........................................................................................16 Volbroker.com.........................................................................................17 So, what are the issues?........................................................................18 6.3.1 6.3.2 6.3.3 6.3.4 6.3.5 6.3.6 6.3.7 Benefits....................................................................................................... 18 Market definition .......................................................................................... 18 Market dominance ....................................................................................... 19 Exchange of information............................................................................... 19 Joint purchasing/joint selling ......................................................................... 19 Discrimination/foreclosure/collusion............................................................... 20 Standardisation............................................................................................ 20 7. Competition: Problems and possible solutions ......................... 22 7.1 7.2 7.3 Is there a problem? .................................................................................22 The information dilemma .......................................................................23 Conclusions.............................................................................................23 8. Standards – What needs to be standardised and by whom? . 24 8.1 8.2 8.3 8.4 Enablement of interoperability..............................................................24 Protection of users’ interests................................................................25 The standardisation process.................................................................25 Organisation of the standards process ...............................................26 9. Key messages and next steps......................................................... 28 E-marketplaces: new challenges for enterprise policy, competition and standardisation 1. 23-24 April 2001 Introduction E-marketplaces are considered as one of the most important features of business-to-business (B2B) electronic commerce and are expected to be a source of substantial efficiencies. So the new challenge for policy makers is to ensure that numerous e-marketplaces can be developed in Europe. This will give another boost to the internal market, with even more choice, transparency and competition. But whereas the internal market was mainly completed by legal harmonisation and mutual recognition of national laws, e-marketplaces will be shaped mainly by the market, by business services, standards and new rules of the game. DG Enterprise organised on the 23 and 24 April 2001 the Workshop “E-marketplaces: new challenges for enterprise policy, competition and standardisation“. The event had two objectives: - To discuss the future agenda for enterprise policy in response to the new challenges posed by emarketplaces. The keywords here are “openness” and “interoperability”. This can be best ensured by open standards. But also by the strict application of competition rules - and by actions to help SMEs to be part of the new e-marketplaces. - To help the Commission to better understand the policy requirements associated with the establishment of e-marketplaces, in particular with respect to standardisation. Clearly, standards are voluntary and market-driven. But enterprise policy may help to establish open platforms for consensus-building, thus accelerating the creation of efficient e-marketplaces in Europe. This report summarises the findings of the Workshop and is intended to serve as an input to the policy debate in this field. The views it expresses are those of the rapporteur and not necessarily of the Commission, and reflect the valuable inputs that were provided during its preparation. Despite the numerous written and slide presentations made at the different sessions, this report makes no reference to specific interventions, with the exception of the opening speech of the Commissioner Liikanen. All documentation, including the slide summaries of presentations, can be found at: http://europa.eu.int/comm/enterprise/ict/e-marketplace_programme.htm . Follow-up actions to support the active participation of SMEs in e-marketplaces will be explored and, if 1 needed, implemented in the framework of the GoDigital initiative . Furthermore, further support to 2 standardisation actions under the umbrella of the eEurope Standardisation Action Plan , as launched by the European standardisation organisations, will be considered with the view to promoting open and neutral platforms for electronic exchanges. 1 http://europa.eu.int/ISPO/ecommerce/godigital 2 http://www.etsi.org/eeurope/eeurope.htm 1 E-marketplaces: new challenges for enterprise policy, competition and standardisation 2. Development of e-marketplaces 2.1 Origins and role of e-marketplaces 23-24 April 2001 E-marketplaces are one of the most significant developments of the Internet age to date. In broad terms, an e-marketplace is a website at which multiple suppliers and multiple buyers can undertake business transactions via the Internet. The origins of e-marketplaces in Europe date back to 1996, when British Telecom became one of the first organisations to establish a Private Digital Exchange (PDE) known as BT Trading Places. However, it was soon recognised to be too early on in the evolution of e-business for the e-marketplace concept to work successfully and BT’s PDE was withdrawn. By 1998, the concept of e-marketplaces was becoming more widely accepted and, indeed, in this year BT decided to re-launch BT Trading Places as a fully fledged, true e-marketplace. However, it wasn’t until the latter half of 1999 that there was a worldwide explosion in the number of e-marketplaces being developed, and hence the associated demand for e-marketplace ICT solutions and services really began. E-marketplaces work on a many-to-many basis. A company that conducts transactional e-commerce via an e-marketplace is one of a community of companies that uses the e-marketplace to sell and/or procure its products. This marketplace may have been established by the company as part of a consortium to sell or procure products, or the company wishing to sell or procure via a marketplace may register on to a marketplace that has been developed by an independent third party. The way in which e-marketplaces function is summarised in Figure 2.A. Trading via an e-marketplace • Many suppliers, many buyers (relative proportions of each depends on the e-marketplace type), trading via emarketplace hub • An organisation may participate in an e-marketplace as a supplier (seller) or as a buyer (or in some cases as both) • An organisation using an e-marketplace may, in some cases, have an ownership stake in the e-marketplace, or it may simply operate as a participant (with no ownership stake). Buyers Suppliers M M = E-marketplace hub Figure 2.A Trading via an e-marketplace Source: Total Romtec/EITO 2 E-marketplaces: new challenges for enterprise policy, competition and standardisation 2.2 23-24 April 2001 E-marketplace types There are four types of e-marketplace: i. buyer-driven e-marketplaces – established by a consortium of buyers in order to procure products from their suppliers via the internet ii. sell-driven e-marketplaces – established by a consortium of suppliers/sellers that are looking to sell their products on-line via the e-marketplace iii. independent e-marketplaces – established by independent organisations, whose main motivation is to obtain revenues through operating the marketplace on behalf of buyers/sellers. iv. technology provider e-marketplaces – established by an e-marketplace technology provider. These are very similar in principal to independent e-marketplaces, but the motivation for the technology provider to set up the e-marketplace can be quite different to those of a company establishing an independent marketplace. These four e-marketplace types all share one common dominator, in that they all bring together multiple buyers and suppliers through one exchange engine (the software solution that runs the emarketplace), which enables companies to sell and/or procure products using the exchange engine. Of the four types of e-marketplace, buyer-driven e-marketplaces are purely business-to-business (B2B). The other three types are currently primarily B2B, but have the potential to also be B2C. 3 E-marketplaces: new challenges for enterprise policy, competition and standardisation 23-24 April 2001 E-marketplace types Buyer-driven Sell-driven (29% of all e-marketplaces) (2% of all e-marketplaces) Established by consortia of buyers - more suppliers than buyers Established by consortia of sellers - more buyers than suppliers eg. Covisint, GlobalNetXchange Suppliers Buyers Few sell-driven e- marketplaces in existence at present ; examples include Global Healthcare Exchange and MetalSite Buyers Suppliers M M Solution & support for e-marketplace hub generally provided by 3rd party Solution & support for e-marketplace hub generally provided by 3rd party Independent Technology Provider (64% of all e-marketplaces) (5% of all e -marketplaces) Established by independent company, which operates marketplace on behalf of buyers/sellers. Most common type of e-marketplace - many suppliers and buyers Established by technology provider, which operates marketplace on behalf of buyers/sellers - many suppliers and buyers e g. SAP - mysap.com, Oracle - oracleexchange .com eg. Alibaba.com, BT Trading Places (www. bt.com/tradingplaces), eBay (www.ebay.com), Enron ( enron.com), Tejari.com. Buyers Suppliers M Solution & support for e-marketplace hub generally provided by 3rd party M Buyers Suppliers M E-marketplace hub uses technology provider’s (ie . the e-marketplace owners’) solution TP often provides all on-going support services itself. = E -marketplace hub = E-marketplace owner (equity stake in e-marketplace) = Buyer (no equity stake in e-marketplace) = Supplier (no equity stake in e-marketplace) Note : Percentage figures denote Total Romtec’s estimate of the proportion of all e-marketplaces that the e-marketplace type accounted for as of the end of 2000 Figure 2.B E-marketplace types Source:Total Romtec/EITO 4 E-marketplaces: new challenges for enterprise policy, competition and standardisation 3. E-marketplaces operator’s perspective 3.1 Business model 23-24 April 2001 The e-marketplace operator’s role coincides with the function of the e-marketplace thus defined in the previous section. It is the central role at the heart of an e-marketplace providing seamless access to trading activities for customers and/or suppliers. The business model which varies by operator and market sector, is illustrated in Figure 3.A. Purchasing Supplier Supplier Routing Catalogue Order Maintenance Tracking Customers Receiving CRM Web Portal Invoicing SCM Account Information Despatch Suppliers Figure 3.A E-marketplace operator’s business model Source:Total Romtec It is evident that in the last two years there has been exceptional activity to build e-marketplaces fast to gain competitive advantage. The strategic drivers have either been related to serving new and existing customers more effectively or gaining efficiency down the supply chain or both. "First mover" advantage was seen by many as a reason to move quickly; others have favoured a “best mover” approach taking more time to get the fundamentals right. 3.2 Operating benefits Whichever route is taken by an e-marketplace operator they expect to show tangible benefits which are, as far as possible, measurable in financial terms. The benefits vary according to whether the emarketplace operator is customer or supplier facing; a summary of the more common benefits is given in Table 1. 5 E-marketplaces: new challenges for enterprise policy, competition and standardisation Operator Benefit 23-24 April 2001 Applicability: Customer Support facing facing 4 Inventory reduction Cost and time savings on transactions 4 4 Improves company visibility/presentations 4 4 Better information in real time 4 4 4 Product cost reduction Cheaper and more responsive communications 4 4 4 Improved procurement control Cost and time effectiveness through collaborative design and planning 4 4 Accelerated time to market 4 4 Efficient integration with SCM 4 4 Efficient integration with CRM 4 Table 1 Benefits for e-marketplace operators Possible savings have been estimated and these are given in Table 2. It should be noted that the savings given are inclusive of bi-lateral and e-marketplace activities. The percentage estimates refer to cost savings on a like for like basis after replacement of a conventional sales or purchasing operation with an e-equivalent. Industry Estimated savings from business-tobusiness e-commerce Aerospace machining 11% Chemicals 10% Coal Communications 2% 5-15% Computing 11-20% Electronic components 29-39% Food ingredients 3-5% Forest products 15-25% Freight transport 15-20% Health care Life sciences Machining (metals) Media and advertising Oil and gas 5% 12-19% 22% 10-15% 5-15% Paper 10% Steel 11% Table 2 Possible B2B e-commerce (inc. e-marketplace) operator savings by sector 6 E-marketplaces: new challenges for enterprise policy, competition and standardisation 3.3 23-24 April 2001 Sector penetration The benefits of e-marketplace operation are potentially more substantial in industries which are fragmented, susceptible to demand shocks and lacking a streamlined distribution infrastructure. Also, benefits are more likely to flow when products are relatively standardised, traded in high volumes and low values and perishable (e.g. aircraft seat reservation, fruit and vegetables, energy, etc.) The chart given in Figure 3.B assigns and “eMarketplace Opportunity Index” to industry sectors according to their characteristics and products. The eMarketplace Opportunity Index 5 Food and < agriculture Paper and office Petrochemicals products< < < Pharmaceutical Consumer < and medical products products 4 Motor vehicles < Product fit 3 2 Heavy industries < 1 < Aerospace and defence 1 Shipping and warehousing < utilities < Computing and electronics Ultimate eMarketplace saturation (% of online trade) <50% 50%-60% 60%-70% < Industrial equipment and supplies 2 3 4 >70% 5 Industry readiness Figure 3.B eMarketplace Opportunity Index (Source: Forrester) Despite the range of potential benefits for e-marketplace operators, there are significant challenges too. The major challenge concerns return on investment. An e-marketplace operation represent a significant investment, especially for SMEs, and the rate of return will be lower due to price pressures and lower margins compared with old economy business models. Attainment of critical mass is crucial for viability and sustainability. The volumes have to be high enough to enable revenues to exceed costs and cash flows to be positive. Within sectors, there is finite capacity for competitors to share. Too many competitors limit the possibilities for critical mass achievement; too few and they may be vulnerable to charges of market aggregation, collusion and other forms of anti-competitive behaviour. A hard balance to strike! 7 E-marketplaces: new challenges for enterprise policy, competition and standardisation 3.4 23-24 April 2001 Sector examples of e-Marketplaces A selection of more prominent e-marketplaces is given in Table 3. This is by no means a complete listing. Sector Aerospace/ Name of emarketplace Type Buyer Seller Member Ind 4 Exostar Boeing, Lockheed, BAe, Defence Raytheon, MyAircraft.com + 4 United Technologies, Honeywell etc. Motor vehicles Covisint 4 Ford, GM, Daimler, Chrysler etc Consumer products 4 Global Healthcare Global NetXchange Johnson & Johnson, GE, Baxter, Abbott, 4 Sainsbury, Sears, Carrefour Worldwide Retail 4 Tesco, M&S, Kingfisher Xchange Transora Heavy 4 Unilever, Gillette, Kellogg, Heinz etc 4 MetalSite Weirton, LTV industries Construction AECventure 4 Balfour Beatty, Kaeverner, Laing, Deutsche Bank, SAP Petrochemicals ChemPlorer, 4 Bayer, Deutsche Telekom, Chemfidence ChemUnity 4 Wanadoo, World online, Chello EnronOnline 4 Trade-Ranger 4 cc-markets* Utilities BP Amoco, Shell + 12 others BASF, Degussa, Henkel 4 Achilles Scottish Power, United Utilities, Northern Electric + UK utilities Financial Services VolBroker+ Cofunda 4 Six major banks 4 8 E-marketplaces: new challenges for enterprise policy, competition and standardisation Sector Airlines Name of emarketplace Type Buyer Seller 4 AeroXchange 23-24 April 2001 Member Ind Air Canada, All Nippon, Cathay pacific, FedEx etc Hotels 4 Accor Bass, Granada, Compass, Hilton, Whitbread 4 Hsupply * Merging to form cc-chemplorer + Cleared by the Commission Note – Technology provider e-marketplaces are not included. They are less prevalent (i.e. 5% of the total) and not identified in the workshop proceedings. Table 3 e-marketplaces examples (Source:Total Romtec) Covisint was referred to by several speakers in the workshop.: Covisint – The name of this B2B exchange comes from Cooperation, Vision and Integration. It was set up a little more than a year ago and has only recently appointed a CEO. Oracle and Commerce One are the technology partners. Its main function is joint purchasing on behalf of its auto industry backers, namely Ford, GM, Daimler Chrysler, Renault-Nissan, Toyota and Peugeot. Honda, BMW and Volkswagen have not joined Covisint and could potentially set up a rival exchange. 9 E-marketplaces: new challenges for enterprise policy, competition and standardisation 4. E-marketplace from the users’ perspective 4.1 Users are buyers and sellers 23-24 April 2001 Principally, the users are buyers (i.e. customers of e-marketplaces) or they are sellers (i.e. suppliers to e-marketplaces). Users may be large corporations, SMEs, micro businesses, consumers or government departments. The level of participation by buyers and sellers in e-marketplaces varies widely. This can be illustrated by the following scenarios: F Large corporations and government departments are more likely to buy from e-marketplaces in larger volumes and values than smaller organisations or consumers. F Large corporations are more likely to be bigger sellers to e-marketplaces by absolute volume and value but SMEs can be biggest sellers by percentage of their total output. F Government departments and consumers are unlikely to be sellers to e-marketplaces. Government departments may become major buyers in their procurement role. Clearly, organisations and individuals participate either, as buyers and/or sellers and in varying proportions according to their own purchasing or sales volumes and values. As a consequence they will connect with e-marketplaces occasionally and remotely (e.g. by internet browser and dial up line) or frequently and integrally (e.g. by using a leased line and EDI techniques, increasingly XML/EDI). These are some of the important consequences for organisations (public and private sector) in terms of their adoption level of e-business. This is illustrated in Figure 4.A. 10 E-marketplaces: new challenges for enterprise policy, competition and standardisation E- Ordering Marketing e r ac tpl ble na rke re ma se Eow l/br na sio ca Oc Messaging External Integration P ER Internal Integration rce me m Co SS ER M O ST M CU CR d ble na Le XM ace DI/ tpl t/E en rke qu ma Fre E- E of l e v Le ss ine s -bu ess sin u B E- on pti o ad 23-24 April 2001 Payment Fulfilment e ffic O ck Ba M SC RS LIE P P SU Figure 4.A Access to e-marketplaces enabled by stage of e-business adoption Notes: CRM – customer relationship management SCM – supply chain management ERP – enterprise resource management Back Office – administrative and finance operations (Source: Total Romtec) 4.2 How do buyers view e-marketplaces? At first sight, buyers view e-marketplaces as they view hypermarkets – they offer a wide range of products, keen prices and convenience. Smaller organisations are likely to take the hypermarket view subject to acceptable service levels and assured trust. Providing small buyers receive what they order in a reasonable delivery time and the financial transaction is completed securely, they will be satisfied. E-marketplace operators may and should want to go further in developing the trading relationship with tailor made information, special deals, added value services and the like. Large organisations have more at stake. They’re probably considering investment in “external integration” with EDI/XML interfaces (see Figure 4.A) and need to operate a controlled procurement process, for example, to eliminate “maverick buying”, i.e. purchasing of non recommended products, abuse of purchasing procedures and reduction of overspending. These organisations will also be expecting the same benefits as the e-marketplace operator. 11 E-marketplaces: new challenges for enterprise policy, competition and standardisation 4.3 23-24 April 2001 How do the sellers view e-marketplaces? Sellers view e-marketplaces as one of their distribution channels; they would be unwise to conduct all their business through this channel. They can reasonably expect to benefit from a wider customer base (i.e. all relevant customers of the e-marketplace) and enjoy reduced marketing and catalogue costs. As an additional sales channel e-marketplaces should reduce sales costs and increase sales volumes. Service levels and trust are important to sellers as well, but these take different forms. Service levels for sellers connect with sales volumes achieved by the e-marketplace at viable prices with a minimum level of end customer support requirement. Trust will be dealt with in the terms of a formal trading agreement. The relationship between seller and e-marketplace can be highly beneficial in terms of “down the supply chain” activities. These range from cooperative design and development, marketing support, collaboration on production scheduling and assistance with e-business system development. The benefits which flow from being a seller to e-marketplaces are proportionately more significant for SMEs. 4.4 When the users are SMEs End-user research conducted by Total Romtec for EITO shows that large organisations are far more likely than small/medium enterprises (SMEs) to have installed sell-side and buy-side applications (see Table 4) whether these be for bilateral or e-marketplace trading. By company size – number of employees E-ordering E-payments E-availability E-progress E-post-sales Info Info + order Base e-procure- e-procure- (no. of checks tracking support ment ment respondents) Small/Medium (<500) 24% 7% 14% 8% 10% 13% 7% 272 Large (500+) 32% 12% 18% 15% 20% 18% 10% 228 Figures show % of all European organisations that have a web site that have installed each one-to-many e-commerce application Table 4 Current penetration of one-to-many e-commerce applications by company size Source:Total Romtec/EITO It has also typically been the large organisations that have had the necessary finances, resources and, indeed, motivation, which are needed to establish an e-marketplace. On the buy-side, the larger the supplier, the greater its procurement activity will generally be, and thus the higher the motivation for establishing either a one-to-many e-procurement system or an e-marketplace, since the potential cost savings and efficiency benefits are that much greater. SMEs are participants in e-marketplaces - they are not generally the types of company that establish e-marketplaces (i.e. few become e-marketplace owners, except for specialist start-up companies). 12 E-marketplaces: new challenges for enterprise policy, competition and standardisation 23-24 April 2001 Participating in e-marketplaces is extremely attractive for SMEs (particularly small organisations) due to several factors: F Many of those SMEs that have tried to sell-direct using a one-to-many e-commerce model have found that, unless their company/brand is very well known, not enough people are visiting their websites to purchase products/services to justify the investment made (the most fundamental reason for the low purchase levels being that potential customers are simply not aware of the site). F SMEs find it far tougher than large organisations to find the resources/finances necessary to establish a one-to-many e-commerce model - whether it be for buy-side or sell-side applications. When it comes to e-marketplaces, most SMEs would find it extremely difficult to set up their own e-marketplace, even if they formed it as part of a consortium with other SMEs. The workshop did receive presentations from several organisations which offer services which could potentially assist SMEs to address this challenge: The EuroInfoCentre Technical Assistance Office operates in EEA and certain CEEC countries to inform SMEs of the practical benefits of e-business and how to go about it. They provide value added information on legal aspects, impact on business and practical solutions. The Swedish Trade Council provides similar services in that country. At the implementation level, BravoBuild.com offers affordable e-business system building blocks. Should SMEs want to outsource their e-marketplace activity they can contract with Mondus. BENE-BUS exists to benchmark the results of any of these approaches. F Selling or procuring via an e-marketplace that has already been established gives SMEs a number of potential benefits, at a relatively small cost. In turn, large organisations that are using an e-marketplace to procure are interested in being able to work with smaller companies via the e-marketplace, since it gives them the opportunity to lower the high cost transactional overheads that are associated with working with a small supplier. 13 E-marketplaces: new challenges for enterprise policy, competition and standardisation 23-24 April 2001 5. Growth and prospects for e-marketplaces 5.1 Growth in e-marketplaces: 2000-2002 According to Total Romtec, there are currently 2,000 marketplaces world-wide, 650 of which (a third) are in Europe. The number of e-marketplaces, both globally and in Europe, will increase dramatically over the next two years, with 2,700 estimated to be existence in Europe by the end of 2002 (see Figure 5.A). A recent research study, conducted by Belcon on the German e-marketplace, provides a further insight into the level of activity within he European e-marketplaces (20 of which are still at the formation phase). Note that more new e-marketplaces were launched in Germany in the first six months of 2000 than in the whole of 1999. Growth in the number of e-marketplaces : 2000 - 2002 12000 10,500 10000 Worldwide 8000 5,200 6000 4000 2,700 2,000 Europe 1,500 2000 650 0 2000 2001 2002 Source : Total Romtec Note : Figures are as of end of each year Figure 5.A Growth in the number of e-marketplaces: 2000-2002 Source: Total Romtec/EITO Of the 650 e-marketplaces currently in existence in Europe, independent e-marketplaces account for the vast majority (64% - Total Romtec estimate). 5.2 Consolidation is already occurring There will be some consolidation between e-marketplaces – for instance, some existing emarketplaces within certain industry sectors will consolidate through mergers or acquisitions, whilst certain e-marketplaces will fall by the wayside simply through inadequate funding or insufficient trade volumes (this has been happening of late in the US). However, the consolidation will be countered by the sheer increase in the number of start-up e-marketplaces, resulting in a substantial net increase. However, lack of critical mass as previously defined, will be a strong driver for e-marketplaces to merge; failing this they won't survive. The niche players with established loyalties transferred from the 14 E-marketplaces: new challenges for enterprise policy, competition and standardisation 23-24 April 2001 old economy business model may be sufficient to sustain others. Some sources have predicted an 80% fall-out through merger or failure by 2004. This could mean that only 100 or so viable emarketplaces will survive in Europe. 15 E-marketplaces: new challenges for enterprise policy, competition and standardisation 6. 23-24 April 2001 The issues It is widely assumed that e-marketplaces can have significant pro-competitive effects. In the previous sections of this report there is much to feel enthusiastic about: e-marketplaces are shaped by market forces and are driven forward by key players in receptive industry sectors. They are a symbol of progression employing the latest IT and Internet technologies with an expected favourable impact on growth and prosperity. Despite this constructive prognosis, there are many concerns, even anxieties, about the potential disadvantages of e-marketplaces. A useful way to explore these is to review two recent competition investigations conducted by the Commission in the context of existing European regulations. 6.1 MyAircraft.com The first case illustrates issues related to market definition. The pertinent question for the definition of the product market will often be whether an electronic marketplace competes with conventional bilateral sales or whether it constitutes a separate, narrower product market. The former would be likely if participants used electronic marketplaces only as an additional sales channel; the latter if the exchange offered additional services which clearly differentiate it from other sales forms. These questions are being discussed in the Commission clearing the creation of MyAircraft.com, a marketplace operated by United Technologies and Honeywell to provide manufacturing and sales of aerospace products and services through a one stop shopping and supply management process. The software partner is i2 Technologies. The objective is to make operations within the aerospace sector quicker, more efficient and less costly. MyAircraft.com is not alone in its field; Exostar, a joint venture involving Boeing, BAE Systems, Lockheed Martin and Raytheon was announced last July. In this case, the Commission investigated the question whether this online exchange was part of the wider market for airline equipment or whether it constituted part of a narrower market for exchanges for airline equipment. The parties submitted that the relevant product market for this transaction would be the market for aerospace parts and services. E-commerce should only be considered as one segment among the many modalities by which companies transact business. Customers would remain free to decide how they want to conduct business with UTC, Honeywell or other suppliers, e.g. by using MyAircraft.com, e-mail, fax, telephone etc. The Commission’s market investigation largely confirmed this view. It revealed that third parties in general considered B2B e-commerce as one segment among the many modalities by which companies transact business. Some third parties seemed to believe that it would not be relevant to distinguish between the general sector of e-commerce and the sub-segment of B2B e-commerce. In any case, third parties considered it premature to draw distinctions between B2B e-commerce in different aerospace parts and services and some even seemed to believe that it would be too early to draw any distinctions between B2B e-commerce in different industry segments. 16 E-marketplaces: new challenges for enterprise policy, competition and standardisation 23-24 April 2001 The results of the investigation seem to suggest that the B2B electronic marketplace constitutes part of a wider market. It should be noted, however, that in this case the precise relevant product market definition was left open since irrespective of the market definition chosen, the proposed concentration did not give rise to the creation or strengthening of a dominant position. When looking at the definition of the relevant geographic market, the relevant question is likely to be the question whether the geographic market will be widened as geographic location becomes less important for the interaction between buyers and sellers. One can expect that such a widening of the geographic market will indeed be brought about by many B2B electronic marketplaces. In the MyAircraft case, however, this question was largely irrelevant, as even the ‘traditional’ market for aerospace products and services is likely to be world-wide. 6.2 Volbroker.com The second case illustrates issues related to ownership. Ownership can raise competition problems in particular where an online marketplace is controlled by a number of market participants. These owner-participants could be then use the rules to exclude certain participants from the most efficient marketplace, thus putting them at a competitive disadvantage. An issue of both information sharing and discrimination could arise if certain market participants (e.g. the founders) would receive privileged information about transactions in the market. This issue has been addressed in the Volbroker case, the first e-marketplace cleared under Article 81 ECT. In this case, six major banks set up a joint venture offering an electronic brokerage service for trading foreign currency options. The case raised concerns regarding the access to confidential information by the parent companies. To deal with this concern, the owners of the Volbroker.com exchange gave the following assurances to the Commission: F None of Volbroker.com’s staff or management would have any contractual or other obligation towards any of the parents and vice versa. F Volbroker.com’s staff and management would be in a geographically distinct location from that of the parents. F The representatives of the parents on Volbroker.com’s Board of Directors would not have access to commercially sensitive information relating to each other or to third parties. F The parents would not have access to the information technology and communication systems of Volbroker.com. The commitment thus aims to build “Chinese walls” between the Joint Venture operating the exchange and the parent companies which are active as market participants. To alleviate further concerns related to market access, the parent companies also agreed to allow socalled voice brokers to participate in Volbroker.com where they are acting as principals. 17 E-marketplaces: new challenges for enterprise policy, competition and standardisation 6.3 23-24 April 2001 So, what are the issues? Bearing in mind the foregoing sections describing the e-marketplace (Sections 1-4) and, earlier in this section, the two specific cases of MyAircraft and Volbroker illustrate a number of important issues: 6.3.1 Benefits It is widely assumed that B2B electronic markets can have important pro-competitive effects. They potentially increase market transparency and contribute to a further integration of separate geographic markets; further they provide access to wider geographic markets and offer the possibility of more customers. In addition, e-marketplaces are expected to be a source of substantial efficiencies, as they should allow a reduction in transaction costs and an improvement of inventory management. Nevertheless, the quantification of these benefits is currently difficult and many claims as to their size are comprised of qualitative judgements (see Table 1) and estimates (see Table 2). Relevant questions are: F What will be the impact of e-marketplaces on prices? F Which efficiencies can result from organising market transactions in form of e-marketplaces? The answers to these questions will vary according to sector, size of organisation and, degree of involvement. 6.3.2 Market definition Suppliers Bilateral trading eMarketplaces But/Sell Channel Options " " " " " Mail Fax In person E-mail E-commerce Buyers Figure 6.A Buy/Sell Channel options 18 E-marketplaces: new challenges for enterprise policy, competition and standardisation 23-24 April 2001 As illustrated in Figure 6.A, it can be expected that in many buying and/or selling modes an organisation uses one or more bilateral channels supplemented by participation as a buyer or seller in an e-marketplace or e-marketplaces. The relevant questions are: F Do e-market places constitute separate product markets? F What determines the degree of substitution between bilateral trading and e-market places in a given industry? 6.3.3 Market dominance Network effects are present when the value of a system to the individual user increase with the number of users. They can lead to market ‘tipping’ and the creation of a dominant market position if the network effects are strong enough to induce all market participants to use the same network. This problem could also arise in the context of e-marketplaces, as the benefits will often increase with the number of buyers and suppliers that are linked to the same system. Relevant questions are: F How strong are network effects in e-marketplaces? F What determines the size of these effects? F How many market places are viable in a given industry? 6.3.4 Exchange of information This concern relates to the ability of the buyers or sellers to exchange or to discover sensitive information on prices and quantities. It is linked, among other things, to the design of the system, in particular its openness in terms of individual data originating with other parties. Relevant questions are: F Will e-market places be the “smoke filled rooms” of the future, where sensitive information between competitors is exchanged and cartels created? F Which safeguards are necessary to decrease this risk? 6.3.5 Joint purchasing/joint selling This concern relates to the question if the participants in an electronic market can effectively bundle purchasing or selling volumes. If this is the case, a competition concern could arise if they would be able to coordinate their behaviour as buyers or as sellers. Relevant questions are: F How relevant are joint purchasing and joint selling for the attainment of the benefits that e-market places promise? F Which rules should be formulated as regards the permissibility of joint purchasing or joint selling in an e-market place? 19 E-marketplaces: new challenges for enterprise policy, competition and standardisation 6.3.6 23-24 April 2001 Discrimination/foreclosure/collusion This concern relates to the ownership of the e-market places and the rules of governing them. These rules could be used, for instance, to exclude certain participants from the most efficient market place, thus putting them at a competitive disadvantage. An issue of discrimination could arise if certain market participants (e.g. the founders) would receive privileged information about transactions in the market. To deal with this issue certain market places are setting up “Chinese walls” to impede any information flows between the parent companies and the joint venture. Relevant questions are: F Should the Commission insist on open, non-discriminatory access to all e-marketplaces? F Will competition between marketplaces ensure that foreclosure does not become a problem? F To what extent can the Commission rely on the self-interest of the founders to run an open marketplace attracting as many customers as possible? 6.3.7 Standardisation As in the traditional business environment, these new market places need technical rules, as well as common, agreed business practices. Additionally, participation in e-marketplaces often requires radical organisational changes (e.g. back office, accounting and billing systems, stock, and logistics). Technical interoperability and mutually compatible business practices are therefore necessary to ensure their smooth functioning. Fully functional e-marketplaces can be achieved either through competition leading to a dominant market player who effectively sets the “standard” for interoperability or through formal or informal consensus-building platforms. New forms of standardisation – based on voluntary consensus building – may play a key role here, making e-marketplaces another catalyst for standardisation, as the internal market was a few years ago. Without standards – business as well as technical – the efficiency of emarketplaces will be limited, and networking benefits and critical mass may never be achieved. Consensus–building platforms for the assurance of trust and security were mentioned by several participants. At one level, security and trust is something that is essentially personal, and standardisation cannot adequately replace it. At another level, different consensus elements of security and trust can be provided by company standards, consortia or recognised formal bodies. The relevant questions are: F How can interoperability best be ensured, and which consensus-building platforms are best placed to develop the standards and specification necessary? F Is the standardisation process as currently structured producing the results required by the market? F How can the framework of the marketplace be structured so as to impose no higher legal duties on the participants? F How can the necessary coherence in e-marketplace standardisation be brought about? What is the appropriate role of public authorities? 20 E-marketplaces: new challenges for enterprise policy, competition and standardisation 23-24 April 2001 Collectively, each of these issues (i.e. 5.3.1 – 5.3.7 inclusive) and their resolution will determine the extent to which a free e-marketplace can exist or, conversely, whether some degree of formality is required. How these issues may be addressed, particularly in the context of competition regulation and standardisation, is covered in the following sections. 21 E-marketplaces: new challenges for enterprise policy, competition and standardisation 23-24 April 2001 7. Competition: Problems and possible solutions 7.1 Is there a problem? E-marketplaces provide additional supply routes and distribution channels which don’t necessarily replace traditional economic structures. From the viewpoint of buyers and sellers they will continue to trade electronically and conventionally, the electronic option continuing to have a non majority share of trading volumes for the foreseeable future. E-marketplaces are currently a minor electronic trading option for most organisations in terms of volumes and percentages on sales and purchases compared with bi-lateral trading via e-business websites, Minitel and EDI. The proportionality of online versus offline trade is illustrated in Figure 7.A. 100 Dynamic marketplace 75 Marketplace trade % Bilateral trade 50 Total offline trade 25 0 98 99 00 01 02 03 Figure 7.A Online trade versus offline trade Source: Forrester When does fair and healthy competition surpass the point of acceptability and become anticompetitive behaviour? In short this is the case when competitors conspire together to the disadvantage of customers or when a dominant position is created and abused. Thus, “first movers” and corporates with great financial strength who succeed are not in themselves anti-competitive even when they become successful. The main possible competition problems may be summarised as follows: F Market dominance – High market shares, either obtained through internal growth or through acquisitions, mergers and joint ventures, may in the presence of “network effects” lead to “market tipping” and market dominance. Issues arising here would be dealt with either under the Merger Regulations or the Treaty provisions on dominance. F Collusion – Secret agreements on purchasing and/or sales terms, conditions and prices, leading to cartels. Issues arising here would be dealt with under the Treaty provisions on restrictive agreements. 22 E-marketplaces: new challenges for enterprise policy, competition and standardisation F 23-24 April 2001 Exchange of information – Restriction of freedom of suppliers and/or customers to participate on even terms. F Joint purchasing – Concentration of purchase volumes on a subset of suppliers with a risk of creating buyer power. F Joint selling – Concentration of sales volumes on a subset of customers with a risk of selling power. 7.2 The information dilemma Information transparency is a desirable characteristic of e-marketplaces for buyers and sellers alike. It provides easy access to information and business opportunities resulting in more market players being able to compete; theoretically, Internet technology aids this. Conversely, e-marketplaces may offer participants multiple opportunities to take advantage of the transparency contrary to the principle of secret competition and leading to competition problems summarised above. A further dilemma is created where information is not accessible to all parties but restricted to “insiders” i.e. the controlling directors and owners of e-marketplace operations. Competition problems related to insider information could be mitigated by: F Structural safeguards – Externalisation on controlling directors/owners by remote location, Chinese walls, no majority control etc. F Conduct safeguards – No recent individual company data, recent data only on an aggregated basis, compliance programme/sanctions. F Technical safeguards – Firewalls, password access control, encryption and VPNs/Extranets. F Outsourcing – Management of e-marketplace operations and resources by a third party outsourcing contractor. 7.3 Conclusions Is EU competition policy up to the challenge? The “constitutional principles” are still valid. The key question is whether these provisions need to be more focused to deal with the particular conditions anticipated in e-marketplaces. For the time being it may be concluded that: F Many B2B exchanges will not raise competition problems. F Nevertheless, potential competition questions remain. F Development in case law will provide further guidance 23 E-marketplaces: new challenges for enterprise policy, competition and standardisation 23-24 April 2001 8. Standards – What needs to be standardised and by whom? 8.1 Enablement of interoperability Interoperability is crucial to e-marketplaces and standards are key. The basic principles of emarketplace operation require seamless communication between all participants. A recent survey by Forrester concluded that the main barriers to online SCM (e.g. e-marketplaces) are lack of collaborative functionality in IT systems and lack of understanding of the impact that such collaboration will make. At a superficial level the standards exist in the form of web browser driven access to trading websites. Software vendors have attempted to build market share through the imposition of proprietary solutions, sometimes using consensus-building consortia, but this approach, successful in the IT market generally, has not so far succeeded in B2B e-commerce applications. The headings under which standards making occurs may be classified as follows: F Physical and communications levels – Transmission protocols, file formats, message routing, data synchronisation, security, etc. F Information level – data formats, product coding e.g. XML tags and schemas, etc. F Application level – user interface format/design, catalogue conventions, language options, etc. The relationship between these levels is illustrated in Figure 8.A: Communication & Information Business Processes ‘Best Practice’ Applications Application Information Presentation Middleware e.g. CORBA Session Communication Transport Network Physical Data Link Infrastructure Physical Wide area network e.g. the Internet Local networks e.g. Ethernet Fig 8.A 7 layer model as a reference for standardisation Source: Professor Kai Jakobs, Technical University, Aachen 24 E-marketplaces: new challenges for enterprise policy, competition and standardisation 23-24 April 2001 Whilst many aspects of the business process level have not been regarded as candidates for standardisation, it seems clear that the production of consensus documents on best practice would be considerably helpful to reduce user confusion. 8.2 Protection of users’ interests Although it is in the best interests of suppliers to meet user needs there is a tendency for standards to be supplier driven without taking full and conscientious account of user requirements. At an interoperability level this may be sufficient but at the user interface level more needs to be done. For example, there are some formal measures which can be implemented by operators with user protection in mind: F Privacy, for example by encryption and conformance to data privacy laws, F Authentication, for example using digital signatures, and, F Integrity, for example through certification and providing credentials and references. Alternatively, a free market approach can be adopted in which the operator engenders trust by: F Establishing reassuring brand values, F Developing and maintaining good supplier and customer relationships, F Delivering ordered products in complete conformity with what was ordered and consistent with advertised terms and conditions, and, F Effective mechanism to deal with problems and provide customer support. The most realistic approach may be to encourage a responsible free market in which the formal measures are adopted as warranted by supplier and customer interests; clearly, work needs to be done to find ways in which this can be achieved. At the end of the day, a dissatisfied buyer or seller should be able to make representation to the operator of the e-marketplace and seek effective address. 8.3 The standardisation process Despite improvements already made, many observers still see the standardisation process as cumbersome, compromise-laden and slow. They’re also aware of a variety of bodies who participate in the process either as formally recognised standards bodies (e.g. CEN, CENELEC, ETSI, ISO, IEC, ITU, etc.) or open or proprietary consortia (e.g. W3C, Open Group, UDDI, GCI, RosettaNet, Odette, etc) which are producing some kind of published consensus documents. Current estimates range from 200-300 ICT standardisation consortia open to membership of interested parties. It should be noted that many consortia are not open (e.g. Bluetooth). This plethora of organisations causes problems in terms of lack of interoperability of solutions – socalled standardised products that don’t work with others, in terms of competing proprietary solutions 25 E-marketplaces: new challenges for enterprise policy, competition and standardisation 23-24 April 2001 that cannot command enough market acceptance to foster critical mass, and in terms of confusion amongst potential users of the technologies, who lack often the basic information on who is standardising what, let alone how to implement the results. In general, standards should be developed in an environment: - that is open to all market players and involving a critical mass of the relevant market players, - that is transparent in terms of decision making process, - where results from other bodies are readily taken into account and used, and, - where the resulting standards are freely available without any barriers to embodiment in products (IPR should either be free or available on an open and non-discriminatory basis). More specifically, the following principles emerged to guide future standards making: F In the first place consider the management and business process re-engineering issues; some observers believe that the standards making process does not consult sufficiently on this level. F Build a standards based infrastructure which meets application requirements in that it is modular, flexible, adaptable, scalable, robust and transparent. F Ensure relevant standards incorporate trust-building measures in order to provide globally recognised certificates and credentials, using a range of optional encryption standards which are easy to implement, work reliably and are simple to use. F Consult more widely including representatives from all participating communities in emarketplaces and well regarded independent advisors. For example, SMEs, the IT departments of medium and large organisations and external software contractors who implement emarketplace systems. Conversely, restricting consultation to software and system vendors and academics runs the risk of not fully allowing for the user issues. The differences in operation of formal standardisation and of fora standardisation need to be borne in mind. F Sub-divide the process into discrete phases with defined objectives and outputs. Test the outcomes , including practical deployment, with all relevant communities. Specifically, don’t wait until the end of a multi-year development to find out that the support and buy in isn’t forthcoming. F Don’t reinvent the wheel! If useful solutions or components exist anywhere make best use of them. Be pro-active in knowing about standards activity worldwide. Encourage consolidation to reduce overlapping, even competing, contributions from involved organisations. 8.4 Organisation of the standards process A popular quotation was “the great thing about standards is that there are so many to choose from!” Although amusing this can also be read as an indictment of the organisation of standardisation activities. The complex web of standardisation consortia, open and closed, does not help to encourage ebusiness. The European Standardisation Organisations have made efforts, including through the ICT Standards Board, to improve coordination and information about consortia activities. There are also 26 E-marketplaces: new challenges for enterprise policy, competition and standardisation 23-24 April 2001 some encouraging signs in the context of B2B e-commerce of a desire for a better overall consensus – for example the ebXML Initiative, already reasonably comprehensive and non-proprietary, is in active discussion with similar activities. CEN/ISSS has made efforts not only to act as a European arm of such activities as ebXML, but also to help develop consensus on industry sector requirements for e-commerce. Nevertheless, there remains a general lack of collaboration and information on formal and fora standards activities. The Commission should therefore continue to encourage efforts by the European standards organisations to co-ordinate and provide information, and CEN, CENELEC and ETSI should continue to develop a coherent approach towards the global consortia. In practical terms, there should be strong support for moves towards a tighter association of the global consortia, both in terms of the provision of information to the users, and in terms of continued support for consensus on European industry sector requirements. A strengthening of the ICT Standards Board may also be desirable to achieve better coordination of the work of a wider range of standards bodies and consortia. 27 E-marketplaces: new challenges for enterprise policy, competition and standardisation 9. 23-24 April 2001 Key messages and next steps F E-marketplaces are an innovative application of e-business technologies and processes. F They offer great potential for cost and revenue benefits in many sectors with reservations for SMEs. The benefits have yet to be formally measured and remain as estimates. F It's important to recognise that e-marketplaces offer one alternative to a range of bilateral trading options already available which, in most sectors, continue to account for over 70% of trading activity. F It cannot be a forgone conclusion that e-marketplaces will be dominant in any sector, although vigilance is advised. F SMEs may not have the critical mass necessary to develop and operate e-marketplaces successfully; there are also related concerns about their ability to fund the investment required. F Consolidation of e-marketplaces is already occurring. The main challenge is to increase the number of suppliers of goods and services participating in the e-marketplaces. This requires a balance of interest and mutual trust. F Meanwhile, the workshop recognised and discussed several issues which were accepted by many workshop participants to be important: F § market definition § market dominance § joint purchasing/selling § discrimination/foreclosure/collusion § standardisation A majority of workshop attendees were in favour (by show of hands) of the Commission encouraging and facilitating a collaborative framework for standards bodies. F Workshop attendees want to see an effective balance struck between information transparency necessary for e-marketplace users and restrictions on transparency necessary to counterproblems of collusion and dominance. F Workshop attendees gave approximately equal support (show of hands not counted) to a formally regulated environment as opposed to a freer self-regulated alternative. F Enhancement of the GoDigital programme has been recognised as a good way to address the challenges specific to SMEs, including focused e-learning, best practice support, affordable broadband access and investment support. 28