Economics Elective 1 Chapter 1 Monopoly Pricing 1 Perfectly competitive market Firms are price takers Price is determined by the price mechanism If a firm raises its selling price, it will lose all of its customers. E.g. Market price = $6, Quantity demanded = 80 units Price ($) Price ($) Market 6 Market supply (S = MC) Total social surplus 6 Quantity (units) 80 Demand faced by an individual firm An individual firm can sell all its quantity supplied at the market price. (Horizontal demand curve) Market demand (D = MB) 0 A single firm in perfectly competitive market 0 Quantity (units) If a firm sells at $7, customers will buy from other firms. 2 Perfectly competitive market A firm can sell all its goods at market price. In perfectly competitive market P = $6 Each additional unit sold, revenue = $6 Marginal Revenue (MR) = $6 P = MR Marginal cost rises when output rises MC curve is upward sloping Perfectly competitive market Condition of profit maximization Total revenue > Total cost i.e. P > AC Price (Marginal revenue) = Marginal cost i.e. P = MC If P > MC, firm can earn more profit by raising output If P < MC, firm can earn by cutting output Suppose no fixed cost: If there’s no externality, when MB = MC, TSS is max. i.e. Market efficiency Monopoly A single supplier in the market No close substitution Will not lose all the customers when it raises the price Price searcher with monopoly powers on price and determine its output E.g. MTR in HK, CLP in Kowloon and N.T. 5 The demand curve faced by monopolists Suppose Firm A is a monopolist Market demand is the demand faced by Firm A Demand schedule faced by Firm A Price ($) Combination Price ($) Qd (units) A 10 0 9 B 9 1 8 2 7 3 6 C D 8 7 E 6 4 F 5 5 G 4 6 Demand curve faced by the monopolist A 10 B C D E F 5 G 4 Demand Quantity (units) 0 1 2 3 4 5 6 6 Monopoly pricing Simple monopoly pricing A firm set a uniform price for each unit of its output at this price, consumers can buy as much as they want. Market demand restricts the market power of a monopolist. From the demand schedule: When P = $9, Qd = 1 unit If Firm A set the price at $9, 1 unit will be sold only. If Firm A want to sell 4 units, it has to lower the price to $6. One price-output combination based on consumers’ demand. 7 Monopoly pricing Demand schedule faced by Firm A Max. price a firm can charge Combination Price ($) Qd (units) Combination Output (units) Price ($) A 10 0 A 0 10 B 9 1 B 1 9 C 8 2 C 2 8 D 7 3 D 3 7 E 6 4 E 4 6 F 5 5 F 5 5 G 4 6 G 6 4 Under simple monopoly pricing The price a firm can charge = the consumers’ willingness to pay i.e. P = MB 8 Revenue of a firm under simple monopoly pricing Price = Average Revenue (AR) Under simple monopoly pricing: Total revenue (TR) = P x Q Since AR = TR Q, then P = AR Output (Qd) (units) Price ($) Total revenue ($) TR = P x Qd Average Revenue ($) AR = TR Qd 1 9 9x1=9 91=9 2 8 8 x 2 = 16 16 2 = 8 3 7 7 x 3 = 21 21 3 = 7 4 6 6 x 4 = 24 24 4 = 6 5 5 5 x 5 = 25 25 5 = 5 9 Revenue of a firm under simple monopoly pricing Demand curve = AR curve Price ($) 9 8 7 6 5 D = AR Quantity (units) 0 1 2 3 4 5 10 Revenue of a firm under simple monopoly pricing Marginal Revenue (MR) The change in total revenue as a result of selling an additional unit of output. MRn = TRn – TR(n-1) At Q = 1 unit, MR = P = $9 At Q = 2 units MR = $7, P = $8 MR < P When output increases, MR falls Hence, MR curve is downward sloping below the AR (demand) curve Remarks: TR = Sum of MR Qd (units) Price = AR($) TR ($) MR ($) 0 10 0 - 1 9 9 9 2 8 16 7 3 7 21 5 4 6 24 3 5 5 25 1 6 4 24 -1 7 3 21 -3 8 2 16 -5 9 1 9 -7 10 0 0 -9 11 Revenue of a firm under simple monopoly pricing Under monopoly pricing: Price ($) 9 8 7 6 5 4 3 2 1 0 -1 MR curve is below D curve MR < P MR keeps falling D = AR 1 2 3 4 5 6 7 8 Quantity (units) 9 -2 -3 -4 -5 -6 -7 MR 12 Revenue of a firm under simple monopoly pricing Why MR < P ? Firms: Lower P Increase sales Unit price $9 $8, where 1 more unit can be sold MR from the 1st unit = -$1 MR from the 2nd unit = $8 Price ($) MR = $8 - $1 = $7 9 (-) 8 7 6 (+) 5 D = AR Quantity (units) 0 1 2 13 Revenue of a firm under simple monopoly pricing Why does MR keep falling? In order to increase sales Lower P MR < P Determination of price and output Objective: Profit maximization Conditions: 1. Total revenue > Total cost , i.e. TR > TC or 2. Average revenue > Average cost , AR > AC Marginal revenue = Marginal cost i.e. MR = MC 15 Determination of price and output Finding the price-output combination under profit maximization Demand Qd P ($) (units) Revenue of firm Cost of firm Profit of firm TR ($) MR($) TC ($) MC ($) Total profit TR-TC ($) Marginal profit ($) A 1 9 9 9 3 3 6 6 B 2 8 16 7 7 4 9 3 C 3 7 21 5 12 5 9 0 D 4 6 24 3 18 6 6 -3 E 5 5 25 1 25 7 0 -6 F 6 4 24 -1 33 8 -9 -9 AtQ=3, Q=2, Q=1,MR=MC, MR>MC,profit con’tmaximized.. to produce. At 16 Determination of price and output Price ($) 1. Price ($7) = MB ($7) 2. Price = AR ($7) > AC ($4) 7 MC Total profit 5 MR ($5) = MC ($5) Total cost MR D = AR Quantity 3 Profit-maximizing price and output The output at which MR equals MC, and P > AC. 17 A monopolist does not have a supply curve Supply curve: Qs at different prices In a price-taker market: Market demand and supply determines the market price At market price, each firm determines its Qs In a perfectly competitive market, there is a supply curve. In a price-searcher market: Price is determined by A monopolist faces a downward sloping demand curve 1. demand curve faced by the firm 2. marginal cost curve Price is determined at which MR = MC No supply curve 18 Price range and elasticity Price ($) 10 9 8 7 6 5 4 3 2 Qd (units) 1 2 3 4 5 6 7 8 9 TR ($) 10 18 24 28 30 30 28 24 18 MR ($) 10 8 6 4 2 0 -2 -4 -6 Ed > 1 Ed = 1 Ed < 1 Demand is elastic: P TR and MR is positive Demand is unitary elastic: P TR no unchanged and MR is 0 Demand is elastic: P TR and MR is negative Price not set at or below $4, because MR is negative. To maximize profit if MC = $6 MR = $6, where then Q = 3 units and Price = $8 Within the range where Ed > 1 * Efficiency implications of monopoly Efficiency in price-taking market Market price = Equilibrium price At Qt (where Qd = Qs ), MB = MC Total social surplus is maximized. Producer Surplus Consumer surplus 20 Efficiency implications of monopoly Efficiency in price-searching market Profit-maximizing output = 3 units where MR=MC At Qt = 3, P = MB = $7 and MC = $5 Since MB > MC, total social surplus is not maximized Deadweight loss Price ($) Monopoly is inefficient. Comparison Consumer surplus Output in a perfectly 7 competitive market, Q = 4 units Output in a monopoly 5 market, Q = 3 units Deadweight loss appears under monopoly Deadweight loss Produce surplus Total cost MR MC D = MB Quantity 21 0 3 4 Price discrimination Definition A situation where seller sells identical goods produced at the same cost to different customers at different prices. Examples MTR: Lower prices for children and elderly Fast-food shop: Special offer for students University scholarship Reason for practising price discrimination In simple monopoly pricing, buyers have consumer surplus. Sellers may try to capture the consumer surplus to increase profits. i.e. From consumer surplus to producer surplus Price discrimination is a pricing arrangement a firm uses to increase profit. Price setting based on the different consumers’ demand curves. How does price discrimination increase profit? Given MB of a flower: Suppose cost = $0 Customer Marginal Benefit ($) A 80 B 50 C 20 If the selling price of the flower is: Price ($) Quantity sold (units) Total revenue ($) 20 3 60 50 2 100 80 1 80 Then the profit-maximizing price is $50 and quantity is 2 units Consumer surplus: A: $80 - $50 = $30 and B: $50 - $50 = $0 Producer surplus: $50 x 2 = $100 Total social surplus: $100 + $30 = $130 How does price discrimination increase profit? Given MB of a flower: Customer Marginal Benefit ($) A 80 B 50 C 20 Suppose cost = $0 Suppose the seller bargains with the customer separately: Price to A = $80, Price to B = $50 and Price to C = $20 Total revenue = Producer surplus = $80 + $50 + $20 = $150 Consumer surplus: A: $80 - $80 = $0, B: $50 - $50 = $0 and C: $20 - $20 = $0 Total social surplus = $150 + $0 = $150 Total sales = 3 units Price discrimination: Qt Producer surplus (profits) Total social surplus But, consumer surplus How to identify price discrimination? Key 1: Whether the goods and their costs are the same? Price discrimination is found if No price discrimination if Same product sold in different price to different customers Quality is different Costs are different However, Price discrimination is found if Difference in price is disproportionate to the different in quality or cost E.g. Normal Set Lunch: Soup + Curry Chicken + Tea ( $30 ) Student Set Lunch: Curry Chicken + Tea ( $16 ) [The bowl of soup is disproportionately expensive.] How to identify price discrimination? Key 2: Whether the unit prices are the same? Example: Telecommunication Plan Plan A: $51 – 1100 minutes [i.e. $0.0464 per minute] Plan B: $73 – 1600 minutes [i.e. $0.0456 per minute] Plan C: $88 – 2100 minutes [i.e. $0.0419 per minute] More preferable to common users, like students, for leisure usage More preferable to businessman for occupational needs Who has higher price elasticity in buying telecommunication services, student or businessman? Different in price is not necessarily price discrimination Peak hour surcharge E.g. Minibus fare Higher cost in running on the road Higher demand E.g. Salon before CNY Higher cost in hiring additional workers Higher demand Special offer to privileged customers E.g. Loan with lower interest rate Loyal customers: lower chance of bad debt (cost) With stable occupation: stable income, less possibility of late repayment Types of goods can price discrimination be more easily practised Easy to separate the consumers Low cost of preventing resale If consumers can resell the goods, they can buy at a lower price and resell at a higher price, so sellers can’t capture the consumer surplus In general, price discrimination is more common in services than commodities. Immediate consumption Hard to resell For commodities, it’s hard for the sellers to prevent resale. 3 Types and examples of price discrimination First degree price discrimination Second degree price discrimination Third degree price discrimination Third degree price discrimination A situation where the seller separates customers with different price elasticity of demand into two or more groups and charges them different prices. Also known as market segmentation Different elasticity suggest that Different willingness to pay More elastic demand, lower willingness to pay. Less elastic demand, high willingness to pay. Third degree price discrimination Suppose MC of the good is constant. When MC = MR, PB (inelastic demand) > PA (elastic demand) Third degree price discrimination Examples Discount for students and the elderly E.g. MTR, restaurants, etc. Less income Lower willingness to pay Higher elasticity of demand Easy to be identified Local and overseas market E.g. Kindle sold in amazon.com (US$109) and amazon.co.uk (£89) Easy to separate the market according to the price elasticity of demand Geographical separations can effectively prevent resale Third degree price discrimination Does prohibiting price discrimination benefit consumers? Local market Overseas market Price ($) 50 15 Sales (copies) 3,000 2,000 Marginal cost ($) 10 per copy 10 per copy Fixed cost ($) 50,000 Profit = ($50 - $10) x 3000 + ($15 - $10) x 2000 - $50,000 = $80,000 If the law requires a uniform price, books will be sold locally only. Total revenue = ($50 - $10) x 3000 - $50,000 ) = $70,000 Publisher will lose. Less profit. Overseas consumers will lose. They can’t buy the books. Hence, less consumer surplus. Conclusion Prohibition of price discrimination will reduce the choices that producers and consumers have. This may lead to Overall loss to society. Second degree price discrimination A situation where the seller charges buyers higher prices for quantities with greater marginal benefits and lower prices for quantities with small marginal benefits. Not to charge according to different customers, but different quantities. Also known as multipart pricing. Customers have the power to do ‘self-selection’. Second degree price discrimination Mutlipart pricing: sellers charges different prices for different amounts (or blocks) of a good, with higher prices for the first few units and lower prices for subsequent one. Sellers do not need to separate their customers into different groups A quantity-based pricing arrangement to the customers. Customers will do the self-selection. Second degree price discrimination Examples 1. Provide discount for specified quantity $100 per piece First two average $100 per piece Buy 3 10% discount, i.e. $100 x 3 x 90% = $270 Average price = $90 per piece 2. Provide discount package First 2 units: $100 each Average $100 per piece Third unit: $$70 Total: $100 + $100 + $70 = $270 Average $90 per price Both methods have the same effect of multipart pricing. They are second degree price discrimination. Second degree price discrimination Examples Admission Fee 3. Two-part tariffs Admission fee at $200, inclusive of 50 tokens Amusement Park After entering the park, 10 Tokens before entrance at higher price tokens for every $20 Tokens after entrance at lower price The more tokens customers buy, the lower the average price. Token$100 per piece First two average $100 per piece Video rental clubs Membership fee (fixed) + Coupons (variable) The more coupons customers buy, the lower the average price First degree price discrimination A situation where the seller charges each consumer the maximum price who prepared to pay for each unit, which is along the demand curve of different consumers. Extract the consumer surplus. i.e. Consumer surplus becomes producer surplus Producer surplus = Total social surplus Also known as perfect price discrimination. First degree price discrimination According to the buyers’ marginal benefit, the seller charges $9 for the 1st unit, $8 for the 2nd unit, $7 for the 3rd unit, $6 for the 4th unit $5 for the 5th unit, where profit-maximization achieved (MC = MB) No consumer surplus. All surplus becomes producer surplus. Seller has to know the willingness to pay of all consumers. Quite impossible to practise the first degree price discrimination in the reality. First degree price discrimination Pam’s marginal benefits schedule for apples Ada’s marginal benefits schedule for apples Q 1 2 3 4 5 6 Q 1 2 3 4 5 6 MB($) 5 4 3 2 1 0 MB($) 4 3 2 1 0 0 If sells at uniform price = $3 Pam: 3 units, TR=$3x3=$9, consumer surplus = ($5-$3) + ($4-$3) = $3 Ada: 2 units, TR=$3x2=$6, consumer surplus = $4-$3 = $1 If practices first degree price discrimination until $3 Pam: 3 units, TR=$5+$4+$3=$12, average price=$123=$4, consumer surplus = $0 (Therefore, Pam will accept a package of 3 apples at $12.) Ada: 2 units, TR=$4+$3=$7, average price=$72=$3.5, consumer surplus =$0 (Therefore, Ada will accept a package of 2 apples at $7.) First degree price discrimination Examples First degree discrimination takes place when bartering exists between buyers and sellers. The bid and offer system in the housing market where potential home buyers put in an offer on an individual property Negotiating prices with dealers for second hand cars Haggling for the price of a hotel room (mostly foreign countries) Dutch auctions The sellers begins with a high asking price for an item. If nobody responds to it, he lower the price, until the item to be sold to the first person who accept the price. Differences among 3 types of price discrimination 1. First degree vs. Second degree price discrimination Whether the firm can extract the consumer surplus from each consumer complete. First degree: Complete extraction. Different price for each unit. Second degree: Multipart pricing, consumer surplus still found. 2. Second degree vs. Third degree price discrimination Whether market segmentation exists. Third degree: Different groups face different price arrangement. Second degree: Consumers can choose different price arrangement according to their willingness to pay, but the firm may not know which groups do they belong to and how much they are willing to pay. Other examples of price discrimination 1. Coupon clipping Customers can have lower price by using coupon. The firm does not cut the price because Customers with higher elasticity of demand and lower willingness to pay will try hard to use the coupon. The customers separate themselves into different groups. 2. Medical fees Cost of providing the treatment of same illness to the rich and the poor is the same. Rich people: higher income, higher willingness to pay Poor people: lower willingness to pay Other examples of price discrimination 3. Air ticket Different prices for tickets Passengers for business trip Passengers for leisure lower elasticity, higher price don’t want to stay over the weekend Higher price elasticity, lower price Don’t‘ mind staying over the weekend, so lower price for ticket for travellers to stay for the weekend. However, different prices of first class, business class and economy class may not be price discrimination because of different costs for providing services Conditions for price discrimination General conditions 1. Monopoly or market power 2. Can effectively prevent resale 3. If consumers can resell the products easily, buy low sell high. Take away the firm’s customers who are willing to pay higher prices. Consumers’ willingness to pay is different 4. The firm can influence the market price by changing its output. Price search, facing a downward sloping demand curve. If no difference, products will be sold in the same price. Low cost is practising price discrimination Price discrimination involves complicated pricing arrangement. If cost is too higher, simple monopoly pricing will be better than price discrimination Conditions for price discrimination Specific conditions For first degree price discrimination Aim at extracting all consumer surplus Seller must have perfect information on each customer’s willingness to pay. For third degree price discrimination Aim at put different consumers into different group according to their elasticity of demand. Consumers’ price elasticity of demand must be different. For second degree price discrimination No need to have perfect information on consumers’ willingness to pay. (1st) No need to group consumers according to their price elasticity of demand. (3rd) Need to have a general idea about consumers’ preferences or consumption patterns before making different price arrangement Conditions for price discrimination Consumers’ market information and price discrimination In tradition economics, for third degree price discrimination Different price elasticity of demand of consumer is necessary. Argument from Steven N.S.Cheung Not necessarily have different price elasticity of demand Different information cost can help price discrimination to be practised Consumers have different information about the market E.g. Tourists and local residents might have the same elasticity of demand on camera. However, tourists have less information, i.e. higher information cost, and would likely to pay higher than local residents. Monopoly and anti-competition In traditional economics, ‘Monopoly’ is often labelled as anti-competitive harmful to the interest of consumers and society However, economists argue that monopoly may be anti-competitive, but might not be harmful to the society. Monopoly and anti-competition Ask yourself: 1. Is monopoly necessarily anti-competitive? No, the reasons are: Monopoly because of economies of scale Elimination of weak competitors under normal market competition. Not necessarily anti-competitive, but beneficial to the society Natural monopoly lower average cost, so lower price Dominate the market because of high quality, e.g. MS Windows XP in 2001 Monopoly and anti-competition Ask yourself: 2. Why is monopoly often seen as being anti-competitive and harmful? Monopolists, who’s dominate the market, aimed at more profit have the ability and have the incentive to engage anti-competitive practices great temptation to control the price and output So, monopoly is always suspected of being anti-competitive. Large enterprises may abuse their dominance and hinder competition sell products below cost ask suppliers to stop supplying goods to competitor Definition of anti-competition Enterprises use unfair or inappropriate ways to reduce or restrict market competition. In USA, Australia, the UK and Singapore Define “anti-competition” according to the behaviours of the enterprises instead of their scales and market shares; Whether they use unfair and inappropriate ways to reduce or restrict market competition. Definition of anti-competition Hong Kong - <<Competition Bill>> (Proposed, to be legislated in 2012) First Conduct Rule Prohibition of anti-competitive agreements, concerted practices and decisions (1) An undertaking must not – (a) make or give effect to an agreement; (b) engage in a concerted practice; or (c) as a member of an association of undertakings, make or give effect to a decision of the association, if the object or effect of the agreement, concerted practice or decision is to prevent, restrict or distort competition in Hong Kong. (2) Subsection (1) applies in particular to agreements, concerted practices and decisions that – (a) directly or indirectly fix purchase or selling prices or any other trading conditions; (b) limit or control production, markets, technical development or investment; or (c) share markets or sources of supply. (3) Unless the context otherwise requires, a provision of this Ordinance which is expressed to apply to, or in relation to, an agreement is to be read as applying equally to, or in relation to, a concerted practice and a decision by an association of undertakings (but with any necessary modifications). (4) The prohibition imposed by subsection (1) is referred to in this Ordinance as the “first conduct rule”. Definition of anti-competition Hong Kong - <<Competition Bill>> (Proposed, to be legislated in 2012) Second Conduct Rule Abuse of market power (1) An undertaking that has a substantial degree of market power in a market must not abuse that power by engaging in conduct that has as its object or effect the prevention, restriction or distortion of competition in Hong Kong. (2) For the purpose of subsection (1), conduct may, in particular, constitute such an abuse if it involves – (a) predatory behaviour towards competitors; or (b) limiting production, markets or technical development to the prejudice of consumers. (3) The prohibition imposed by subsection (1) is referred to in this Ordinance as the “second conduct rule”. Definition of anti-competition Hong Kong - 《 競 爭 條 例 草 案 》 第一行為守則 禁止反競爭的協議、經協調做法及決定 (1) 如某協議、經協調做法或業務實體組織的決定的目的或效果,是妨礙、限制或扭曲 在香港的競爭,則任何業務實體 — (a) 不得訂立或執行該協議; (b) 不得從事該經協調做法;或 (c) 不得作為該組織的成員,作出或執行該決定。 (2) 第 (1)款尤其適用於符合以下說明的協議、經協調做法及決定 — (a) 直接或間接訂定買入或售出價格或其他交易條件; (b) 限制或控制生產、市場、技術發展或投資;或 (c) 分享市場或供應來源。 (3) 除文意另有所指外,如本條例的條文明訂為適用於協議或就協議而適用,該條文須 解釋為在經必要的變通後,同樣適用於經協調做法及業務實體組織的決定,或就該 等做法及決定而適用。 (4) 第(1)款施加的禁止,在本條例中稱為“第一行為守則”。 Definition of anti-competition Hong Kong - 《 競 爭 條 例 草 案 》 第二行為守則 濫用市場權勢 (1) 在市場中具有相當程度的市場權勢的業務實體,不得藉從事目的或效果是妨礙、限 制或扭曲在香港的競爭的行為,而濫用該權勢。 (2) 為施行第 (1)款,符合以下說明的行為,尤其可構成上述濫用 — (a) 該行為包含對競爭對手的攻擊性表現;或 (b) 該行為包含以損害消費者的方式,限制生產、市場或技術發展。 (3) 第(1)款施加的禁止,在本條例中稱為“第二行為守則”。 Different types of anti-competitive practice Anti-competitive practices refer to all behaviours that distort or restrict market competition. 4 Types of anti-competitive practices Mergers (合併) Horizontal agreement (橫向協議) [also known as ‘Cartel’] Vertical agreement (縱向協議) Competitors in the same industry make agreement on price and output in order to jointly control the market price. Agreement on purchasing or sales conditions made between firms in different stages in production (producers) or sales chain (distributors) Abuse of dominance (縱向協議) a dominant firm perform any practices to restrict market competition is regarded as abuse of dominance. Mergers 1. Horizontal mergers the merging of firms producing the same type of goods. Aim at reduce competition Increase the power of the newly merged enterprise in controlling the price Examples: Toyota and Lexus (motor vehicle), HP and compaq (computer) Guideline in US case: Large horizontal mergers are often perceived as anticompetitive. If one company holding 20% of the market share combines with another company also holding 20% of the market share, their combined share holding will then increase to 40%. This large horizontal merger has now given the new company an unfair market advantage over its competitors. The amalgamation of Daimler-Benz and Chrysler is a popular example of a horizontal merger. Mergers 2. Potential competition mergers the merging of a firm and another firm that plans to enter the market and compete with it. Former taking over the latter or vice versa Removal of potential competitors more power in price control Mergers 3. Vertical mergers the merging of firms which are in different production stages and have a buyer-seller relationship. Cut off the raw material supply or retail outlet of competitors unable to compete. Newly merged enterprise has more power to control the market price. Horizontal agreements 1. Price-fixing An agreement between firms to fix or raise the price to restrict price competition and increase profits. Distort normal operation of the market Customers bear higher costs. Examples Newspapers: Fixed before the publication of Apple Daily in 1995. Telecommunication: $12 Mobile Service Licence and Administration Fee of $12. Gasoline: Price adjust at the same time. (Suspected only) Horizontal agreements 2. Sales and production quotas An agreement among producers or suppliers to fix a sales or production quota so that their joint reduction in output can raise the product price. Less quantity higher price Examples Oil: Limit the oil export in 1973 Limited version: Ferrari Motor vehicles Horizontal agreements 3. Bid rigging / Collusive bidding (串通投標) Gov’t or organisation seek bids to use price competition to lower the cost of the project or services An agreement to submit common bids to eliminate price competition. The lowest bid to win the contract by rotation and thereby getting a certain amount of contracts. If bid rigging, price of project will be higher than the market price. Disadvantageous to tendering organisation (higher cost without better quality) Often seen in tenders for the gov’t or public organisation. Illegal. Example In 1993, representatives of two dairies from Cincinnati in the US, Meyer Dairy and Coors Dairy, confessed to rigging bids in school milk auctions in the 1980s10 Horizontal agreements 4. Market division in products and location (市場分配) An agreement among producers or suppliers on the scope of operation. Each firm specifies in Selling a certain kinds of products. Selling in a certain locations. Creation of monopoly in product supply or in locations. Colluded firms can sell the products at a higher price. Example In January 2003, Bluefield Regional Medical Center (BRMC) and Princeton Community Hospital Association (PCH) entered into agreements to allocate cancer services to PCH and cardiac-surgery services to BRMC in six West Virginia counties and three Virginia counties. 5. Customer allocation (分配顧客) An agreement among market participants on the source of customers. Divide up the market without competition. Distributors may monopolize the market. Horizontal agreements 6. Joint boycotts (聯合抵制) An agreement among competitors not to trade with certain suppliers or customers, or the joint effort of competitors to force suppliers or customers not to trade with another competitor. Take away the supply or choices of the targets of the boycott. Damage the market efficiency. Example In 1976, a group of Indiana dentists formed the Indiana Federation of Dentists13 to pursue a restraining policy not to comply with dental health insurers’ requests for x-rays, resisting insurers’ control on the costs of dental treatment. The restraining policy was found to violate the US antitrust laws, and the Federation failed to establish a pro-competitive justification for trade restraints. 7. Unfair or discriminatory standards (不公平或歧視性的準則) The standards agreed upon among members of a trade union or professional body, which deny newcomers the chance to enter or compete in the market. Vertical agreements 1. Exclusive dealing (獨家交易安排) An agreement made between a supplier and its distributors so that the distributors cannot sell products of the same kind provided by other suppliers. Illustration: Fruit Supplier A made an agreement with its distributor with a discounted price. The distributor can sell fruit from Fruit Supplier A only. Channel of Fruit supplier B is blocked. Fruit Supplier A Fruit Supplier B Restrict the sales channels of competitors Hinder market efficiency Less customers’ choices Distributor (Agreement to sell fruit from Fruit Supplier A only.) Vertical agreements 2. Sole distributor / Exclusive territories (獨家代理) An arrangement that the producer only assigns one distributor for its products in a specified sales territory. Example: Before 2007: Ng Fung Hong (五豐行) was the sole distributor of live cows imported from the mainland to HK. Dai Chong Hong (大昌行) is the official dealer to sell Honda motor vehicles in HK Monopolize the market Higher price Vertical agreements 3. Tie-in sales (搭賣) The buyer can buy the desired good or service (the tying good) only if he agrees also to buy a different good or service (the tied good). Example: Printer (the tying good) and specified cartridge (the tied good) Playstation 3 and Gamedisc Reduce consumers’ choice Restrict competition of the tied good. Vertical agreements 4. Bundling (搭賣) A commercial strategy whereby two or more products (or services) are offered together at a bundled price lower than the sum of the individual prices. Example: Microsoft Windows Vista and Media Player Goodwell Property Management Limited (under Cheung Kong Holdings) charges the management fee of its residents with broadband service charge bundled together, no matter they use the service or not Reduce consumers’ choice Unfavourable to market competition. Vertical agreements 5. Resale price maintenance (RPM) (規定零售價) A supplier specifying the minimum or maximum price at which a product must be re-sold to customers by downstream firms. Example: Suggested price of electronic appliances and books. Selling price must be fixed or within a price range Lack of competition between retailors. Unable to lower price Customers can’t pay less through price war. Abuse of dominance 1. Predatory pricing A firm with dominant market position sells below the costs of production. Drive the competitors out and prevent new firms entry. Raises the price finally. 2. Tie-in sales Tied products or services without justifiable purposes, e.g. quality and safety reassurance. 3. Price discrimination Different prices to different consumers 4. Retail price minimum Set a minimum price for products or services without close substitution. Impacts of anti-competitive practices 1. Hindering the development of the industry Reduce the number of competitors Less development in the future Anti-competitive practices damage free trade and fair competition 2. Unfavourable to consumers Less choices Higher prices 3. Harmful to economic efficiency Monopoly has less output as compared with perfect competition Deadweight loss Justification and concerns for competition policy The Hong Kong SAR Government set up Competition Policy Review Committee (CPRC) in June 2005. Review the policy and law overseas Propose competition policy and law for legislation Justification and concerns for competition policy Major justification To provide a legal basis for the investigation and sanctioning of anticompetitive conduct To strengthen the competition regulatory framework in order to promote market discipline. To improve the business environment and provide a level playing-field for business. To improve transparency through delineating what constitutes anti-competitive conduct so that firms and the public are fully aware of them and can prevent their occurrence in society. Without such regulation through legislation, in the long run there might be an adverse effect on the relative competitiveness of HK, especially in those sectors with high entry barriers. Justification and concerns for competition policy Concerns 1. Does HK need a competition policy? Interference with the market structure Increase in the cost of doing business Harmful to the famous free and competitive market in HK? Higher cost of production Lower HK’s regional competitiveness Effects on the development of small- and medium-size enterprises (SMEs) SMEs may not fully understand their responsibilities under the new law Easy to break the law SMEs may have high legal fee SMEs may under the threat of facing a lot of lawsuits. Large enterprises may make use of the law to kick out SMEs. Use of alternative ways to enhance market competition Legislation should be the last option. Any other better ways to achieve the target? Justification and concerns for competition policy Concerns 2. Should it be a cross-sector or a sector-specific competition law? Existing sector-specific anti-competition provision could not stop cross-sector anti-competitive practices The property management company bundled management fee with telecommunication service charge However, Telecommunication Ordinance does not regulate the practices of property management companies. Anti-competitive practices can be found in different sectors. Legislation to tackle cross-sector bundling effectively and avoid discrimination against certain business sectors and consumers. Justification and concerns for competition policy Concerns 3. What scope of behaviour should be covered by the competition law? The new law should not point against market structures or natural monopolies. Focus on stopping specific anti-competitive practices that hinder economic efficiency or free trade and are not in the interest of consumers. The CPRC recommended 7 types of anti-competitive practices to be covered in the new law Price-fixing Bid rigging Market division Sales and production quotas Joint boycotts Unfair and discriminatory standards Abuse of dominance However, the CPRC added that these practices are not illegal unless they are found: 1. To have been carried out with the intent to distort the market; or 2. To have the effect of distorting normal market operation and lessening competition Justification and concerns for competition policy Concerns 4. Should there be exclusions or exemptions? The new law is aimed at avoid anti-competitive practices in business sectors. Government should be exempted from being sued under the new law. Since the new law may be abused to suppress lawful competitive business activities, the CPRC also suggested that the regulatory authority should have the discretion to ignore complaints that are inappropriate. 5. Should it be a civil or criminal offence? Heavy fine and disqualification from holding a directorship in a company should be enough. Since the law is first enacted, civil penalties are more appropriate.