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Antimonopoly Studies



        For those members of the list who're interested in exploring the
economic literature on antimonopoly policy, the following is an excerpt from
my Web site at:
                            http://webpages.metrolink.net/~cmueller

        Please note that this address contains a correction--the earlier
'www' is now replaced by 'webpages.'
                             
        Charles Mueller, Editor
        ANTITRUST LAW & ECONOMICS REVIEW
        http://webpages.metrolink.net/~cmueller

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                      ANTITRUST LAW & ECONOMICS REVIEW

                                               ___------

                         Concentration and Price: The Research


            U.S. antitrust laws are aimed at protecting "competition"
      but they contain no definition of that term. The courts and the
      enforcement agencies--FTC and Justice's Antitrust
      Division--have equated competition with competitive prices. To
      stop a merger (or an anticompetitive practice, e.g., predatory
      pricing), the plaintiff must convince a court that, if it's not
      stopped, prices to the consumer are going to rise to
      higher-than-competitive levels. How does one prove a
      consequence before the event? 

            If an industry has 10 firms and 9 of them propose to
      merge--or if 1 of them decides to bankrupt, say, 8 of the others
      via below-cost pricing (leaving only 2 competitors in that
      market, one with, say, 60% and the other 40%)--how does a
      judge decide whether supra-competitive prices will be the
      result? U.S. judges currently accept the Chicago view that only
      2 competitors are required to assure consumers of
      "competitive" prices (and that only 1 is needed if "entry" is
      sufficiently easy). They would therefore approve the 9-firm
      merger and the elimination of 8 firms via predatory pricing
      (both creating a 2-firm industry, with 60% for the leader) in
      the above examples. Is this good economic science? 

            Until about the mid-'70s, economic researchers in the U.S.
      reported that there was a systematic positive relationship
      between an industry's or market's structure (concentration
      and the like) and its price/profit level, with the threshold of
      noncompetitive prices being a top-4-firm share of around 40%
      (equivalent to a 1-firm share of about 12%). This meant, for
      example, that mergers should be stopped if the acquiring firm
      would, via the merger, go over that 12% market share
      threshold. (If one firm can merge its way to a 12% share, all
      others have the same right, so we get a 4-firm share of
      48%--and prices that exceed the competitive level.) National
      policy was set accordingly: Mergers yielding shares above 12%
      were stopped (as were such predatory pricing campaigns).
      Firms wanting to grow larger had to do it via fair internal
      growth, e.g., by offering a better product at a lower price. 

            The country's 1,000 judges thus had a clear antitrust rule,
      one they could apply on their own, without a lot of "expert"
      economic testimony: Competition was going to be
      injured--prices to the consumer were going to rise, innovation
      was going to be lessened, and so on--if they approved a merger
      or an anticompetitive practice (e.g., price discrimination) that
      elevated the offender's market share above that 12% threshold
      of pricing power. This key research finding--that prices began
      to exceed the competitive level when the 4 largest firms in an
      industry control some 40% of its sales (and 1 firm has more
      than 12%)--implies that about 10 competitors, all of roughly
      equal size, are required to drive consumer prices to the
      minimum competitive level. 

            The U.S. courts in 1997, following Chicago economic
      theory, reject this longstanding research finding. (See our
      'Dirty Dozen' U.S. Antitrust Cases, above.) Here we have the
      central issue of competition policy worldwide: Does the kind of
      "competition" we want--minimum prices for consumers, the
      best in technological innovation, fairness for other
      entrepreneurs, and the like--mean just 2 firms (with up to 60%
      for the largest) or does it mean 10 firms (no more than 12%
      for the biggest)? 2 firms or 10? A top firm share of 60% or
      12%? 

            Economic science, one supposes, should be able to give us a
      solid answer to so important an economic question. So what
      are the leading research studies here? Are they available--or
      can they be made available--online? A few have been
      recommended to us and we list them below. Hopefully we'll be
      advised of others and all can be made available online. For
      further reading, we also offer below a list of important books
      in the field. A brief (10-page) summary of the concepts and
      major findings in the field are presented in one of the articles
      in our own Web site here and a review of the principal studies
      on the Concentration/Price issue (up to the 1980s) is also
      available online in this site: 

        "Glossary of Antitrust Terms," by Charles E. Mueller. 
        "Relationship Between Concentration and Prices/Profits," by
      Russell C. Parker. 

                                              --------

                                       Research Studies

            Special emphasis should be given to the first study in the
      list below, one conducted by a team of university economists
      for the Joint Economic Committee of Congress in 1977. A
      study of several supermarket chains operating in 35 cities, its
      central finding was that prices increased, on average, by 8.9%
      as the share of the largest firm rose from 4% (in a 4-firm-40%
      market) to 38.5% (in a 4-firm-70% market). The other studies
      here are broadly consistent with that major finding. 

        "The Profit Performance of Leading Food Chains 1970-'74,"
      by B.W. Marion et al., Study for the Joint Economic
      Committee, U.S. Congress, 95th Cong., 1st Sess. (1977). 

        "Market Power In the Retail Food Industry: Evidence from
      Vermont," by R.W. Cotterill (Review of Economics & Statistics,
      North-Holland, 1986). 

        "Market-Structure Determinants of National Brand-Private
      Label Price Differences of Manufactured Food Products," by
      J.M. Connor and E.B. Peterson (Journal of Industrial
      Economics, June 1992). 

        "Cyclical Variation in the Profit-Concentration Relationship,"
      by W.F. Mueller and M.H. Sial (Review of Industrial
      Organization 8:277, Kluwer, 1993). 

        "Concentration-Price Relations in Regional Fed Cattle
      Markets," by B.W. Marion and F.E. Geithman (Review of
      Industrial Organization 10:1, Kluwer, 1995). 

                                                  -----
                    
                                Other Recommended Readings 


        Adam Smith, THE WEALTH OF NATIONS (1776) (Modern
      Lib. Ed. 1936). 

        John Moody, THE TRUTH ABOUT THE TRUSTS (1904)
      (Greenwood Press, 1936). 

        E.H. Chamberlin, THE THEORY OF MONOPOLISTIC
      COMPETITION (Harvard U. Press, 1933). 

        G.W. Stocking and M.W. Watkins, MONOPOLY AND FREE
      ENTERPRISE (20th Century Fund, 1951). 

        J.S. Bain, BARRIERS TO NEW COMPETITION (Harvard U.
      Press, 1956). 

        J.S. Bain, INDUSTRIAL ORGANIZATION (Wiley, 1968). 

        J.M. Blair, ECONOMIC CONCENTRATION (Harcourt,
      1972). 

        L.W. Weiss (ed), CONCENTRATION AND PRICE (MIT
      Press, 1989). 

        M.E. Porter, THE COMPETITIVE ADVANTAGE OF
      NATIONS (Macmillan, 1990). 


            Suggested additions to both of these lists will be most
      welcome. Hopefully the authors of the articles listed--if they
      have not done so already--will make them available online
      through their respective university Web sites, which would of
      course permit us to add "links" to them here, thus making their
      full texts available to all. This journal, the ANTITRUST LAW
      & ECONOMICS REVIEW, welcomes new articles here--as well
      as those addressing the economics of one or more of the 'Dirty
      Dozen' Supreme Court cases listed above. 

        
        Copyright(c) 1997-1998 Antitrust Law & Economics Review, Inc.

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