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Essays on Vertical Restraints and Competition Policy

Essays on Vertical Restraints and Competition Policy
Author: Chia-Wen Chen
Publisher:
Total Pages:
Release: 2011
Genre:
ISBN: 9781124906683

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Vertical restraints between firms, such as exclusive dealing contracts that forbid a dealer from promoting other manufacturers' products, are controversial in competition policy because of their potential anticompetitive effects. This dissertation addresses three issues in competition policy and vertical relationships between firms: (1) what are the effects of exclusive dealing on competitiveness of brands? (2) does exclusive dealing foreclose new entrants out of a market? (3) what is the effect of retail competition on market price in a vertically integrated industry when upstream firms face capacity constraints? Chapter 1 examines the impact of allowing more brands access to exclusive distribution networks on brand and market level outcomes. In the U.S., Anheuser Busch is the dominant firm in the beer industry and has exclusive dealing arrangements with many of its distributors. I looked at a recent beer distribution deal between Anheuser Busch and InBev that moved InBev brands into Anheuser Busch distribution networks. I collected beer distributor data before and after the event and matched them with a panel scanner dataset from a major grocery chain in Northern California. Using a difference-in-differences approach, I compared the changes in InBev market shares in markets in which InBev switched to Anheuser Busch distributors, to the changes in market shares in markets in which InBev switched to Anheuser Busch exclusive distributors. The results suggest that exclusive dealing matters in the beer industry: I find InBev market shares to be higher once allowed access to Anheuser Busch exclusive distribution networks. In addition, I do not find overall market quantity to be larger when more brands have access to Anheuser Busch exclusive networks. Instead, the results show cannibalization effects on existing brands' market share when a distributor acquires more brands. These results are more consistent with an incentive-based explanation for firms preferring exclusive contracts. Chapter 2 examines the effect of exclusive dealing on rival firms' entry decisions. I estimated an entry model of specialty beer producers in Northern California and tested whether exclusive dealing raises a firm's fixed costs. I modeled each firm's entry decision as a static entry game of incomplete information that allows for strategic interactions and employed a new panel scanner dataset from a major grocery chain in Northern California. Given that both firm and location profitability are heterogeneous, I controlled for post-entry demand conditions by estimating the demand for beer using a discrete choice model. Using the demand estimates and the predicted entry probabilities, I recovered a firm's fixed costs using a two-step estimator. I find some spillover effects on specialty beer producers' entry decisions. After taking strategic interactions into account, the results indicate that a firm has higher fixed costs at locations with exclusive distributors. The estimates also show that a firm is less likely to enter a location that is farther from its brewery, has lower expected demand or is smaller in store size. Finally, I implemented counter-factual experiments to study the effect of banning exclusive dealing. The results show that the welfare improvement associated with banning exclusive contracts is very small. Chapter 3 (joint with Christopher R. Knittel) considers a model of oligopolistic competition when upstream firms face capacity constraints. We studied the optimality conditions of upstream firms under vertical separation and vertical integration when firms compete on quantity. We illustrated the properties of the equilibrium wholesale and retail prices when the downstream market becomes less competitive with a numerical example. Using data on gasoline demand and refineries' capacity levels in California, we generated equilibrium wholesale and retail prices when the number of downstream firms varies. We find that whether a higher degree of retail market concentration results in higher retail price depends on market structure and the effectiveness of the capacity constraints. When independent refineries' capacity constraints are binding, the effect of a decrease in the number of independent retailers on retail gasoline price is very small.


EC Competition Law Essay - Article 81

EC Competition Law Essay - Article 81
Author: Veronica Hagenfeldt
Publisher: GRIN Verlag
Total Pages: 20
Release: 2011-03-30
Genre: Law
ISBN: 3640880315

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Scientific Essay from the year 2009 in the subject Law - European and International Law, Intellectual Properties, grade: Distinction, University of Edinburgh (School of Law), course: EC Competition Law, language: English, abstract: Despite the ambitious efforts of Article 81 to catch as much anticompetitive conduct as possible through its broadly defined “agreements” and “concerted practices”, the title statement is nevertheless correct in stating that genuinely unilateral conduct escapes its scope. By analysing the limitations of Articles 81 and 82 EC, Part 1 of the essay will establish what constitutes genuinely unilateral anticompetitive conduct that slips through the net of both Articles. However, it is not only the direct limitations of Article 81 that render it incapable of catching unilateral conduct, but also the problematic issue regarding the “exact delimitation of the concept of an ‘agreement’ within the meaning of Art 81(1), and the distinction between such an agreement and unilateral conduct”. This paper shares the view expressed in the title statement; Article 81 will require an amendment if it is to catch more unilateral conduct because its current flaws prevent it from achieving more. In order to justify this stance, this paper shall in Part 2 and Part 3 conduct a thorough investigation and evaluation of the legal evolution of how the European Courts and the Commission have determined where the borderline lies between unilateral conduct in vertical restraints and between an ‘agreement’ within the meaning of Article 81. As will be shown, the EC institutions – especially the Courts – have recently become more restrictive in their definition of what constitutes an agreement under Article 81. This development has had the regrettable result of allowing even more unilateral conduct to go uncaught. As a result of both the direct limitations of the Articles and of the now more restricted definition applied to an agreement, an amendment of Article 81 is in fact the only way in which this unilateral anticompetitive behaviour could be brought within the scope of EC competition law. Lastly, the essay disagrees with the notion that the proposed amendment would have the effect of encroaching on the provisions of Article 82, as it would target only genuinely unilateral conduct which by definition also escapes the provisions of Article 82.


Cartels and Anti-Competitive Agreements

Cartels and Anti-Competitive Agreements
Author: Sandra Marco Colino
Publisher: Routledge
Total Pages: 566
Release: 2017-03-02
Genre: Business & Economics
ISBN: 135195329X

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Antitrust is fast becoming a ’trending topic’, with over 120 countries having already adopted some form of competition legislation. This volume brings together carefully selected articles which reflect the evolution and progression of the regulation of joint conduct under competition law on both sides of the Atlantic, and which discuss principles of fundamental importance for antitrust law. The articles focus on various kinds of joint conduct between companies which might bear negative effects on competition, in particular on horizontal cartels and collusion between competitors. Attention is also paid to the debate surrounding the most adequate approach for vertical agreements, which take place between firms operating at different levels of production. Their effects on competition have traditionally been one of the most disputed issues in modern antitrust, and tend to divide the principal schools of thought that have influenced the evolution of competition policy around the world. The articles look primarily at two of the most established antitrust jurisdictions, namely the United States and the European Union. They discuss the general theoretical framework that has influenced the evolution of the law and policy; cover the most relevant practical developments; provide contrasting doctrinal views and pay particular attention to the main schools of thought that have influenced antitrust in the US and the EU; and are representative of the leading discussions in the course of antitrust history.


Antitrust Law and Economics

Antitrust Law and Economics
Author: Keith N. Hylton
Publisher: Edward Elgar Publishing
Total Pages: 311
Release: 2010-01-01
Genre: Law
ISBN: 1849805288

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In this outstanding new book Professor Keith Hylton and his collaborators examine what antitrust law has become over the past ten years, a time in which economic analysis has become its undisputed core. What has become of the old antitrust doctrine, what are the new issues for the immediate future? This book brings together the leading experts to examine this silent revolution at the core of US domestic policy. Mark Grady, UCLA School of Law, US Hylton s Antitrust Law and Economics brings together many of the best authors writing in antitrust today. Their essays range widely, covering proof of agreement under the Sherman Act, group boycotts, monopolization and essential facilities, tying and other vertical restraints, and merger policy. The writing is clear, accessible but still technically sophisticated and comprehensive. This book represents the best in contemporary antitrust scholarship, by authors who understand and are able to communicate the centrality of economic analysis to antitrust. No antitrust lawyer, serious antitrust student, or antitrust economist should be without this book. Herbert Hovenkamp, University of Iowa College of Law, US This comprehensive book provides an extensive overview of the major topics of antitrust law from an economic perspective. Its in-depth treatment and analysis of both the law and economics of antitrust is presented via a collection of interconnected original essays. The contributing authors are among the most influential scholars in antitrust, with a rich diversity of backgrounds. Their entries cover, amongst other issues, predatory pricing, essential facilities, tying, vertical restraints, enforcement, mergers, market power, monopolization standards, and facilitating practices. This well-organized and substantial work will be invaluable to professors of American antitrust law and European competition law, as well as students specializing in competition law. It will also be an important reference for professors and graduate students of economics and business.


Antitrust and the Bounds of Power – 25 Years On

Antitrust and the Bounds of Power – 25 Years On
Author: Oles Andriychuk
Publisher: Bloomsbury Publishing
Total Pages: 249
Release: 2023-01-26
Genre: Law
ISBN: 1509962158

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This collection of essays addresses the transformations ongoing in the field of competition law by analysing current developments through the prism of Giuliano Amato's Antitrust and the Bounds of Power – thereby building an intellectual bridge between past and present. Giuliano Amato's book, Antitrust and the Bounds of Power: The Dilemma of Liberal Democracy in the History of the Market was published by Hart in 1997. It has predicted, articulated, and explained many of the changes that have taken place in competition law in the last 25 years, and it is referred to by generations of competition lawyers as a key theoretical work. There are many mutually invigorating reasons and explanations for the paradigmatic transformations that have occurred in competition law, economics, and policy since the 1990s. Some are triggered by the internal evolution of competition law; others are determined by the broader societal context. In this book, leading competition law thinkers reflect on these metamorphoses; they explore the state of affairs in the field, connecting it with and advancing their analyses through the ideas developed by Giuliano Amato in his ground-breaking book. With an afterword by Giuliano Amato and a foreword by Frédéric Jenny, this book is essential reading for anyone interested in the evolution of competition law.


Vertical Integration and Regulation

Vertical Integration and Regulation
Author: Christoph Kleineberg
Publisher: Springer
Total Pages: 62
Release: 2019-01-17
Genre: Law
ISBN: 3030113582

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This book investigates under which circumstances vertical unbundling can lead to a more efficient market result. The assessment is based on an interdisciplinary approach combining law and economics. Drawing on the assessment, circumstances are subsequently presented under which unbundling might become necessary. Additionally, less severe means of regulatory intervention are suggested in order to protect competition. Given its scope, the book is chiefly intended for scholars and practitioners in the field of economic policy and regulation law; in addition, it will give interested members of the public a unique opportunity to learn about the underlying rationales of regulation law and regulation economics.


Vertical Restraints Under EU Competition Law

Vertical Restraints Under EU Competition Law
Author: Nicolas Petit
Publisher:
Total Pages: 0
Release: 2013
Genre:
ISBN:

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The purpose of this paper is to provide a full account of the new European rules on distribution agreements adopted in April 2010, i.e. Regulation 330/2010 and its concomitant Guidelines on Vertical Restraints. In doing so the paper covers all aspects of the law in this field - with the notable exception of agency agreements - and discusses the development of the law since the 1960s to the present day. Such development is principally characterised by an increased focus on the economic effects produced by vertical restraints and a movement away from a strict form-based approach. The paper is divided into five sections. Following a short introduction, section II sets out the different types of vertical restraint commonly found in commercial contracts of a vertical nature and the theories of harm (such as risks of foreclosure and collusion) and pro-competitive effects ascribed to them under EU competition law. Section II discusses not only those types of vertical restraint that one may traditionally come across - such as resale price maintenance clauses - but also discusses two novel areas, namely upfront access payments and category management agreements which relate to the issue of buyer power. Section III offers a step-by-step overview of the method that in our eyes ought ideally be followed by agencies, firms and their legal counsels when engaging in a self asssessment - in the post notification era - of vertical agreements under Article 101 TFEU. Section IV deals with the issue of online distribution, which sparked intense controversy during the stakeholder consultation process. In line with commercial reality and the ubiquity of online commerce it is in our opinion entirely appropariate that the new law on vertical restraints now provides extensive guidance on the issue. Finally a brief conclusion is provided in section V.


EU Competition Law and Policy

EU Competition Law and Policy
Author: Thorben Schenk
Publisher: GRIN Verlag
Total Pages: 60
Release: 2007-07
Genre: Law
ISBN: 3638649849

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Seminar paper from the year 2004 in the subject Law - European and International Law, Intellectual Properties, grade: 1,0 (A), Leeds Metropolitan University, course: EU Policy and Business, language: English, abstract: Competition between companies, governments and states within and across the global trading areas1 has become a vital part in this new world of less political and economical boundaries. Competition law therefore has to regulate the market powers of those who participate in the global exchange of goods and services. "There are now at least 80 systems of competition law in the world, in all continents and in all types of economies; many others are in contemplation.[...]"2. It has a substantial impact upon the outline of agreements. With Articles 81 and 82 of the EEC Treaty EU jurisprudence and the legislative bodies of the Member States (MMS) have a basis to work on this topic of immense importance. Ignoring the competition rules not seldom lead to large fines being levied by the European Commission (in July 1991 Tetra Pak was fined because of competition law infringement with a record sum of ₤52mn)3. The aim of this essay is to briefly outline the scope of EU ́s competition policy and laws and to give an insight into both the Agreements of Minor Importance ("de Minimis") and the impact of Competition Law on the topic of parallel (grey) imports. The latter is examined on a case study given. The basis of this essay consists of secondary literature taken from books, treaties, articles, notices or webpages. A full bibliography can be found at the end of the main part.


The Evolution of Antitrust in the Digital Era

The Evolution of Antitrust in the Digital Era
Author: Allan Fels
Publisher:
Total Pages: 304
Release: 2020-10-10
Genre:
ISBN: 9781950769612

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This collection of essays represents the first in a series of two volumes that set out to reflect the state of the art of antitrust thinking in digital markets in jurisdictions around the world. The issues it tackles are many: the role of innovation, the conundrum of big data, the evolution of media markets, and the question of whether existing antitrust tools are sufficient to deal with the challenges of digital markets. Each author tackles the overarching themes from their unique national perspective. The resulting tapestry reflects the challenges and opportunities presented by the modern digital era, viewed through the lens of competition enforcement.