Tag: competition policy

There has been an ongoing battle between Microsoft and Google for many years in the technology industry. Microsoft have received many fines in countless anti-trust cases, but Microsoft has now taken the upper hand in the most recent development, after filing its first official complaint with the regulators against Google. Microsoft is claiming that Google’s actions are restricting competition in the market and thereby abusing its dominant position. This complaint follows numerous complaints by small businesses. Microsoft’s Brad Smith said that they had been forced to act because of a:

“broadening pattern of conduct aimed at stopping anyone else from creating a competitive alternative”.

Google controls approximately 95% of the European search engine market and complaints have focused on actions that Google have taken to restrict competition, further its dominance in the market and thereby harm consumers. The European Commission is already investigating Google and will continue to discuss the case with all parties involved.

Microsoft takes on Google with antitrust complaint Guardian, Mark Sweney (31/3/11)
Minnow Microsoft v the Google giant BBC News Blog, Rory Cellan-Jones (31/3/11)
Adding our voice to concerns about search in Europe Microsoft Blog, Brad Smith (30/3/11)
Microsoft accuses Google of antitrust violations CNN Money, David Goldman (31/3/11)

Questions

  1. What constitutes a dominant position? In what forms can a firm abuse its dominant position?
  2. What is the purpose of anti-trust laws and competition policy?
  3. To what extent are Google’s actions against consumer’s interests?
  4. What anti-competitive practices have Google been accused of? Explain how each is against consumer’s interests and against the interests of its competitors.
  5. What are (a) the arguments for keeping interest rates at 0.5% and (b) the arguments for raising interest rates? Who wins and loses in each case?

You will probably have come across the concept of consumer sovereignty. In the mythical world of perfect markets, producers are at the beck and call of consumers. Firms that are not responsive to consumer demand go out of business. In other words, in order to survive they have to respond to any shifts in consumer demand. These in turn can be the result of changes in tastes, changes in income, changes in the prices of other goods, and so on.

Of course, the real world is not perfect, but it is still often assumed that consumers are powerful in influencing what firms sell and at what prices. Well, firms would much rather be in a position of manipulating consumer tastes and hence the huge amounts spent on advertising and marketing.

And it doesn’t end there. Firms use many pricing practices which, to put it mildly, try to confuse consumers or lure them into buying things by making them think they are getting something much cheaper than they really are. Take the case of airline tickets. Some budget airlines offer tickets at extremely low prices, such as 99p. But if you select such a flight, by the time you get to the final screen where taxes, charges, supplements, luggage, etc. are added, the price could exceed £100! And ask yourself this, when you buy something with 20% off, or when you buy ‘three for the price of two’ how rational was your decision? Did you really want the product? Was the offer really ‘genuine’?

The Office of Fair Trading has recently completed two investigations into pricing. As it stated 14 months ago when the investigations were launched:

The first, into online targeting of advertising and prices will cover behavioural advertising and customised pricing, where prices are individually tailored using information collected about a consumer’s internet use. It is expected that this study will be completed by spring 2010.

The second, into advertising of prices, will consider various pricing practices which may potentially mislead consumers. The study will look in particular, but not exclusively, at how these practices are used online.

The following articles look at some of the practices that firms use to drive sales – practices that deliberately attempt to manipulate the consumer. The assumption of ‘perfect knowledge’ by consumers may be a long way from the truth.

Articles
Shoppers lose out on ‘billions’ because of ‘deceitful’ marketing The Telegraph, Harry Wallop (2/12/10)
OFT warns retailers about ‘misleading’ price offers BBC News (2/12/10)
OFT cracks down on price gimmicks Guardian, Rebecca Smithers (2/12/10)
We’re all gulled by special offers BBC News blogs: Peston’s Picks, Robert Peston (2/12/10)

OFT publications
OFT warning on misleading pricing practices, OFT Press Release 124/10 (2/12/10)
OFT launches market studies into advertising and pricing practices, OFT Press Release 126/09 (15/10/09)
Advertising of Prices, Office of Fair Trading, OFT1291 (December 2010)
Advertising of Prices, Office of Fair Trading, project page
Advertising of Prices Study Overview, Office of Fair Trading, video

Questions

  1. Explain each of the different types of pricing practice investigated by the OFT.
  2. Which of the pricing practices are the most misleading for customers?
  3. What is meant by ‘invisible price increases’? How can they be used to mislead the consumer?
  4. Why do certain pricing practices make it hard for the Office for National Statistics to work out the rate of inflation?
  5. Explain the new framework the OFT is adopting for ‘prioritising enforcement action’.
  6. If we end up buying something that we didn’t really intend to buy, does this mean that we were being irrational?
  7. Is advertising generally in or against the interest of consumers? Explain your answer

Everyone knows about ‘Google’ – a search engine. But, if you’ve happened to google ‘Google’ recently, you’ll be aware that it is being investigated by the European Commission, following claims by other search engines that it is abusing its dominant position.

It is not against the law to have a monopoly, but anti-trust legislation does make it illegal to abuse that dominant position. Those making the complaints argue that Google manipulates its search results and puts competing services further down the page whenever you search for something. The investigation has been launched following:

“complaints by search service providers about unfavourable treatment of their services in Google’s unpaid and sponsored search results coupled with an alleged preferential placement of Google’s own services.”

Google operates two services: unpaid results and ads. The investigation will aim to see whether the method that Google uses to generate unpaid results is to the detriment of its competitors. The following articles look at this issue.

EU to launch Google search investigation Guardian, Mark Sweney (30/11/10)
EU launches antitrust probe into alleged Google abuse BBC News (30/11/10)
EU launches investigation into allegations that Google abuses its dominance of internet search Telegraph, Rupert Neate (30/11/10)
Google faces European Competition Inquiry BBC News (24/02/10)
EU launches Google investigation after complaints Reuters (30/11/10)

Questions

  1. What are the characteristics of a monopoly? Why is it argued to be against the consumer’s interest?
  2. To what extent does Google have a monopoly over internet searches?
  3. What is the purpose of the investigation into Google? If Google is found guilty of ‘abusing its dominant position’, what action could be taken?
  4. Why is competition argued to be a good thing? Could the EU’s investigation actually not be in the interests of the public?

There has been a 38% increase in profit margins made by energy companies in the last 2 months and it is this which has prompted an investigation by Ofgem, the electricity and gas market regulator in the UK. Alistair Buchanan, Ofgem’s chief executive, said:

“With Britain facing an investment bill of £20bn over the next 10 years, consumers have the right to expect that the energy retail market is providing them with value for money. Our analysis published today shows an increase in company margins from £65 to £90 at a time of rising energy prices, which causes Ofgem to rightly ask if companies are playing it straight with consumers.”

Three of the big six suppliers have recently announced price rises and the fast-track review by Ofgem will consider whether consumers should be better protected. Scottish Power has increased gas prices by 2% and electricity prices by nearly 9%, meaning some customers may pay an extra £138 per year. British Gas is also planning on raising prices from December 10th, with gas and electricity bills expected to increase by 7%. Scottish and Southern Energy said it will increase domestic gas tariffs by 9.4%. EDF has promised a price freeze – at least until after the winter and nPower and E.ON are yet to announce their plans, but we can expect some form of a price rise.

While the review won’t make any difference to customer bills in the short term, Ofgem does have the power to make some changes to the way the companies are run. It is also expected that Ofgem will ask for more legislative support from the government and the Competition Commission. Although there are several suppliers in the energy market, each has market power and their dominance is preventing new firms from entering. As Adam Scorer, Director of Reputation and Impact at Consumer Focus, said:

“They do not feel the hot breath of competition on their necks.”

Articles

Energy firms facing gas and electricity price review BBC News (26/11/10)
Energy firms face new Ofgem enquiry over price rises and increased profits Telegraph, Andrew Hough (26/11/10)
Ofgem promises review as energy firms boost profit margins 38% Guardian, Jill Treanor (26/11/10)
Fuel bills: turning up the heat Guardian (27/11/10)
Energy firms face profit rise probe The Press Association (26/11/10)
Scepticism greets energy price probe Financial Times, David Blair (26/11/10)
UK utilities face review after recent price hikes Reuters (26/11/10)
UK to review retail energy market after price rises Bloomberg, Business Week, Kari Lundgren (26/11/10)
Has the toothless energy regulator learnt how to bite? Independent on Sunday, Julian Knight (28/11/10)
How to beat the energy price rise Telegraph (20/11/10)
Ofgem must mean business this time Herald (27/11/10)

Ofgem Press Release
Ofgem to review the effectiveness of the retail energy market to see if further action is needed to protect consumers Ofgem (26/11/10)

Questions

  1. What type of market structure is the UK energy market?
  2. The BBC News article talks about barriers preventing new competitors from entering the market. What types of barriers exist in this sector?
  3. What is a profit margin?
  4. What is likely to be the impact on family income following such price rises? Illustrate this on a diagram.
  5. Britain faces a £200 billion bill to invest in updating the energy network. What sort of updates are being referred to?
  6. What power do regulators such as Ofgem actually have? Why won’t they be able to change the amount that consumers pay?

You might think that small environmentally-friendly companies would be moving into the green energy market: that setting up a wind farm, for example, would be a perfect business opportunity for a small company. In fact, the big companies are taking over this market. As the Der Spiegel article below states:

Europe’s wind energy sector is currently experiencing a major transformation. New massive offshore wind parks are soon expected to crop up off Europe’s coastline. Big companies like Siemens and General Electrics are increasing their stakes in a market worth billions. But experts warn that a new energy oligopoly may soon emerge.

So what is it about the wind energy market that makes it suitable for an oligopoly to develop? The two articles explore this question.

Winds of Change Der Spiegel, Nils-Viktor Sorge (1/11/10)
GE and Siemens Outpacing Wind Pioneers, Becoming Clean Energy’s “New Oligopoly” Fast Company, David Zax (2/11/10)

Questions

  1. What market failures are there in the wind energy market?
  2. What barriers to entry are there in the wind energy market?
  3. What economies of scale are there in this market?
  4. How are changes in this market affecting the minimum efficient scale of companies?
  5. Would there be room in the market for enough competitors to prevent collusion?
  6. How might the authorities prevent (a) open and (b) tacit collusion in the wind energy market?
  7. Do small wind energy companies have any market advantages?