The enforcement of Article 102 of the Treaty on the Functioning of the European Union (TFEU) by the European Commission (EC) tends to focus on exclusionary abuses by firms with significant market power. Exclusionary abuses are actions that limit or prevent competition, as opposed to exploitative abuses that directly harm the consumer, such as charging high prices.
The treatment of exclusionary abuses has evolved over time. Initially, the approach towards enforcement was form-based (i.e. the nature of the abuses), but this changed when the EC produced new guidelines in 2009 which signalled a move to a more effects-based approach.
The EC plans to produce a new set of guidelines in 2025 and published a draft version in August 2024 as part of the consultation process with businesses and other stakeholders. These draft guidelines indicate a partial shift back to a form-based approach. Any moves in this direction made by the EC are likely to influence both national-level competition authorities and the courts.
The form-based approach to policy enforcement
A form-based approach to the enforcement of Article 102 assumes that certain types of business conduct are inherently anti-competitive except in very exceptional circumstances. In other words, there is a presumption that the characteristics or form of the behaviour mean that it must have a negative impact on competition and consumer welfare in virtually all real-world cases.
With a form-based approach to enforcement there is no requirement for the authorities to carry out detailed case-specific analyses of business conduct as part of an investigation. This had been the approach adopted by the EC before 2009. It is possible, however, that the same form of business conduct could have anti-competitive effects in some market situations but pro-competitive effects in others. The EC was criticised for not making enough allowance for the chances of this happening.
The effects-based approach to policy enforcement
In response to this criticism the European Union published a new set of guidelines in 2009 which signalled that the enforcement of Article 102 was moving to a more effects-based approach. The effects-based approach uses economic analysis to assess the impact of a dominant firm’s conduct on a case-by-case basis. Context-specific evidence is examined by the competition authorities to see if the behaviour effectively excludes rival businesses from the market that are just as efficient as the dominant firm.
The use of economics in this effects-based approach gradually increased over time. Initially, the analysis was predominately based on theoretical arguments, but increasingly cases included sophisticated analysis of market-specific evidence using econometric models and market simulations. This, however, led to the following issues.
- The increasing use of complex economic analysis makes it more difficult to meet the evidentiary standards of the courts and prove a case. As the effects-based approach places a greater burden on the competition authorities to meet these evidentiary standards (i.e. provide evidence of case-specific anti-competitive effects of the conduct) it disproportionality affects their ability to prove cases.
- Businesses with significant market power are more likely to make large profits and so have access to greater resources than government-funded competition authorities. Therefore, they will be able to employ more economic consultants with the relevant technical expertise to (a) carry out the analysis and (b) communicate the findings effectively in a court case
This led to concerns that the competition authorities were losing cases where there was strong evidence of exclusionary conduct by the dominant firm.
In response to these concerns, the EC announced in 2023 that it would be revising its 2009 guidelines to improve enforcement of Article 102.
The draft guidelines
The draft guidelines published in August 2024 split different types of potentially anti-competitive conduct by dominant firms into three categories.
The first category includes types of conduct where there is a strong presumption of anti-competitive effects: i.e. the sole purpose of the business behaviour is to restrict competition. These types of conduct are referred to as a ‘naked restriction’ and the documentation provides the following three examples:
- making payments to customers (typically other businesses) on the condition that they cancel or postpone the launch of a product that uses inputs produced by the dominant firm’s rivals;
- threatening to withdraw discounts offered to suppliers unless they agree to supply the dominant firm’s product in place of a similar product produced by a rival firm;
- actively dismantling infrastructure used by a rival firm.
The guidelines indicate a form-based approach will be taken when investigating these types of conduct as the EC will not have to provide any case-specific evidence of anti-competitive effects. A business under investigation can challenge the presumption of anti-competitive effects with appropriate evidence, but the guidelines make it clear that this would only succeed in exceptional circumstances. In other words, it is highly unlikely that the conduct could ever be justified on pro-competitive grounds.
The second category of anti-competitive conduct includes actions that are also presumed to have a negative impact on competition. The presumption, however, is not as strong as with naked restrictions, so firms have a better chance of proving pro-competitive effects.
There is a form-based element towards this second category of conduct as the EC will not have to provide any initial case specific evidence of anti-competitive effects. But, if a business under investigation does submit evidence to challenge the presumption of anti-competitive effects, the EC must demonstrate that (a) it has fully assessed this evidence and (b) the evidence is insufficient to prove that the conduct does have pro-competitive effects. As part of this process, the EC can provide its own case-specific evidence. Therefore, for this second category of conduct, the initial burden of proof effectively shifts from the competition authority to the firm under investigation, making it more of a form-based approach. However, if the firm uses relevant evidence to appeal its case, the burden shifts back to the competition authority and becomes a more effects-based approach.
The third category includes types of conduct where the EC must initially provide case-specific evidence that it reduces competition. For this category of conduct, the approach towards enforcement remains the same as in the 2009 guidelines and an effects-based approach is adopted.
It will be interesting to see the extent to which the final guidelines (a) follow the approach outlined in the draft guidance and (b) influence the enforcement of Article 102 by the EC and other national-level competition authorities.
Articles
Questions
- What exactly does it mean if a firm has ‘significant’ market power?
- What methods do competitions authorities use to assess whether a firm has a dominant market position?
- Explain the difference between conduct by dominant firm that is (a) an exploitative abuse of its market power and (b) an exclusionary abuse of its market power.
- Explain why a form-based approach towards the enforcement of competition policy is more likely to lead to Type 1 errors (false positives), whereas an effects-based approach is more likely to lead to Type 2 errors (false negatives).
- Provide some examples of exclusionary abuses that are not considered to be naked restrictions.
- Competition policy guidance documents commonly refer to ‘competition on the merits’. What is the precise meaning of this term?
According to Ofcom’s November 2024 Online Nation report (see report linked below), UK adults are falling out of love with dating apps. Use of the top three platforms in the UK (Tinder, Hinge, and Bumble) is declining, even though most users are juggling multiple apps at once. So, what’s going on? Economics may have some valuable insights to help explain the decline.
Too much choice
First, dating platforms don’t function like typical commodity markets, where prices adjust until supply and demand balance. Instead, dating can be seen as what economists call a ‘matching market’, where success depends on mutual interest, not on a specific price. So even with thousands of potential matches, forming actual connections remains difficult, and more choice doesn’t necessarily translate into better outcomes.
In fact, more choice can backfire. The paradox of choice, a behavioural economics concept, suggests that too many options can lead to choice paralysis. Instead of feeling empowered by an abundance of potential partners, users can feel overwhelmed, unsure, and often less satisfied with whatever choice they end up making (if they make one at all).
So, while we often think of dating apps, like many other platforms, benefiting from positive network effects, where more users increase the platform’s value by offering more potential matches, this can also have negative effects. Swiping through endless profiles and repeating the same small talk, can turn dating into a chore rather than an exciting opportunity.
Adverse selection
What makes this even harder is that users can’t easily distinguish between who’s genuinely looking for the same thing you are, and who’s just there to pass the time. This information asymmetry leads to the adverse selection problem – a concept famously explored by economist George Akerlof in his 1970 paper ‘The Market for Lemons’ (see link below). He showed how lack of information about product quality can cause high-quality sellers to exit, resulting in market failure where the market becomes dominated by low-quality goods (i.e. ‘lemons’).
A similar dynamic can play out on dating apps. If users believe most profiles are unserious or not genuine, they become less willing to engage, or even stay on the platform. Meanwhile, the most genuine users may give up altogether, worsening the quality of the pool and discouraging others.
In economics, there are some well-known ways in which the problem of adverse selection could be overcome. One such possibility is through signalling, where the more informed person tries to reveal important information to the uninformed person. Indeed, platforms have experimented with signalling mechanisms, like verification tools for example. Paid subscriptions have also been implemented, which could help to some extent (assuming that those who are willing to pay are those who are genuine and serious about finding a match). But these solutions only go so far, and with fewer users paying to signal intent, the problem persists.
Lack of innovation
This ties into the wider revenue model of dating apps. Unlike many apps that rely on revenue from advertising on one side of the market to offer the app free to consumers on the other side, dating platforms often rely more on revenue through monthly subscriptions and paid upgrades. But with fewer users willing to pay, these platforms may be under pressure. This financial pressure may also affect their ability to innovate or improve the service.
In fact, in the dating app world, there is another reason why platforms may not be innovating as much as they should, aside from simply trying to convince their users to pay for a better service. While it seems like there’s endless choice in the dating app world, much of the market is controlled by a single company, InterActiveCorp (IAC), which owns Tinder, Hinge, Match.com and more. With limited competition, there’s less incentive to compete on quality.
Worse still, dating apps face a unique business problem: if their service works too well, users leave and delete the app. So, there may be a built-in tension between helping users succeed and keeping them swiping.
The outlook for dating apps
So, is the decline in dating app use just temporary, or the start of something bigger? Time will tell. However, from an economics perspective, there is a noticeable shift in demand towards substitutes, such as organised in-person social events and activities, which encourages more and more of these opportunities to emerge. This shift may reflect changing preferences and the costs (in terms of time and emotional energy) that users are willing to invest in online dating.
At the same time, AI already plays a key role in dating apps, and new possibilities seem to be emerging. For example, we could see a bigger rollout of AI-driven chatbots that facilitate conversations or even interact on behalf of users. This could make it easier to connect with potential matches and might help in addressing some of the other issues discussed above.
Articles
Video
Report
Questions
- How might ‘signalling’ and ‘screening’ be used to create new features or services that could help overcome the adverse selection problem in this market?
- Can you think of any other ways in which the adverse selection problem could be overcome in this context?
- Draw a diagram to illustrate the two-sided nature of the dating app market, making clear where there may be positive or negative network effects.
- How else might dating app platforms be making revenue that allows them to offer the app to users at no charge?
- Is the dating app market competitive? You might consider factors such as the availability of substitutes, barriers to entry and innovation.
In many countries, train fares at peak times are higher than at off-peak times. This is an example of third-degree price discrimination. Assuming that peak-time travellers generally have a lower price elasticity of demand, the policy allows train companies to increase revenue and profit.
If the sole purpose of ticket sales were to maximise profits, the policy would make sense. Assuming that higher peak-time fares were carefully set, although the number travelling would be somewhat reduced, this would be more than compensated for by the higher revenue per passenger.
But there are external benefits from train travel. Compared with travel by car, there are lower carbon emissions per person travelling. Also, train travel helps to reduce road congestion. To the extent that higher peak-time fares encourage people to travel by car instead, there will be resulting environmental and congestion externalities.
The Scottish experiment with abolishing higher peak-time fares
In October 2023, the Scottish government introduced a pilot scheme abolishing peak-time fares, so that tickets were the same price at any time of the day. The idea was to encourage people, especially commuters, to adopt more sustainable means of transport. Although the price elasticity of demand for commuting is very low, the hope was that the cross-price elasticity between cars and trains would be sufficiently high to encourage many people to switch from driving to taking the train.
One concern with scrapping peak-time fares is that trains would not have the capacity to cope with the extra passengers. Indeed, one of the arguments for higher peak-time fares is to smooth out the flow of passengers during the day, encouraging those with flexibility of when to travel to use the cheaper and less crowded off-peak trains.
This may well apply to certain parts of the UK, but in the case of Scotland it was felt that there would be the capacity to cope with the extra demand at peak time. Also, in a post-COVID world, with more people working flexibly, there was less need for many people to travel at peak times than previously.
Reinstatement of peak-time fares in Scotland
It was with some dismay, therefore, especially by commuters and environmentalists, when the Scottish government decided to end the pilot at the beginning of October 2024 and reinstate peak-time fares – in many cases at nearly double the off-peak rates. For example, the return fare between Glasgow and Edinburgh rose from £16.20 to £31.40 at peak times.
The Scottish government justified the decision by claiming that passenger numbers had risen by only 6.8%, when, to be self-financing, an increase of 10% would have been required. But this begs the question of whether it was necessary to be self-financing when the justification was partly environmental. Also, the 6.8% figure is based on a number of assumptions that could be challenged (see The Conversation article linked below). A longer pilot would have helped to clarify demand.
Other schemes
A number of countries have introduced schemes to encourage greater use of the railways or other forms of public transport. One of these is the flat fare for local journeys. Provided that this is lower than previously, it can encourage people to use public transport and leave their car at home. Also, its simplicity is also likely to be attractive to passengers. For example, in England bus fares are capped at £2. Currently, the scheme is set to run until 31 December 2024.
Another scheme is the subscription model, whereby people pay a flat fee per month (or week or year, or other time period) for train or bus travel or both. Germany, for example, has a flat-rate €49 per month ‘Deutschland-Ticket‘ (rising to €58 per month in January 2025). This ticket provides unlimited access to local and regional public transport in Germany, including trains, buses, trams, metros and ferries (but not long-distance trains). This zero marginal fare cost of a journey encourages passengers to use public transport. The only marginal costs they will face will be ancillary costs, such as getting to and from the train station or bus stop and having to travel at a specific time.
Articles
- Why a pilot scheme removing peak rail fares should have been allowed to go the distance
The Conversation, Rachel Scarfe (8/10/24)
- Return of peak rail fares a costly blow for commuters and climate, Scottish Greens say
Bright Green, Chris Jarvis (6/10/24)
Commuters react to return of peak train fares in ScotlandBBC News (1/10/24)
- Perth peak rail fares to Edinburgh rise by almost 60 percent as pilot scheme ends
Daily Record, Alastair McNeill (4/10/24)
- Ditch peak-time rail fares across UK, campaigners say
iNews, Adam Forrest (30/9/24)
- Train fares reduced by up to 20% in East Yorkshire
Rail Advent, Roger Smith (26/9/24)
- Deutschland-Ticket: Germany’s popular monthly transport pass will soon be more expensive
Euronews, Angela Symons (24/9/24)
- Fare Britannia: a new approach to public transport ticketing for the UK
Greenpeace report, Leo Eyles, Tony Duckenfield and Jim Steer (19/9/24)
- Ministers urged to trial monthly ‘climate card’ in North of England to save rail commuters money and cut emissions
About Manchester, Nigel Barlow (20/9/24)
Questions
- Identify the arguments for and against having higher rail fares at peak times than at off-peak times
- Why might it be a good idea to scrap higher peak-time fares in some parts of a country but not in others?
- Provide a critique of the Scottish government’s arguments for reintroducing higher peak-time fares.
- With reference to The Conversation article, why is it difficult to determine the effect on demand of the Scottish pilot of scrapping peak-time fares?
- What are the arguments for and against the German scheme of having a €49 per month public transport pass for local and regional transport with no further cost per journey? Should it be extended to long-distance trains and coaches?
- In England there is a flat £2 single fare for buses. Would it be a good idea to make bus travel completely free?
On Saturday 31 August, tickets for the much-heralded Oasis reunion tour went on sale through the official retailer, Ticketmaster. When the company sells tickets, the acts or their promoters can choose whether to use a static pricing system, where each type of ticket is sold at a set price until they have all been sold. Or they can use a dynamic pricing system (‘in-demand’ or ‘platinum’ tickets, as Ticketmaster calls them), where there is a starting price quoted, but where prices then rise according to demand. The higher the demand, the more the price is driven up. Acts or their promoters have the option of choosing an upper limit to the price.
Dynamic pricing
The Oasis tickets were sold under the dynamic pricing system, a system previously used for Harry Styles, Bruce Springsteen, Coldplay and Blackpink concerts, but one rejected by Taylor Swift for her recent Eras tour. Standing tickets for the Oasis concert with a face value of around £135 were quickly being sold for over £350. There were long online queues, with the prices rising as people slowly moved up the queue. When they reached the front, they had to decide quickly whether to pay the much higher price. Some people later suffered from buyer’s remorse, when they realised that in the pressure of the moment, they had paid more than they could afford.
Dynamic pricing is when prices change with market conditions: rising at times when demand exceeds supply and falling when supply exceeds demand. It is sometimes referred to as ‘surge pricing’ to reflect situations when price surges in times of excess demand.
Dynamic pricing is a form of price discrimination. It is an imperfect form of first-degree price discrimination, which is defined as people being charged the maximum price they are willing to pay for a product. Pricing in an eBay auction comes close to first-degree price discrimination. With dynamic pricing in the ticket market, some people may indeed pay the maximum, but others earlier in the queue will be lucky and pay less than their maximum.
Ticketmaster justifies the system of dynamic pricing, saying that it gives ‘fans fair and safe access to the tickets, while enabling artists and other people involved in staging live events to price tickets closer to their true market value’. The company argues that if the price is below the market value, a secondary market will then drive ticket prices up. Ticket touts will purchase large amounts of tickets, often using bots to access the official site and then resell them at highly inflated prices on sites such as Viagogo and Stubhub, where ticket prices for popular acts can sell for well over £1000. The day after Oasis tickets went on sale, Viagogo had seats priced at up to £26 000 each!
Oasis and Ticketmaster have tried to stamp out the unofficial secondary market by stating that only tickets bought through the official retailers (Ticketmaster, Gigsandtours and SeeTickets) will be valid. If fans want to resell a ticket – perhaps because they find they can no longer go – they can resell them on the official secondary market though Ticketmaster’s Fan-to-Fan site or Twickets. These official secondary sites allow holders of unwanted tickets to sell them for anything up to the original face value, but no more. Buyers pay a 12% handling fee. It remains to be seen whether this can be enforced with genuine tickets resold on the secondary market.
Examples of dynamic pricing
Dynamic pricing is not a new pricing strategy. It has been used for many years in the transport, e-commerce and hospitality sectors. Airlines, for example, have a pricing model whereby as a flight fills up, so the prices of the seats rise. If you book a seat on a budget airline a long time in advance, you may be able to get it at a very low price. If, on the other hand, you want a seat at the last minute, you may well have to pay a very high price. The price reflects the strength of demand and its price elasticity. The business traveller who needs to travel the next day for a meeting will have a very low price sensitivity and may well be prepared to pay a very high price indeed. Airlines also learn from past behaviour and so some popular routes will start at a higher price. A similar system of dynamic pricing is used with advance train tickets, with the price rising as trains get booked up.
The dynamic pricing system used by airlines and train companies is similar, but not identical, to first-degree price discrimination. The figure below illustrates first-degree price discrimination by showing a company setting the price for a particular product.
Assume initially that it sets a single profit-maximising price. This would be a price of P1, at an output of Q1, where marginal revenue (MR) equals marginal cost (MC). (We assume for simplicity that average and marginal costs are constant.) Total profit will be area 1: i.e. the blue area ((P1 – AC) × Q1). Area 2 represents consumer surplus, with all those consumers who would have been prepared to pay a price above P1, only having to pay P1.
Now assume that the firm uses first-degree price discrimination, selling each unit of the product at the maximum price each consumer is willing to pay. Starting with the consumer only willing to pay a price of P2, the price will go on rising up along the demand with each additional consumer being charged a higher price up to the price where the demand curve meets the vertical axis. In such a case, the firm’s profit would be not just the blue area, but also the green areas 2 and 3. Note that there is no consumer surplus as area 2 is now part of the additional profit to the firm.
Although dynamic pricing by airlines is similar to this model of first-degree price discrimination, in practice some people will be paying less than they would be willing to pay and the price goes up in stages, not continuously with each new sale of a ticket. Thus, compared with a fixed price per seat, the additional profit will be less than areas 2 + 3, but total profit will still be considerably greater than area 1 alone. Note also that there is a maximum quantity of seats (Qmax), represented by a full flight. The airline would hope that demand and its pricing model are such that Qmax is less than Q2.
Dynamic pricing also applies in the hospitality sector, as hotels raise the prices for rooms according to demand, with prices at peak times often being considerably higher than off-season prices. Rather then pre-setting prices for particular seasons, dates or weekends/weekdays, many hotels, especially chains and booking agents, adjust prices dynamically as demand changes. Airbnb offers property owners what it calls ‘Smart Pricing’, where nightly prices change automatically with demand.
Another example is Uber, which uses dynamic pricing to balance demand and supply location by location. In times of peak demand on any route, the company’s algorithm will raise the price. This will encourage people to delay travelling if they can or use alternative means of transport. It will also encourage more Uber drivers to come to that area. In times of low demand, the price will fall. This will encourage more people to use the service (rather than regular taxis or buses) and discourage drivers from working in that area.
Where dynamic pricing varies with the time or date when the purchase is made, it is sometimes referred to as inter-temporal pricing. It is a form of second-degree price discrimination, which is where a firm offers consumers a range of different pricing options for the same or similar products.
Another example of dynamic pricing, which is closer to first-degree price discrimination is the use of sophisticated algorithms and AI by Amazon, allowing it to update the prices of millions of products many times a day according to market conditions. Another is eBay auctions, where the price rises as the end date is reached, according to the willingness to pay of the bidders.
Attitudes to dynamic pricing
Consumers have grown accustomed to dynamic pricing in many industries. People generally accept the pricing model of budget airlines, for example. What makes it acceptable is that most people feel that they can take advantage of early low-priced seats and can compare the current prices on different flights and airlines when making their travel plans. Pricing is transparent. With the Oasis concert, however, there wasn’t the same degree of price transparency. Many people were surprised and dismayed to find that when they got to the front of the online queue, the price had risen dramatically.
People are familiar of dynamic pricing in the context of price cuts to shift unsold stock. Supermarkets putting stickers on products saying ‘reduced for quick sale’ is an example. Another is seasonal sales. What is less acceptable to many consumers is firms putting up prices when demand is high. They see it a profiteering. Many supermarkets are introducing electronic shelf labels (ESLs), where prices can be changed remotely as demand changes. Consumers may react badly to this if they see the prices going up. The supermarket, however, may find it a very convenient way of reducing prices to shift stock – something consumers are hardly likely to complain about.
Returning to the Oasis tour, the UK government responded to the outrage of fans as ticket prices soared. Culture Secretary, Lisa Nandy, announced that the government will investigate how surge pricing for concert tickets is used by official retailers, such as Ticketmaster. This will be part of a planned review of ticket sales that seeks to establish a fairer and more transparent system of pricing.
The problem is that, with some fans being prepared to pay very high prices indeed to see particular acts and with demand considerably exceeding supply at prices that fans would consider reasonable, some way needs to be found of rationing demand. If it is not price, then it will inevitably involve some form of queuing or rationing system, with the danger that this encourages touts and vastly inflated prices on the secondary market.
Perhaps a lesson can be drawn from the Glastonbury Festival, where prices are fixed, people queue online and where security systems are in place to prevent secondary sales by ticket touts. The 2024 price was set at £355 + a £5 booking fee and purchasers were required to register with personal details and a photo, which was checked on admission.
Update
On 5 September, the CMA announced that it was launching an investigation into Ticketmaster over the Oasis concert sales. Its concerns centred on ‘whether buyers were given clear and timely information, and whether consumer protection law was breached’. This followed complaints by fans that (i) they were not given clear and timely information beforehand that the tickets involved dynamic pricing and warned about the possible prices they might have to pay and (ii) on reaching the front of the queue they were put under pressure to buy tickets within a short period of time.
Meanwhile, band member stated that they were unaware that dynamic pricing would be used and that the decision to use the system was made by their management.
Videos
Articles
- Oasis ticket sales – everything you need to know about reunion
BBC News (27/8/24)
- Ticketmaster demand-based pricing system criticised
BBC News, Annabel Rackham (10/10/22)
- I loved Oasis – until I saw Ticketmaster’s dynamic pricing
Metro, Issy Packer (2/9/24)
- A supersonic swindle: my £1,423 Oasis Ticketmaster hell
The Guardian, Josh Halliday (1/9/24)
- Bands urged to oppose dynamic pricing of concert tickets after Oasis ‘fiasco’
The Guardian, Josh Halliday and Rob Davies (1/9/24)
- Oasis tickets: what is dynamic pricing and why is it used for live music?
The Guardian, Rob Davies (1/9/24)
- Viagogo defends reselling Oasis tickets for thousands of pounds as ‘legal’
City A.M. (31/8/24)
- Oasis fans face ‘eye-watering’ resale ticket prices
i News, Adam Sherwin (30/8/240
- Would you really pay €500 for an Oasis ticket?
RTE Brainstorm, Emma Howard (3/9/24)
- When ‘dynamic pricing’ works – and when it doesn’t
Investors’ Chronicle, Hermione Taylor (11/12/23)
- The pros, cons and misconceptions of dynamic pricing for retailers
Computer Weekly, Glynn Davis (20/6/24)
- Dynamic Pricing (Taylor’s Version)
Linkedin, Economic Insight (10/7/23)
- Dynamic pricing: successful companies that use this pricing strategy
PriceTweakers, Simon Gomez (25/5/24)
- Five lessons for businesses investigating dynamic pricing
FT Strategies
- Inflated Oasis ticket prices ‘depressing’ – government promises review of dynamic pricing
Sky News (2/9/24)
- Lisa Nandy hits out at ‘incredibly depressing’ Oasis ticket sale and orders probe into surge pricing
Independent, Archie Mitchell (2/9/24)
- Oasis ticket row: How Ticketmaster’s owner has grip on UK live music scene
BBC News, Chi Chi Izundu and James Stewart (4/9/24)
- CMA launches investigation into Ticketmaster over Oasis concert sales
CMA Press Release (5/9/24)
- Revealed: the touts offering Oasis tickets for thousands on resale sites
The Guardian, Rob Davies, Hannah Al-Othman and Tiago Rogero (7/9/24)
Questions
- What is the difference between dynamic pricing and surge pricing?
- What is buyer’s remorse? How could dynamic pricing be used while minimising the likelihood of buyer’s remorse?
- Distinguish between first-degree, second-degree and third-degree price discrimination. Do the various forms of dynamic pricing correspond to one or more of these three types?
- Distinguish between consumer and producer surplus. How may dynamic pricing lead to a reduction in consumer surplus and an increase in producer surplus?
- Should Ticketmaster sell tickets on the same basis as tickets for the Glastonbury Festival?
- Is Oasis a monopoly? What are the ticket pricing implications?
- Are there any industries where firms would not benefit from dynamic pricing? Explain.
- What are the arguments for and against allowing tickets to be sold on the secondary market for whatever price they will fetch?
- How powerful is Ticketmaster in the primary and secondary ticket markets?
The UK Competition and Markets Authority (CMA) has been investigating road fuel pricing in the UK. In July 2022, it launched a study into the development of the road-fuel market over recent years. The final report of this study was published in July 2023 and covered the refining, wholesale and retail elements of the market.
In the retail part of the market, the CMA noted some potential causes for concern: retailer fuel margins had increased; there were geographical variations in pricing; filling stations with fewer competitors tended to charge higher prices; retail prices tended to rise rapidly when oil prices increased but fell slowly when oil prices fell (known as ‘rocket and feather’ pricing patterns); motorway service stations charged considerably higher prices than supermarkets or other filling stations.
In response to these findings, the CMA has been publishing an interim report every four months. These reports give average pump prices and margins. They also give relative average pump prices between different types of retailer, and between each of the supermarkets.
The latest interim report was published on 26 July 2024. It reiterated the finding of the 2023 report that the fuel market has become less competitive since 2019. What is more, it continues to be so. In particular, the range of retail prices and the level of retail margins remain high compared to historic levels. The interim report estimates that ‘the increase in retailers’ fuel margins compared to 2019 resulted in increased fuel costs for drivers in 2023 of over £1.6bn’.
Price leadership
Road fuel retailing is an oligopoly, with the major companies being the big supermarkets, the retail arms of oil companies (such as Shell, BP, Esso and Texaco, operating their own filling stations) and a few large specialist companies, such as the Motor Fuel Group (MFG), the EG Group and Rontec, whose filling stations sell one or other of the main brands. But although it is an oligopoly producing a homogeneous product, it is not a cartel (unlike OPEC). Nevertheless, there has been a high degree of tacit collusion in the market with price competition limited to certain rules of behaviour in particular locations. A familiar one is setting prices ending in .9 of a penny (e.g. 142.9p), with the acceptance by competitors that Applegreen will set it ending at .8 of a penny and Asda at .7 of a penny.
One of the main forms of tacit collusion in areas where there are several filling stations is that of price leadership. Asda, and in some areas Morrisons, have been price leaders, setting the lowest price for that area, with other filling stations setting the price at or slightly above that level (e.g. 0.2p, 1.2p or 2.2p higher). Indeed, other major retailers, such as Tesco, Sainsbury’s, Esso and Shell took a relatively passive approach to pricing, unwilling to undercut Asda and accept lower profit margins.
Things changed after 2019. Asda chose to increase its profit margins. In 2022 it did this by reducing prices more slowly than would previously have been the case as wholesale prices fell. In other words, it used price feathering. Other big retailers might have been expected to use the opportunity to undercut Asda. Instead, they decided to increase their own margins by following a similar pricing path. The result was a 6 pence per litre increase in the average supermarket fuel margin from 2019 to 2022.
More recently, Asda has increased its margins more than other major retailers, making it no longer the price leader. The effect has been to put less pressure on other retailers to trim their now higher profit margins.
Remedies
The 2023 CMA report made two specific recommendations to deal with this rise in profit margins.
The first was that the CMA should be given a statutory monitoring function over the fuel market to ‘hold the industry to account’. In May this year, legislation was passed to this effect. This requires the CMA to monitor the industry and report anti-competitive practice to the government.
The second was to introduce a new statutory ‘open data real-time fuel finder scheme’. This would give motorists access to live, station-by-station fuel prices.
Several major retailers already contribute to a voluntary price data sharing scheme. However, this covers only around 40% of UK forecourts. According to the CMA, it ‘falls well short of the comprehensive, real-time, station-by station data needed to empower motorists and drive competition’. The CMA has thus called on the new Labour government to introduce legislation to make its recommended system compulsory. This, it is hoped, would make the retail fuel market much more competitive by improving consumer information about prices at alternative filling stations in their area.
Articles
CMA reports
Questions
- What forms can tacit collusion take?
- Why are fuel prices at motorway service stations so much higher than in towns? What is the relevance of the price elasticity of demand to the answer?
- What are the main findings of the CMA’s July 2024 Interim Report
- What is meant by rocket and feather pricing?
- What recommendations does the CMA make for increasing competition in the retail road fuel market?
- Find out how competitive retail fuel pricing is in two other developed countries. Why are they more or less competitive than the UK?