Competition authorities across the globe have recently been paying close attention to the activity of large firms in high-tech markets, in particular Google, Amazon, Facebook and Apple. One estimate suggests that 30 cases have been opened by the authorities since 2010, and a third of these were launched in 2020.
One of the most prominent recent cases in the US courts concerns a complaint made by Epic Games, producer of the popular Fortnite game, against Apple. The background to the case is Apple’s standard practice on its App Store of taking a 30% cut of all paid app and in-app purchases. Therefore, a Fortnite player purchasing $10 worth of in-game currency would result in $7 for Epic and $3 for Apple.
However, in August 2020 Epic decided, contrary to Apple’s terms and conditions, to offer players an alternative way to purchase in-game currency. Gamers would see a choice screen giving them the option to buy currency through the Apple App Store or to buy it directly from Epic. Crucially, purchasing directly from Epic would be cheaper. For example, the same $10 worth of in-game currency on the App Store would cost only $8 if purchased directly from Epic.
It is clear to see why Epic was in favour of direct payments – it earns revenue of $8 instead of $7. However, note that the benefits for gamers are even larger – they save $2 by buying directly. In other words, Epic is passing on 2/3 of the cost saving to consumers.
Apple very quickly responded to Epic’s introduction of the direct purchase alternative by removing Fortnite from the App Store. Epic then filed a complaint with the US District Court.
The Epic v Apple court case
The case concerned Apple restricting game developers’ ability to promote purchasing mechanisms outside the App Store. However, more broadly, it also examined Apple’s complete control of the iOS app market since all apps must be distributed through the Apple App Store. Epic had previously disrupted PC games distribution by launching its own platform with lower fees. The setup of iOS and Apple’s actions against Epic make this an impossible way to reach users.
The Court’s analysis of the Epic v Apple case depended upon several key factors. First, the market definition. To be found to have breached competition law Apple must have a significant share of the market. If the market is defined as that for iOS apps, this is clearly the case. However, if, as Apple argues, it is broader, encompassing the options to play Epic games through web browsers, gaming consoles and PCs, then this is not the case.
Second, even if the market is narrowly defined, Apple argues that its control of the app distribution market is essential to provide user friendly and secure provision of apps. Furthermore, revenue extracted from app producers can enable more investment in the iOS. Without Apple controlling the market, app producers would be able to free-ride on the visibility the App Store provides for their apps.
The US Court announced its ruling on 10 September 2021. The judge decided that the market was broader than just iOS and thus Apple is not considered to be a monopolist. This has been touted as a major success for Apple, as it will allow the company to maintain its control of the app distribution market. However, the Court also ruled that Apple must allow game developers to link and direct users to alternative purchasing methods outside the App Store.
The Court’s decision in the Epic v Apple case closely follows concessions recently made by Apple for so called ‘reader apps’ such as Spotify and Netflix. Following an investigation by the Japanese authorities, these concessions allowed such apps to promote and receive purchases directly from consumers as long as they were made outside the app. These apps could be treated differently, as digital goods are consumed on multiple devices. However, the decision in the Epic case now extends such concessions to gaming apps.
It is unclear whether Apple will appeal the decision in the case Epic brought. If not, Apple stands to lose considerable revenue from its 30% share of in-app purchases. It will be very interesting to see how this ruling affects how Apple runs the App Store. Epic, on the other hand, has already made clear it will appeal the decision, aiming to prevent Apple gaining a share of any payment users make outside the app.
Matt Olczak and Jon Guest
- Why might a firm involved in a competition case, such as Apple, try to convince the authorities to define the relevant market as broadly as possible?
- Using the example of the Epic v Apple case, explain how Apple’s actions could be seen as both exclusionary and exploitative abuses of a dominant position.
The coronavirus pandemic and the climate emergency have highlighted the weaknesses of free-market capitalism.
Governments around the world have intervened massively to provide economic support to people and businesses affected by the pandemic through grants and furlough schemes. They have also stressed the importance of collective responsibility in abiding by lockdowns, social distancing and receiving vaccinations.
The pandemic has also highlighted the huge inequalities around the world. The rich countries have been able to offer much more support to their people than poor countries and they have had much greater access to vaccines. Inequality has also been growing within many countries as rich people have gained from rising asset prices, while many people find themselves stuck in low-paid jobs, suffering from poor educational opportunities and low economic and social mobility.
The increased use of working from home and online shopping has accelerated the rise of big tech companies, such as Amazon and Google. Their command of the market makes it difficult for small companies to compete – and competition is vital if capitalism is to benefit societies. There have been growing calls for increased regulation of powerful companies and measures to stimulate competition. The problem has been recognised by governments, central banks and international agencies, such as the IMF and the OECD.
At the same time as the world has been grappling with the pandemic, global warming has contributed to extreme heat and wildfires in various parts of the world, such as western North America, the eastern Mediterranean and Siberia, and major flooding in areas such as western Europe and China. Governments again have intervened by providing support to people whose property and livelihoods have been affected. Also there is a growing urgency to tackle global warming, with some movement, albeit often limited, in implementing policies to achieve net zero carbon emissions by some specified point in the future. Expectations are rising for concerted action to be agreed at the international COP26 climate meeting in Glasgow in November this year.
An evolving capitalism
So are we seeing a new variant of capitalism, with a greater recognition of social responsibility and greater government intervention?
Western governments seem more committed to spending on socially desirable projects, such as transport, communications and green energy infrastructure, education, science and health. They are beginning to pursue more active industrial and regional policies. They are also taking measures to tax multinationals (see the blog The G7 agrees on measures to stop corporate tax avoidance). Many governments are publicly recognising the need to tackle inequality and to ‘level up’ society. Active fiscal policy, a central plank of Keynesian economics, has now come back into fashion, with a greater willingness to fund expenditure by borrowing and, over the longer term, to use higher taxes to fund increased government expenditure.
But there is also a growing movement among capitalists themselves to move away from profits being their sole objective. A more inclusive ‘stakeholder capitalism’ is being advocated by many companies, where they take into account the interests of a range of stakeholders, from customers, to workers, to local communities, to society in general and to the environment. For example, the Council for Inclusive Capitalism, which is a joint initiative of the Vatican and several world business and public-sector leaders, seeks to make ‘the world fairer, more inclusive, and sustainable’.
If there is to be a true transformation of capitalism from the low-tax free-market capitalism of neoclassical economists and libertarian policymakers to a more interventionist mixed market capitalism, where capitalists pursue a broader set of objectives, then words have to be matched by action. Talk is easy; long-term plans are easy; taking action now is what matters.
Articles and videos
- Why the next stage of capitalism is coming
BBC Future, Matthew Wilburn King (27/5/21)
- During the pandemic, a new variant of capitalism has emerged
The Guardian, Larry Elliott (30/7/21)
- When it comes to social and environmental justice, words don’t cut it
GreenBiz, C J Clouse (28/4/21)
- Introducing the Council for Inclusive Capitalism with the Vatican
Inclusive Capitalism (7/12/20)
- The State and Direction of Inclusive Capitalism
Saïd Business School, Ford Foundation and Deloitte Social Impact practice, Richard Barker, Mary Johnstone-Louis, Colin Mayer, Pradeep Prabhala, Noah Rimland Flower, Theodore Roosevelt Malloch, Tony Siesfeld and Peter Tufano (2018)
- Rising Market Power—A Threat to the Recovery?
IMF Blog, Kristalina Georgieva, Federico J Díez, Romain Duval and Daniel Schwarz (15/3/21)
- The Pandemic Alone Can’t Transform Capitalism
Jacobin, Ramaa Vasudevan (30/7/21)
- Down to earth: How entrepreneurs can collaborate to rejuvenate capitalism
EU-Startups, Luca Sabia (4/8/21)
- How similar is the economic response of Western governments to the pandemic to their response to the financial crisis of 2007–8?
- What do you understand by ‘inclusive capitalism’? How can stakeholders hold companies to account?
- What indicators are there of market power? Why have these been on the rise?
- How can entrepreneurs contribute to ‘closing the inequality gap for a more sustainable and inclusive form of society’?
- What can be done to hold governments to account for meeting various social and environmental objectives? How successful is this likely to be?
- Can inequality be tackled without redistributing income and wealth from the rich to the poor?
Boeing and Airbus have called a truce in their 17-year battle over subsidies. During this period, both have accused each other of unfair government subsidies to their respective plane makers.
The long-running trade dispute
In October 2004, the USA requested the establishment of a WTO panel to consider whether Airbus was providing unfair subsidies to develop its new super-jumbo – the A380. This provoked a counter-request by Airbus, claiming unfair subsidies of $27.3 billion for Boeing by the US government since 1992. In July 2005, two panels were set up to deal with the two sets of allegations.
In June 2010, the WTO panel circulated its findings on Boeing’s case against Airbus. It found Airbus guilty of using some illegal subsidies to win contracts through predatory pricing, but dismissed several of Boeing’s claims because many of the subsidies were reimbursable at commercial rates of interest. However, some of the ‘launch aid’ for research and development was given at below market rates and so violated WTO rules. The report evoked appeal and counter-appeal from both sides, but the WTO’s Appellate Body reported in May 2011 upholding the case that ‘certain subsidies’ provided by the EU and member states were incompatible with WTO rules. In June 2011, the EU accepted the findings.
In March 2011, the WTO panel circulated its findings on Airbus’s case against Boeing. The EU claimed that ten specific measures amounted to subsidies to Boeing, which were inconsistent with the WTO’s rules on subsidies (the SCM agreement). It upheld three of ten alleged breaches, including subsidies between 1989 and 2006 of at least $5.3 billion. These subsidies were adjudged to have resulted in adverse effects to the EU’s interests, specifically in lost sales, especially to third-country markets, and in significantly suppressing the price at which Airbus was able to sell its aircraft.
But these rulings were not the end of the matter. Various appeals and counter-appeals were lodged by both sides with varying degrees of success. Also the disputes extended to other wide-bodied jets and to narrow-bodied ones too with claims by both sides of unfair subsidies and tax breaks.
On 9 June 2017 the WTO’s compliance panel rejected several EU claims that the USA had failed to withdraw all illegal subsidies to Boeing. However, it also found that the USA had not complied with an earlier ruling to abolish illegal tax breaks. Both sides claimed victory. Airbus claimed that the ruling had seen the WTO condemn non-compliance and new subsidies. In particular, it focused on the WTO ruling that Washington State subsidies had resulted in a significant loss of sales for Airbus. On the other hand, a Boeing press release spoke of a US win in a major WTO compliance ruling. Boeing claimed that that ruling meant that the United States had complied with ‘virtually all’ of the WTO’s decisions in the counter-case that the EU had filed against the USA in 2006.
On 27 June 2017, as expected, the EU challenged the WTO decision. This meant that the EU’s case would go back to the WTO’s appellate body, which was still considering a separate US case over state aid to Airbus.
On 15 May 2018, the WTO ruled that Airbus did not use unfair subsidies for narrow-bodied jets, such as the A320, which competes with the 737, but did for wide-bodied jets. The EU said that it would comply with the WTO ruling over the support for wide-bodied jets.
In 2019, the WTO ruled that the EU had illegally provided support to Airbus. The USA responded with tariffs of up to $7.5bn on a range of goods imported from the EU. In a parallel case, the WTO ruled that the US benefits to Boeing also violated trade rules, authorising the EU to impose tariffs on US imports worth roughly $4bn. Then in March 2020, the USA imposed a 15% tariff on Airbus aircraft.
Agreement was reached on 15 June 2021 in trade talks between the USA and the EU in Brussels. Both sides recognised that the dispute had been a negative-sum game, with both sides losing. It was thus agreed to suspend for five years all tariffs on aircraft and on a range of other goods, such as EU cheese and wine and US tobacco and spirits. The agreement did not include ending EU tariffs on US steel, however.
It was also agreed to work on an overarching agreement on subsidies, which would allow fair support by governments on both sides, and to co-operate in finding ways to counter unfair state investment in aircraft by China. US Trade Representative Katherine Tai said that the agreement ‘includes a commitment for concrete joint collaboration to confront the threat from China’s ambitions to build an aircraft sector on non-market practices’. China’s state-sponsored aerospace manufacturer, the Commercial Aircraft Corporation of China, or Comac, sees its C919, now in late stages of development, as a direct rival to the Airbus A320neo and the Boeing 737 Max.
To work out the details of US-EU collaboration, a working group will be set up. It will consider ways of ensuring that finance is provided on market terms, that R&D funding is transparent and that support given to aircraft manufactures will be equivalent by each side and will avoid harming the other side. It will consider just how the two sides can co-operate to address unfair competition from elsewhere.
Two days later, an almost identically worded deal was reached between the USA and the UK to end tariffs on a range of goods and join the EU-USA co-operation on aircraft manufacture.
- US and Europe end Airbus-Boeing dispute as they eye threat from China
CNN, Charles Riley and Kevin Liptak (15/6/21)
- After 17 years, truce nears in U.S.-Europe jet subsidy war
Reuters, Tim Hepher, Andrea Shalal, David Shepardson and Philip Blenkinsop (15/6/21)
- U.S, EU agree truce in 17-year Airbus-Boeing conflict
Reuters, Philip Blenkinsop (16/6/21)
- After EU, Britain and U.S. reach truce in aircraft trade dispute
Reuters, Tim Hepher and Alistair Smout (17/6/21)
- EU and US end Airbus-Boeing trade dispute after 17 years
Financial Times, Jim Brunsden, Sam Fleming, Aime Williams and James Politi (15/6/21)
- Boeing-Airbus trade row set to end after 17 years
BBC News (16/6/21)
- Biden, E.U. end 17-year Airbus-Boeing trade dispute, seek to calm relations after Trump
The Washington Post, Michael Birnbaum, Anne Gearan and David J. Lynch
- EU, U.S. Agree to Five-Year Truce in Boeing-Airbus Trade Dispute
Bloomberg, Alberto Nardelli, Nikos Chrysoloras and Jennifer Jacobs (15/6/21)
- Choose any one particular complaint to the WTO by either Boeing or Airbus and assess the arguments used by the WTO in its ruling.
- Are subsidies by aircraft manufacturers in the interests of (a) passengers; (b) society in general?
- Is collaboration between Boeing and Airbus in the interests of (a) passengers; (b) society in general?
- How is game theory relevant to the long-running disputes between Boeing and Airbus and to their relationships in the coming years?
- Would cheaper aircraft from China be in the interests of (a) passengers; (b) society in general?
- Explain what is meant by ‘strategic trade theory’. How is it relevant to aircraft manufacture?
One of the major economic concerns about the COVID-19 pandemic has been the likely long-term scarring effects on economies from bankruptcies, a decline in investment, lower spending on research and development, a loss of skills, discouragement of workers, disruption to education, etc. The result would be a decline in potential output or, at best, a slower growth. These persistent effects are known as ‘hysteresis’ – an effect that persists after the original cause has disappeared.
In a speech by Dave Ramsden, the Bank of England’s Deputy Governor for Markets & Banking, he argued that, according to MPC estimates, the pandemic will have caused a loss of potential output of 1.75%. This shortfall may seem small at first sight, so does it matter? According to Ramsden:
The answer is definitely yes for two reasons. First, a 1¾% shortfall as a share of annual GDP for the UK … represents roughly £39 billion – for context, that’s about half of the education budget. And second, that 1¾% represents a permanent shortfall, or at least a very persistent one, on top of the impact of the immediate downturn. If you lose 1¾% of GDP every year for ten years, then in total you have lost 17.5% of one year’s GDP, or around £390bn in 2019 terms
However, as the IMF blog linked below argues, there may be positive supply-side effects which outweigh these scarring effects, causing a net rise in potential GDP growth. There are two possible reasons for this.
The first is that the pandemic may have hastened the process of digitalisation and automation. Examples include ‘video conferencing and file sharing applications to drones and data-mining technologies’. According to evidence from a sample of 15 countries cited in the blog, a 10% rise in such intangible capital investment is associated with about a 4½% rise in labour productivity. ‘As COVID-19 recedes, the firms which invested in intangible assets, such as digital technologies and patents may see higher productivity as a result.’
The second is a reallocation of workers and capital to more productive sectors. Firms in some sectors, such as leisure, hospitality and retail, have relatively low labour productivity. Many parts of these industries have declined during the pandemic, especially those with high labour intensity. At the same time, there has been a rise in employment in firms where output per worker is higher. Such sectors include e-commerce and those where remote working is possible. The greater the reallocation from low labour-productivity to high labour-productivity sectors, the more will overall labour productivity rise and hence the more will potential output increase.
The size of these two effects will depend to a large extent on expectations, incentives and government policy. The blog cites four types of policy that can help investment and reallocation.
- Improved insolvency and restructuring procedures to enable capital in failed firms to be reallocated to sectors with potential for growth.
- Promoting competition to enable the exit and entry of firms into expanding sectors and to prevent powerful firms from blocking the process.
- Refocusing policy from retaining labour in existing jobs to reskilling workers for new jobs, thereby improving labour mobility from declining to expanding sectors.
- Addressing financial bottlenecks, so as to ensure adequate access to financing for viable firms.
Whether there will be a net increase or decrease in productivity from the pandemic very much depends on the extent to which firms and workers are able and willing to take advantage of new opportunities and the extent to which government supports investment in and reallocation to high-productivity sectors.
Blogs, articles and speeches
- Can actual economic growth be greater than potential economic growth (a) in the short run; (b) in the long run?
- Give some example of scarring effects from the COVID-19 pandemic.
- What effects might short-term policies to tackle the recession caused by the pandemic have on longer-term potential economic growth?
- What practical policies could governments adopt to encourage the positive supply-side effects of the pandemic? To what extent would these policies have negative short-term effects?
- Why might (endogenous) financial crises result in larger and more persistent reductions in potential output than exogenous crises, such as a pandemic or a war?
- Distinguish between interventionist and market-orientated supply-side policies to encourage the reallocation of labour and capital to higher-productivity sectors.
Back in October 2020 in the blog All change for the railways, we looked at the emergency measures for running the railways in Great Britain following the collapse in rail traffic because of the COVID-19 pandemic. We also looked ahead to plans for reorganising the railways, with the expectation that the current franchising system would be scrapped and replaced with a system whereby the train-operating companies (TOCs) would be awarded a contract to run rail services. They would be paid a performance-related fee. All ticket revenues would go to the government, which would bear the costs and the risks. While this would not be quite renationalisation, it would, in effect, be a contract system where private companies are paid to deliver a public service.
The Transport Secretary, Grant Shapps, has just announced the new system in a White Paper, which is indeed the anticipated contract system. The White Paper has drawn on the findings of the Williams Rail Review, independently chaired by Keith Williams.
The new system has the following features:
- A new public-sector body, Great British Railways (GBR), will be created which will eventually absorb Network Rail.
- GBR will produce five-year business plans. It will also develop a 30-year strategy to shape the long-term development of the railways and will include plans to decarbonise the whole rail network.
- It will be in charge of planning and operating rail infrastructure in England, including track, signalling, stations and depots.
- It will work closely with the devolved rail authorities in Scotland, Wales, London, Merseyside, and Tyne and Wear.
- It will set timetables, plan train operations, set most fares, sell tickets (at stations and on a new dedicated website) and collect revenues.
- The ticketing system will be reformed, with a single integrated system of fares across England, and potentially the devolved rail authorities too. The website will show the best and cheapest options for any given journey. New flexible season tickets will be introduced, allowing workers to travel on limited numbers of days: e.g. eight days in any 28-day period. Also, a new single compensation scheme will simplify the system for refunds.
- Private train-operating companies (TOCs) will run trains over particular routes. They will bid for Passenger Service Contracts (PSCs), which will be awarded by competitive tender. They will be paid a management fee, rather than receiving revenues from ticket sales. The fees will include performance incentives and penalties, which will depend on meeting targets for punctuality, reliability, safety and cleanliness.
- Rolling stock (trains, locomotives and freight wagons) will continue to be procured from the private sector, which will generally be leased to TOCs. It is hoped that by awarding PSCs for a number of years, TOCs will be encouraged to make large-scale procurements of rolling stock.
- GBR in England will be divided into five regional divisions, which will be ‘accountable to customers for their journeys; manage PSCs, stations and infrastructure; procure private partners, such as operators and contractors; manage budgets both locally and regionally; integrate track and train at a local level; work with and be responsive to the needs of local and regional partners, and integrate rail with other transport services’.
- GBR will be held to account by the Office of Rail and Road (ORR), which will monitor its performance.
In its White Paper, the government has recognised that, in many ways, rail privatisation has failed. Page 13 states:
Breaking British Rail into dozens of pieces was meant to foster competition between them and, together with the involvement of the private sector, was supposed to bring greater efficiency and innovation. Little of this has happened. Instead, the fragmentation of the network has made it more confusing for passengers, and more difficult and expensive to perform the essentially collaborative task of running trains on time.
But will the new system bring a better integrated, more efficient, punctual, reliable and greener railway, with more investment, an enlarged network and lower ticket prices? These are certainly aims of the White Paper. But a lot will depend on the details, yet to be finalised.
Crucially, it is not clear the extent to which the rail system will be subsidised. Will any subsidies internalise the positive externalities from rail travel? Also, it is not clear exactly what incentives and penalties will be introduced to encourage efficiency, punctuality, safety and cleanliness.
What is also not clear is the degree of contestability of rail routes and freight operations. Routes are contestable at the time of bidding for PSCs, with more efficient companies able to outbid the less efficient ones. But with changing conditions and the desire to maintain contestability, contracts need to be relatively short. However, it contracts are too short, there is no incentive for TOCs to invest in trains and infrastructure. Thus inherent in the PSC system is a tension between competition and investment.
It does seem that fares and tickets will be simpler, with greater use of ‘tapping in and out’ as in London and in many other countries, allowing fares to be capped when multiple journeys are made in any given time period. Ultimately, however, it is price, frequency, punctuality, comfort and reliability that are the crucial metrics. Success according to these will depend on how well GBR is run, how well the PSC system operates and how much the rail system is subsidised. The jury is out on these questions.
- UK rail looks to private sector in biggest shake-up since 1990s
Financial Times, Philip Georgiadis, Andy Bounds and Jim Pickard (20/5/21)
- UK Rail Review – Williams-Shapps Plan for Rail
The National Law Review, Graeme McLellan, Richard Hughes and John Voorhees (21/5/21)
- Great British Railways: Franchises scrapped and changes to season tickets as part of major revamp to UK’s train network
Sky News, Paul Kelso (20/5/21)
- Great British Railways plan aims to simplify privatised system
The Guardian, Gwyn Topham (19/5/21)
- How is the UK government planning to change the rail network?
The Guardian, Gwyn Topham (20/5/21)
- Better rail services promised in huge shake-up
BBC News (21/5/21)
- Rail reform: What does the shake-up mean for you?
BBC News, Kevin Peachey (21/5/21)
- Great British Railways: New public body to take over all trains and track in biggest reforms since privatisation
Independent, Jon Stone (20/5/21)
- Great British Railways body has been announced to run industry – but what about Scotland?
The Scotsman, Alastair Dalton (20/5/21)
- There’s nothing ‘great’ about this new British Railways revamp
The Guardian, Simon Jenkins (20/5/21)
- Explain how the franchising system has worked. What problems have arisen with this system?
- If the proposed new system also involves contracts being awarded to train-operating companies, how is it better than the old franchising system?
- What were the Emergency Measures Agreements (EMAs) introduced in the pandemic and the Emergency Recovery Measures Agreements (ERMAs) which replaced them in September 2020? How similar are they to the proposed system of Passenger Service Contracts (PSCs) with train-operating companies?
- Identify the externalities involved in train travel? What is the best way of internalising them?
- Argue the case for and against making train travel cheaper by increasing subsidies.
- To what extent are individual rail routes natural monopolies? Does a franchising system overcome the problems associated with natural monopolies?