Tag: collusion

Six of the major tea producing countries – India, Kenya, Sri Lanka, Indonesia, Rwanda and Malawi – have formed an International Tea Producers’ Forum (ITPF). Together these countries produce slightly more than the world’s tea. The hope of the members of the new ITPF is that their cartel will allow them to increase the price of tea to the growers and to create greater price stability.

According to the Assam Tribune article below:

ITPF’s main objectives include – safeguarding the interests of the tea-producing countries, evolving collective solutions for the problems facing the producers, providing technical cooperation, sharing of technology and expertise by the member countries, undertaking market studies and research projects to address any specific issues concerning tea in general or any variety of tea, among others.

And according to the article from Sri Lanka’s Daily News:

Chairman of the Planters’ Association of Ceylon, which represents the interests of 23 Regional Plantation Companies, Lalith Obeyesekere said this was a landmark occasion. Sri Lanka particularly looks to the forum to provide long-term sustainability to the tea industry in maintaining price stability and quality standards, among the other objectives set out in the mandate… The Planters’ Association said they were confident that Sri Lanka could use the ITPF to re-look at the industry in order that local tea producers realize their full potential.

Sri Lanka’s plantation industries minister Mahinda Samarasinghe said:

The bulk of production is in the hands of smallholders. So there’s a need to increase their incomes. Price stability is definitely important.

The main aim of the ITPF over the longer term is likely to be to raise tea prices. The chart shows international tea prices from 1983 to the present day. As you can see, they have fluctuated considerably. Note that these are prices in nominal terms and hence do not take inflation into account. Click here for a PowerPoint of the chart.

But if the main aim is to increase prices to tea growers, how could this be achieved? One objective of the ITPF is to stimulate demand for tea by ‘promoting tea consumption through generic promotional campaigns’. The aim would be to encourage people to switch from coffee and soft drinks.

But to take advantage of its market power, the cartel might also want to reduce tea production, thereby pushing up the price. This, of course, would be more feasible if it had a larger than 50% share of the market.

Although production quotas are not currently part of the agreement, these are likely to be considered at future meetings, especially if the three other large producers – China, Vietnam and Iran – can be persuaded to join.

China, with some 38% of the market, is the world’s largest tea producer. Although it sent an observer to the meeting (as did Iran), it was not one of the signatories. If it could be persuaded to join the cartel, this would increase its power. Nevertheless, China specialises in different types of tea, mainly green teas, and is not the world’s biggest exporter – that is Kenya.

Articles

Tea nations join forces Radio New Zealand (25/1/13)
International Tea Producers’ Forum formed Assam Tribune, Ajit Patowary (23/1/13)
Planters’ Association upbeat on newly formed International Tea Producer’s Forum Daily News (Sri Lanka) (26/1/13)
Leaf Lobby: Sri Lanka hosts tea producer forum Lanka Business Online (24/1/13)
‘Tea cartel’ formed by biggest producing nation BBC News (23/1/13)
Tea producers brew up plan to raise prices Emirates 24/7 (23/1/13)

Data

Tea Monthly Price – US cents per Kilogram Index Mundi

Questions

  1. What are the stated aims of the newly formed ITPF? How realistic are they?
  2. What conditions are necessary for a cartel to be successful in raising prices over the long term?
  3. With reference to the chart, what can you say about the real price of tea over the period 1983 to 2013?
  4. To what extent are these conditions met by the ITPF?
  5. Why may a rise in tea prices in the supermarkets not result in a rise in prices to tea growers?
  6. How may tea growers benefit from the ITPF even if the Forum does not result directly in a rise in prices to growers?
  7. How can game theory help to explain the possible behaviour of members of a cartel and producers outside the cartel?

Last week, the European Commission imposed a record fine of almost €1.5b on a group of firms found to have been involved in price fixing. Between 1996 and 2006 these firms fixed world-wide prices of cathode ray tubes which are used to make TV screens and computer monitors.

The firms involved in fixing the prices in one or both of these markets included household names such as Samsung, Panasonic, Toshiba and Philips. As these tubes accounted for over half the price of a screen this clearly had a significant knock-on effect on the amount final consumers paid. The European competition agency only discovered the cartel when it was informed that it had been in operation by Chunghwa, a Taiwanese company that had also been involved. Therefore, under the Commission’s leniency policy Chunghwa was granted full immunity from the fines.

The cartel members held frequent meetings in cities across Europe and Asia. The top level meetings were known as ‘green meetings’ as they were often followed by a round of golf. Interestingly, this is not the first time the game of golf has featured in an international cartel. In the famous lysine cartel an informant working for the FBI used the quality of the golf courses to convince the cartel members to meet in Hawaii, where the FBI had the jurisdiction to secretly record the meeting as evidence.

The screen tube cartel is one of the most highly organised cartels the European Commission has ever detected. Different prices were even fixed for individual TV and computer manufacturers. Furthermore, compliance with the cartel agreement was strictly monitored with plant visits to audit how much firms were producing. The cartel was also clearly very aware that it was breaking the law and that information needed to be concealed as some of the documents discovered stated that they should be destroyed after they had been read. One document even said that:

“Everybody is requested to keep it as secret as it would be serious damage if it is open to customers or European Commission.”

Another interesting feature of the cartel is that it occurred at a time when the technology was being replaced by LCD and plasma screens. Therefore, the cartel appears to have been partly motivated by a desire to mitigate the negative impact the declining market would have on the firms involved.

According to the Independent newspaper:

“Philips said it would challenge what it called a disproportionate and unjustified penalty. Panasonic and Toshiba are also considering legal challenges. Samsung reserved its comment.

TV makers in record 1.47bn-euro fine BBC News (05/12/12)
TV computer makers fined $1.93 billion for price fixing Corporate Crime Reporter (05/12/12)
European antitrust fines: a new wave of deterrence? EurActiv, Mario Mariniello (11/12/12)

Questions

  1. What is the impact of a successful cartel on economic welfare?
  2. Describe the impact declining demand has on firms in a competitive market.
  3. Why might it have been necessary for the cartel to charge different prices to individual TV and computer manufacturers?
  4. Why would the cartel need to audit how much members are producing?
  5. Why do competition authorities offer immunity to firms that inform them about cartel behaviour?
  6. Based on the evidence in the articles, do you think the firms involved have grounds to appeal the fines imposed?

Cartels are formal collusive agreements between firms, typically to fix prices, restrict output or divide up markets. As in the case of monopoly, the lack of competition may harm consumers, who are likely to have to pay higher prices. This, as economic theory demonstrates, results in a reduction in overall welfare.

For this reason competition authorities throughout the world now impose substantial fines on firms found to be involved in collusive activities and participants also face the threat of substantial jail sentences.

One of the most famous cartels is the Organization of Petroleum Exporting Countries (OPEC). This is an agreement between 12 countries to limit their production of oil. The OPEC cartel has been in place for over 50 years. Arguably, the intergovernmental nature of the cartel and political ramifications of intervening have meant that OPEC has been able to operate free from prosecution for so long.

However, very interestingly Freedom Watch, a US public interest group founded by a former US Department of Justice lawyer, has this week filed a lawsuit against OPEC for violation of competition laws. Quoted in the above press release, Larry Klayman, the founder of Freedom Watch, says that:

These artificially-inflated crude oil prices fall hard on the backs of Americans, many of whom cannot afford to buy gasoline during these severely depressed economic times.

Furthermore, how some of the members use the profits gained from the cartel is also called into question. He also goes on to suggest that the lack of intervention from US government agencies may be because the leaders of both political parties:

… line their pockets from big oil interests and are just sitting back and not doing anything.

This is not the first time that Freedom Watch has served a lawsuit on OPEC. In 2008, at an OPEC meeting in Florida:

In a bold move in front of members of the news media, Freedom Watch Chairman and Chief Legal Counsel Larry Klayman literally jumped out from behind a line of TV cameras and microphones on Friday, October 24, to serve a complaint on an OPEC oil minister.

That complaint was unsuccessful.

It will be fascinating to see the outcome of this latest case and, if successful, the implications for OPEC – updates to appear on this blog in due course.

Articles

Profile: Opec, club of oil producing states BBC News (01/02/12)
OPEC accused of conspiracy against consumers WND World, Bob Unruh (09/05/12)
Freedom Watch Attorney Sues OPEC Oil Minister for Economic Terrorism Conservative Crusader, Jim Kouri (31/10/08)

Lawsuits

Lawsuit brought by Freedom Watch inc. against OPEC (7/5/12)
Lawsuit brought by Freedom Watch inc. against OPEC (9/6/08)

Questions

  1. Why are cartels so severely punished?
  2. Why might it be important to punish the individuals involved as well as fine the cartel members?
  3. Why is fixing the price of oil particularly harmful for the economy?
  4. Why do you think the OPEC cartel has survived for so long?
  5. What do you think might be the long term implications of the lawsuit for OPEC?

Fuel prices at German petrol stations fluctuate wildly – by up to €0.14 per day. They are also often changed several times per day. In morning rush hours, when demand is less elastic, prices may shoot up, only to drop again once people are at work.

But is this a sign of healthy competition? Critics claim the opposite: that it’s a sign of the oligopoly power of the oil companies. More than two-thirds of Germany’s petrol stations are franchises of five big oil companies: BP/Aral, Esso, Jet, Shell and Total. These five companies directly control the prices at the pumps. According to the Der Spiegel article below, oil companies:

have sophisticated computer systems that allow them to precisely control, right down to the minute, when they increase their prices nationwide, and by how many cents. The prices are not set by the individual franchise holders. Instead, they are centrally controlled – for example, in the town of Bochum, at the headquarters of Aral, a BP subsidiary that is the market leader in Germany.

The price manager merely presses a button and price signs immediately change at all 2,391 Aral service stations in Germany. All filling stations are electronically linked with Bochum via a dedicated network called Rosi. After each price increase, they watch closely to see how the competition reacts and whether they follow suit.

… If the competitor’s prices are significantly cheaper, the Aral franchise holder can, with the help of Rosi, apply for permission to reduce the prices again.

Not only do the oil companies control the prices at the pumps, but they observe closely, via their franchise holders, the actions of their rivals, and then respond in ways which critics claim is collusive rather than competitive. The problem has become worse with the introduction of incentives to the franchise owners of additional commission if they exceed the price of their competitors within the local area. This has the effect of ratcheting prices up.

The sophisticated pricing strategies, with prices adjusted frequently according to price elasticity of demand, are making it very hard for independent operators to compete.

In response, the German Cartel Office has launched an investigation into the oil companies and in particular into the issues of collusion and frequent price changes and how these impact on independent operators.

German anti-trust authority probes alleged fuel cartel Deutsche Welle (4/4/12)
German antitrust watchdog to probe oil majors-paper Reuters, Ludwig Burger (3/4/12)
Oil giants probed over claims they rigged petrol prices in Germany The Telegraph, Nathalie Thomas (4/4/12)
BP, Exxon, Esso, Jet, Shell and Total in Germany Price Fix Probe International Business Times (9/4/12)
German cartel office probes petrol company pricing MarketWatch (4/4/12)
Kartellverfahren gegen fünf Mineralölkonzerne (in German) Frankfurter Allgemeine Zeitung, Helmut Bünder and Manfred Schäfers (4/4/12)
Crazy gas prices driving German consumers mad msnbc, Andy Eckardt (3/4/12)
Big Oil’s Strategy for Jacking Up Gas Prices Der Spiegel, Alexander Jung and Alexander Neubacher (5/4/12)

Questions

  1. What the features of the German road fuel oligopoly?
  2. Why does the price elasticity of demand for petrol and diesel vary with the time of day? Is it likely to vary from one week to another and, if so, why?
  3. In what ways have the actions of the big five oil companies been against the interests of the independent petrol station operators?
  4. Consider the alternatives open to the German Federal Cartel Office for making the market more competitive.
  5. Would it be a good idea for the big five German companies to be forced to adopt the Western Australian system of price changes?

There is a growing consensus amongst the political parties in the UK that something needs to be done to end the huge pay rises of senior executives. According to the High Pay Commission, directors of FTSE 100 companies saw their remuneration packages rise by 49% in 2010. Average private-sector employees’ pay, by contrast, rose by a mere 2.7% (below the CPI rate of inflation for 2010 of 3.3% and well below the RPI inflation rate of 4.6%), with many people’s wages remaining frozen, especially in the public sector. (See Directing directors’ pay.) In 1979 the top 0.1% took home 1.3% of GDP; today the figure is 7%.

But agreeing that something needs to be done, does not mean that the parties agree on what to do. The Prime Minister, reflecting the views of Conservative ministers, has called for binding shareholder votes on top executives’ pay. The Liberal Democrats go further and are urging remuneration committees to be opened up to independent figures who would guard against the cosy arrangement whereby company heads set each other’s pay. The Labour Party is calling for worker representation on remuneration committees, simplifying remuneration packages into salary and just one performance-related element, and publishing tables of how much more bosses earn than various other groups of employees in the company.

So what measures are likely to be the most successful in reining in executive pay and what are the drawbacks of each measure? The following articles consider the problem and the proposals.

Articles
Parties draw up battle lines over excessive executive pay Guardian, Patrick Wintour and Nicholas Watt (9/1/12)
David Cameron’s plans for executive pay may not end spiralling bonuses Guardian, Jill Treanor (8/1/12)
Executive pay: what would Margaret Thatcher have done? Guardian Politics Blog, Michael White (9/1/12)
Businesses tell the PM he’s wrong about ‘fat cat’ pay Independent, Nigel Morris (9/1/12)
Directors’ pay is not the Government’s business The Telegraph, Telegraph View (9/1/12)
I’ll end merry go round of bosses’ pay, says David Cameron Scotsman (9/1/12)
Find a place at the table for public interest directors Scotsman, leader (9/1/12)
Cameron vows executive pay crackdown Financial Times, George Parker (9/1/12)
Q&A: Voting on executive pay BBC News (8/1/12)
Will shareholders crack down on executive pay? BBC News, Robert Peston (8/1/12)
Why didn’t investors stop high executive pay? BBC News, Robert Peston (9/1/12)

Report
Cheques With Balances: why tackling high pay is in the national interest Final report of the High Pay Commission (22/11/11)

Questions

  1. Why has the remuneration of top executives risen so much faster than average pay?
  2. What market failures are there in the determination of executive pay?
  3. What insights can the theory of oligopoly give into the determination of executive pay?
  4. Compare the proposals of the three main parties in the UK for tackling excessive executive pay?
  5. To what extent is it in the interests of shareholders to curb executive pay?
  6. Why may it be difficult to measure the marginal productivity of senior executives?
  7. To what extent would greater transparency about pay awards help to curb their size?
  8. What moral hazards are involved in giving large increases in remuneration to senior executives?