The Competition Commission (CC) recently completed their provisional investigation into the cement and concrete market in Great Britain (press release). They concluded that coordination between the main cement producers is resulting in high prices.
In contrast, to illegal cartels (see for example the recent post on this site), the firms in this market are not accused of doing anything illegal. Instead, the CC’s concern is with tacit collusion. Here, no illegal communication between firms takes place, firms simply do not compete intensely due to a mutual understanding that high prices are collectively beneficial.
Economic theory suggests that one key factor that facilitates tacit coordination is a low number of firms in the market. The UK cement market certainly meets this criteria as it is an oligopoly with just three main players plus a new entrant. The CC concluded that:
In a highly concentrated market where the product doesn’t vary, the established producers know too much about each other’s businesses and have concentrated on retaining their respective market shares rather than competing to the full.
They estimate that this cost consumers over £180m in a 3 year period.
Whilst tacit collusion is not illegal, competition authorities can try to prevent it from arising by intervening in mergers that they believe will make it more likely. In fact, the new entrant to the cement market came about due to sales required by the CC before they would allow a joint-venture between two of the main players to go ahead. Clearly the CC’s recent findings suggest that this intervention was not sufficient to ensure intense competition in the market. However, an additional tool available to the authorities in the UK is to be able to remedy harm to competition undercovered as a result of an investigation into the market. In some cases this may even involve breaking-up firms in the market (see for example the decision to force BAA to sell several airports).
When deciding on how to remedy the problem in the cement market, the CC will be keen to avoid the past mistakes of their Danish counterparts. In a famous case, in 1993 the Danish authorities attempted to increase competition in the concrete market by publishing individual sellers’ prices. The idea was that this would stimulate competition by encouraging buyers to shop around. However, evidence published here suggests that this in fact increased prices by around 15%! Why? The paper examines possible explanations and concludes that the information published by the competition authorities helped firms to monitor each others behaviour and therefore facilitated tacit coordination in the market. This is entirely consistent with economic theory which shows that another key factor which facilitates tacit coordination is market transparency.
The CC suggest that such monitoring is also possible in the GB market:
Established information channels such as price announcement letters can signal their plans, and tit-for-tat behaviour and cross-sales can be used to prevent or retaliate against any moves to disturb the overall balance between the different players in this market.
According to the above press release, the remedies the CC are considering include: the sale of capacity or plants by the leading players in the market, creation of buying groups, prohibition on price announcements and restrictions on the publication of industry level data. This suggests that the CC are well aware that reducing market transparency can play a key role in preventing coordination. It will be fascinating to, first, see what the CC opt for, then, what impact this has on competition in the industry.
Articles
Same product, same price? Competition in the UK Global Cement (22/05/13)
Competition Commission uncovers `serious problems’ in cement market Graham Huband, The Courier (22/05/13)
Competition Commission call for cement sell-off Mark Leftley, London Evening Standard (21/05/13)
Competition Commission documents
CC looks to break open cement market Competition Commission Press Release (21/5/13)
Aggregates, cement and ready-mix concrete market investigation Competition Commission core documents (various dates)
Questions
- Explain tacit collusion using a Prisoner’s dilemma game.
- Is cement the type of product where we might expect coordination to be most likely?
- Why is cement an important market in the UK economy?
- The first article above suggests that most of the management team at the new entrant came from the other main players in the market. Do you think this may significantly affect the likelihood of tacit collusion?
- Evaluate the pros and cons of the alternative remedies the CC are considering.
Competition authorities across the world are in a constant battle against the abuse of monopoly power and the collusion of oligopolists to gang up against the consumer. They are also concerned with mergers where these result in a reduction in competition. The following articles look at market power in Australia and at some high profile cases of oligopolist collusion. Examples include the big four banks in Australia and the two supermarket giants, Coles and Woolworths, which dominate the sector.
The articles also examine the role of the Australian Competition and Consumer Commission, Australia’s equivalent to the UK’s Competition Commission and Office of Fair Trading (soon to be merged).
Articles
Get out of monopoly free cards can’t be left to the roll of the dice Sydney Morning Herald, Jessica Irvine (27/10/10)
Australia watchdog adds voice to criticism of banks Reuters (22/10/10)
Major banks to beat wage rise The Australian, Blair Speedy (6/10/10)
Analysis: Australian firms forced into deals abroad Reuters, Michael Smith and Sonali Paul (21/10/10)
Hockey outlines plan for banking reform Business Spectator (25/10/10)
Banks are laughing all the way to… the bank Sydney Morning Herald, Josh Gordon (24/10/10)
Xenophon: ACCC Allows Woolworths & Lowes to Hurt Consumers & Competition Mathaba (27/10/10)
Woolies still the target of Coles firepower Sydney Morning Herald, Michael Baker (27/10/10)
Competition authority in Australia
Australian Competition and Consumer Commission
Questions
- In what ways can competition authorities bring about greater competition in oligopolistic industries?
- Explain the distinction between a demand-side and a supply-side approach to competition policy.
- Why do Australian airlines find it more difficult than Australian banks to pass on cost increases to consumers?
- Are highly competitive markets always better for consumers than oligopolistic ones? Explain.
As part of its drive to reduce the number of ‘quangos’ (quasi-autonomous, non-governmental organisations), the government has decided to merger the two main competition authorities: the Competition Commission and the Office of Fair Trading. The aim is to streamline the investigation of mergers, restrictive practices and the abuse of monopoly power, thereby saving costs and reducing the time taken before a decision is made. At present an initial OFT investigation can take many months before a reference is then made to the Competition Commission, which then starts the process of investigation from the beginning again.
Business leaders have welcomed the announcement, seeing the merger as a means of simplifying and speeding up investigations. But will the proposal be more effective in preventing the abuse of market power and encouraging competition? The following articles look at some of the issues.
OFT merger to shake up competition regime in UK Belfast Telegraph (15/10/10)
Competition lawyers gear up for merger of OFT and Competition Commission Legal Week, Friederike Heine (14/10/10)
Labour’s antitrust system dismantled Financial Times, Michael Peel (13/10/10)
Watchdog merger that merits review Financial Times (14/10/10)
Merged competition agency divides opinion Financial Times, Michael Peel (14/10/10)
Office of Fair Trading and Competition Commission to merge Guardian, Julia Kollewe (14/10/10)
Concerns at merger of OFT and Competition Commission Telegraph, Alistair Osborne (15/10/10)
Questions
- What are the current roles and responsibilities of the OFT and the Competition Commission?
- What types of market abuse are the two agencies designed to reduce or prevent? What instruments do they have at their disposal for enforcing their findings?
- What are the arguments in favour of the merger of the two agencies?
- What are the dangers of the merger?
- How will consumer protection be provided under the new regime?
August is usually a quiet month for mergers and acquisitions. But not this August! As the linked Independent article below states:
Korea National Oil Corporation’s £1.87bn hostile bid for Dana Petroleum yesterday was just the latest in a surge of activity taking merger and acquisition (M&A) levels to a nine-month high.
Despite edgy economic data from the US, global deal-making has already topped $197bn (£127bn) so far this month, and is on course to beat the August record of $260bn set in 2006, according to Thomson Reuters. This week’s $89.8bn total is the highest weekly total since early November.
During the global recession of 2008/9, M&A activity slumped. In 2007, global M&As were worth $4162bn. In 2009 they were worth only $2059bn. Not only were companies cautious of acquiring other companies in a period of great economic uncertainty, but finance for deals was hard to obtain. Now, with many companies having cut costs and having much healthier balance sheets, they are in a position to bid for other companies. And banks too are much more able and willing to provide the finance to support takeovers.
So does this signify a continuing surge in M&A activity? Or are the August figures likely to be a ‘blip’, with fears of a double-dip recession dampening any renewed takeover fever? The articles below look at the recent cases and at the factors influencing current M&A activity.
Articles
Stock markets catch deal fever as M&A booms again Independent, Sarah Arnott (21/8/10)
BHP, Intel, RSA shatter usual August M&A lull Reuters, Quentin Webb (20/8/10)
Global M&A volume could be highest in August International Business Times, Surojit Chatterjee (21/8/10)
Mergers and acquisitions mania disrupts bankers’ summer breaks Guardian, Elena Moya (21/8/10)
Merger mania predicted as cash-rich firms stalk takeover targets Observer, Richard Wachman (22/8/10)
M&A Signal Higher Stock Prices Ahead Minyanville, Terry Woo (20/8/10)
From slowest to busiest TodayOnline (21/8/10)
Data and Reports
International
The era of globalized M&A: Winds of change Thomson Retuers and J.P.Morgan (June 2009)
Preliminary M&A Financial Press Release 2Q10 Thomson Reuters (25/6/10)
World Investment Report 2010: Annex Tables United Nations Conference on Trade and Development (UNCTAD) (see tables 9–16)
UK data
Mergers and Acquisitions involving UK companies Office for National Statistics
Mergers & Acquisitions data Office for National Statistics
Mergers and acquisitions involving UK companies: 1st Quarter 2010 Office for National Statistics (2/6/10)
Mergers and Acquisitions Tables Office for National Statistics
Questions
- Identify the reasons why firms want to take over other firms.
- Why does M&A activity tend to increase during a period of economic boom and decline during a recession?
- What is likely to happen to M&A activity over the coming months?
- Exmamine two recent mergers or acquistions and explain why the acquiring company was keen to take over the other company, or why the two companies were keen to merge. Were there any economies of scale to be gained? Would the merger increase the acquiring company’s market power?
Two of America’s airlines have agreed to merge to form the world’s largest carrier. The deal between United and Continental Airlines is worth £2.1 billion and the management of the two companies hope that the new airline, to be called United Airlines, will bring cost savings of some £800 million per year. Last year, the two companies lost a total of £900 million. It is also hoped to increase revenues by providing more routes and more effective competition against rivals, such as Delta Air Lines.
But just how significant will any economies of scale be and to what extent will they involve job losses? Certainly the merger has been greeted with caution by the Air Line Pilots Association and unions such as the International Association of Machinists and Aerospace Workers. Also, will the larger company be able to compete more effectively to the benefit of consumers, or will the increased market power see a rise in fares?
And this is not the only airline merger. In April, British Airways and Iberia of Spain signed a deal to merge, thereby creating one of the world’s biggest airlines. Other mergers are expected as airlines battle to cope with rising costs and lower passenger numbers in the wake of the global recession. So will such mergers benefit passengers, or will it simply result in less choice and higher fares? The following articles look at the issues
Articles
1st priority for new United-Continental combo: Keep customers, workers happy Chicago Tribune, Julie Johnsson (3/5/10)
Debating future of US Airways Philadelphia Business Today, Linda Loyd (4/5/10)
Arpey points out good, bad of United-Continental deal The Dallas Morning News, Terry Maxon (3/5/10)
US airline merger creates world’s biggest carrier Independent, Nick Clark (4/5/10)
We can’t fix fares, says chief of merging US airlines Telegraph, James Quinn (3/5/10)
United and Continental Airlines to merge BBC News (3/5/10)
British Airways and Iberia sign merger agreement BBC News (8/4/10)
Are mergers good for airlines? BBC News, Edwin Lane (4/5/10)
United boss Glenn Tilton on Continental merger BBC News (3/5/10)
United and Continental bosses’ press conference on merger BBC News (3/5/10)
Data
Aviation Data & Statistics Federal Aviation Administration
TransStats RITA, Bureau of Transportation Statistics
Airline and Airport Statistics European Regions Airline Association
Questions
- What type of merger is the one between United and Continental: horizontal, vertical, conglomerate or a mixture?
- What types of economies of scale can be achieved by a merger of airlines?
- For what reasons may a merger of airlines result in higher revenues?
- To what extent will passengers (a) gain and (b) lose from airline mergers? What determines the size of these gains and losses?
- Is the airline industry an oligopoly? To what extent is there collusion between the various airlines?
- What should be the attitude of regulatory authorities across the world to airline mergers?
The Competition Commission (CC) recently completed their provisional investigation into the cement and concrete market in Great Britain (press release). They concluded that coordination between the main cement producers is resulting in high prices.
When deciding on how to remedy the problem in the cement market, the CC will be keen to avoid the past mistakes of their Danish counterparts. In a famous case, in 1993 the Danish authorities attempted to increase competition in the concrete market by publishing individual sellers’ prices. The idea was that this would stimulate competition by encouraging buyers to shop around. However, evidence published here suggests that this in fact increased prices by around 15%! Why? The paper examines possible explanations and concludes that the information published by the competition authorities helped firms to monitor each others behaviour and therefore facilitated tacit coordination in the market. This is entirely consistent with economic theory which shows that another key factor which facilitates tacit coordination is market transparency.