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Econ 425 1st Exam

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Price Fixing & Per Se Approach. Origins: Trans-Missouri. Peckham: ... Limits of the per se approach. NCAA vs. OU. NCAA limited # of TV games for CFB ... – PowerPoint PPT presentation

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Title: Econ 425 1st Exam


1
Econ 425 1st Exam
  • Review

2
1. Hazlett's view of Sherman
  • Main interest was McKinley tariff, known to be
    protectionist and anti-consumer
  • Legislators pro-tariff were pro-Sherman vice
    versa
  • Large enterprises were supplanting small ones
    efficient, Q, -P
  • Clear concern for protection of small business
    against more efficient, large firms

3
Fringe Firms Merger Offers
  • A DF uses market power to P by -Q
  • If a fringe plant were to merge, it adds to the
    profits of a DF
  • But profits of FF remaining independent are
    higher since it Q when P
  • Hence, DF can't offer enough to FF once the FF
    figures out the game
  • Remedy is a take-it-or-leave it offer contingent
    on widespread acceptance

4
Cournot Competition
  • 1. Show QCournot Q N/(N1)
  • Linear demand p(q) a - bQ
  • Max profit ? (a - bq - bQ')q - cq
  • Where Q' Q - q
  • Set d?/dq 0
  • q (a - bQ' - c ) / 2b
  • Q Nq ...............A little algebra......
  • a - c/b N/N1
  • Which is the result

5
Cournot Competition, con't
  • Implications for GFT
  • As N Q in Cournot -gt Q in comp model
  • implies GFT approaches comp benchmark
  • Conclusions
  • It does not take many firms to yield
    approximately competitive results
  • These calculations ignore threats of potential
    competition entry and are perhaps conservative
    (N has been held fixed

6
DOJ Approach to Market Definition
  • Basic Approach Would a Small Price Increase be
    Profitable?
  • Approach expand definition of product/geog area
    to incorporate more firms/products.
  • Assess profitability of a price increase
  • Stop when you find that price increase would be
    profitable. This is to DOJ "a market"
  • New approach is systematic and provides clearer
    signals to firms when merger challenges are
    unlikely
  • This reduces regulatory uncertainty allows the
    95 of unchallenged and presumably efficient
    mergers to take place in unimpeded fashion

7
Sherman Common Law
  • Common law opposed to monopoly, ditto Sherman
  • Common law only negated enforceability of
    contracts in restraint of trade Sherman made
    them illegal (toughened stance)
  • Common law evolves slowly Sherman was a quick
    fix at a time of increasing business size and
    widespread creation of trusts
  • Sherman solved public good/free rider problem by
    creating standing for gov't agency to sue on
    behalf of consumers

8
Williamsonian Tradeoff
  • Bigger firms may have cost advantage by also may
    have market power
  • Tradeoff cost savings versus welfare
    consequences of market power
  • If cost savings exceed welfare triangle from
    lower output bigger is better
  • Such combinations should not be challenged if
    objective of law is efficiency
  • Note I tend to believe this tradeoff is mostly
    imaginary in an economy with free entry

9
Price Fixing Per Se Approach
  • Origins Trans-Missouri
  • Peckham reasonableness is no defense
  • Logic
  • Makes sense court would sink in quicksand and
    act like a public utility commission if it had to
    judge reasonableness of fixed prices
  • Some act so clearly a restraint of trade that
    inquiry into their effects is pointless per se
    approach (if facts established, case closed)
    makes law's job much easier

10
Limits of the per se approach
  • NCAA vs. OU
  • NCAA limited of TV games for CFB
  • Effect was to limit competition
  • Court ruled against NCAA
  • BMI vs. CBS
  • Joint licensing buy the whole package and pay a
    fee
  • Court found that joint licenses were efficient
    price effects were secondary to the primary
    objective of minimizing transactions costs
    between 1000s of artists and 1000s of stations
  • Court allowed to joint licensing form of contract
  • Clear Difference no efficiency rationale in the
    NCAA case to overcome the per se treatment
    accorded to price fixing

11
Mix Match
  • Addyston Pipe (1897) _________B, D_____
  • American Tobacco (1911)_________A_______
  • Brown Shoe (1962) ________G______
  • Northern Securities (1904) ________E, C______
  • Standard Oil (1911) ________A, F____
  • Staples-Office Depot (1997) _______G_____
  • Trans-Missouri (1895) ___________C_____
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