XXX. The Benefits of Oligopolies

The Wall Street Journal has recently published an elegiac

list:

"Twenty years ago, cable television was dominated by a

patchwork of thousands of tiny, family-operated

companies. Today, a pending deal would leave three

companies in control of nearly two-thirds of the market.

In 1990, three big publishers of college textbooks

accounted for 35% of industry sales. Today they have

62% ... Five titans dominate the (defense) industry, and

one of them, Northrop Grumman ... made a surprise

(successful) $5.9 billion bid for (another) TRW ... In

1996, when Congress deregulated telecommunications,

there were eight Baby Bells. Today there are four, and

dozens of small rivals are dead. In 1999, more than 10

significant firms offered help-wanted Web sites. Today,

three firms dominate".

Mergers, business failures, deregulation, globalization,

technology, dwindling and more cautious venture capital,

avaricious managers and investors out to increase share

prices through a spree of often ill-thought acquisitions -

all lead inexorably to the congealing of industries into a

few suppliers. Such market formations are known as

oligopolies. Oligopolies encourage customers to

collaborate in oligopsonies and these, in turn, foster

further consolidation among suppliers, service providers,

and manufacturers.

Market purists consider oligopolies - not to mention

cartels - to be as villainous as monopolies. Oligopolies,

they intone, restrict competition unfairly, retard

innovation, charge rent and price their products higher

than they could have in a perfect competition free market

with multiple participants. Worse still, oligopolies are

going global.

But how does one determine market concentration to start

with?

The Herfindahl-Hirschmann index squares the market

shares of firms in the industry and adds up the total. But

the number of firms in a market does not necessarily

impart how low - or high - are barriers to entry. These are

determined by the structure of the market, legal and

bureaucratic hurdles, the existence, or lack thereof of

functioning institutions, and by the possibility to turn an

excess profit.

The index suffers from other shortcomings. Often the

market is difficult to define. Mergers do not always drive

prices higher. University of Chicago economists studying

Industrial Organization - the branch of economics that

deals with competition - have long advocated a shift of

emphasis from market share to - usually temporary -

market power. Influential antitrust thinkers, such as

Robert Bork, recommended to revise the law to focus

solely on consumer welfare.

These - and other insights - were incorporated in a theory

of market contestability. Contrary to classical economic

thinking, monopolies and oligopolies rarely raise prices

for fear of attracting new competitors, went the new

school. This is especially true in a "contestable" market -

where entry is easy and cheap.

An Oligopolistic firm also fears the price-cutting reaction

of its rivals if it reduces prices, goes the Hall, Hitch, and

Sweezy theory of the Kinked Demand Curve. If it were to

raise prices, its rivals may not follow suit, thus

undermining its market share. Stackleberg's amendments

to Cournot's Competition model, on the other hand,

demonstrate the advantages to a price setter of being a

first mover.

In "Economic assessment of oligopolies under the

Community Merger Control Regulation, in European

Competition law Review (Vol 4, Issue 3), Juan Briones

Alonso writes:

"At first sight, it seems that ... oligopolists will sooner or

later find a way of avoiding competition among

themselves, since they are aware that their overall profits

are maximized with this strategy. However, the question

is much more complex. First of all, collusion without

explicit agreements is not easy to achieve. Each supplier

might have different views on the level of prices which

the demand would sustain, or might have different price

preferences according to its cost conditions and market

share. A company might think it has certain advantages

which its competitors do not have, and would perhaps

perceive a conflict between maximising its own profits

and maximizing industry profits.

Moreover, if collusive strategies are implemented, and

oligopolists manage to raise prices significantly above

their competitive level, each oligopolist will be confronted

with a conflict between sticking to the tacitly agreed

behaviour and increasing its individual profits by

'cheating' on its competitors. Therefore, the question of

mutual monitoring and control is a key issue in collusive

oligopolies".

Monopolies and oligopolies, went the contestability

theory, also refrain from restricting output, lest their

market share be snatched by new entrants. In other words,

even monopolists behave as though their market was fully

competitive, their production and pricing decisions and

actions constrained by the "ghosts" of potential and

threatening newcomers.

In a CRIEFF Discussion Paper titled "From Walrasian

Oligopolies to Natural Monopoly - An Evolutionary

Model of Market Structure", the authors argue that:

"Under decreasing returns and some fixed cost, the market

grows to 'full capacity' at Walrasian equilibrium

(oligopolies); on the other hand, if returns are increasing,

the unique long run outcome involves a profit-maximising

monopolist".

While intellectually tempting, contestability theory has

little to do with the rough and tumble world of business.

Contestable markets simply do not exist. Entering a

market is never cheap, nor easy. Huge sunk costs are

required to counter the network effects of more veteran

products as well as the competitors' brand recognition and

ability and inclination to collude to set prices.

Victory is not guaranteed, losses loom constantly,

investors are forever edgy, customers are fickle, bankers

itchy, capital markets gloomy, suppliers beholden to the

competition. Barriers to entry are almost always

formidable and often insurmountable.

In the real world, tacit and implicit understandings

regarding prices and competitive behavior prevail among

competitors within oligopolies. Establishing a reputation

for collusive predatory pricing deters potential entrants.

And a dominant position in one market can be leveraged

into another, connected or derivative, market.

But not everyone agrees. Ellis Hawley believed that

industries should be encouraged to grow because only size

guarantees survival, lower prices, and innovation. Louis

Galambos, a business historian at Johns Hopkins

University, published a 1994 paper titled "The Triumph of

Oligopoly". In it, he strove to explain why firms and

managers - and even consumers - prefer oligopolies to

both monopolies and completely free markets with

numerous entrants.

Oligopolies, as opposed to monopolies, attract less

attention from trustbusters. Quoted in the Wall Street

Journal on March 8, 1999, Galambos wrote:

"Oligopolistic competition proved to be beneficial ...

because it prevented ossification, ensuring that

managements would keep their organizations innovative

and efficient over the long run".

In his recently published tome "The Free-Market

Innovation Machine - Analysing the Growth Miracle of

Capitalism", William Baumol of Princeton University,

concurs. He daringly argues that productive innovation is

at its most prolific and qualitative in oligopolistic markets.

Because firms in an oligopoly characteristically charge

above-equilibrium (i.e., high) prices - the only way to

compete is through product differentiation. This is

achieved by constant innovation - and by incessant

advertising.

Baumol maintains that oligopolies are the real engines of

growth and higher living standards and urges antitrust

authorities to leave them be. Lower regulatory costs,

economies of scale and of scope, excess profits due to the

ability to set prices in a less competitive market - allow

firms in an oligopoly to invest heavily in research and

development. A new drug costs c. $800 million to develop

and get approved, according to Joseph DiMasi of Tufts

University's Center for the Study of Drug Development,

quoted in The wall Street Journal.

In a paper titled "If Cartels Were Legal, Would Firms Fix

Prices", implausibly published by the Antitrust Division

of the US Department of Justice in 1997, Andrew Dick

demonstrated, counterintuitively, that cartels are more

likely to form in industries and sectors with many

producers. The more concentrated the industry - i.e., the

more oligopolistic it is - the less likely were cartels to

emerge.

Cartels are conceived in order to cut members' costs of

sales. Small firms are motivated to pool their purchasing

and thus secure discounts. Dick draws attention to a

paradox: mergers provoke the competitors of the merging

firms to complain. Why do they act this way?

Mergers and acquisitions enhance market concentration.

According to conventional wisdom, the more concentrated

the industry, the higher the prices every producer or

supplier can charge. Why would anyone complain about

being able to raise prices in a post-merger market?

Apparently, conventional wisdom is wrong. Market

concentration leads to price wars, to the great benefit of

the consumer. This is why firms find the mergers and

acquisitions of their competitors worrisome. America's

soft drink market is ruled by two firms - Pepsi and Coca-

Cola. Yet, it has been the scene of ferocious price

competition for decades.

"The Economist", in its review of the paper, summed it up

neatly:

"The story of America's export cartels suggests that when

firms decide to co-operate, rather than compete, they do

not always have price increases in mind. Sometimes, they

get together simply in order to cut costs, which can be of

benefit to consumers".

The very atom of antitrust thinking - the firm - has

changed in the last two decades. No longer hierarchical

and rigid, business resembles self-assembling, nimble, ad-

hoc networks of entrepreneurship superimposed on ever-

shifting product groups and profit and loss centers.

Competition used to be extraneous to the firm - now it is

commonly an internal affair among autonomous units

within a loose overall structure. This is how Jack

"neutron" Welsh deliberately structured General Electric.

AOL-Time Warner hosts many competing units, yet no

one ever instructs them either to curb this internecine

competition, to stop cannibalizing each other, or to start

collaborating synergistically. The few mammoth agencies

that rule the world of advertising now host a clutch of

creative boutiques comfortably ensconced behind Chinese

walls. Such outfits often manage the accounts of

competitors under the same corporate umbrella.

Most firms act as intermediaries. They consume inputs,

process them, and sell them as inputs to other firms. Thus,

many firms are concomitantly consumers, producers, and

suppliers. In a paper published last year and titled

"Productive Differentiation in Successive Vertical

Oligopolies", that authors studied:

"An oligopoly model with two brands. Each downstream

firm chooses one brand to sell on a final market. The

upstream firms specialize in the production of one input

specifically designed for the production of one brand, but

they also produce he input for the other brand at an extra

cost. (They concluded that) when more downstream

brands choose one brand, more upstream firms will

specialize in the input specific to that brand, and vice

versa. Hence, multiple equilibria are possible and the

softening effect of brand differentiation on competition

might not be strong enough to induce maximal

differentiation" (and, thus, minimal competition).

Both scholars and laymen often mix their terms.

Competition does not necessarily translate either to

variety or to lower prices. Many consumers are turned off

by too much choice. Lower prices sometimes deter

competition and new entrants. A multiplicity of vendors,

retail outlets, producers, or suppliers does not always

foster competition. And many products have umpteen

substitutes. Consider films - cable TV, satellite, the

Internet, cinemas, video rental shops, all offer the same

service: visual content delivery.

And then there is the issue of technological standards. It is

incalculably easier to adopt a single worldwide or

industry-wide standard in an oligopolistic environment.

Standards are known to decrease prices by cutting down

R&D expenditures and systematizing components.

Or, take innovation. It is used not only to differentiate

one's products from the competitors' - but to introduce

new generations and classes of products. Only firms with

a dominant market share have both the incentive and the

wherewithal to invest in R&D and in subsequent branding

and marketing.

But oligopolies in deregulated markets have sometimes

substituted price fixing, extended intellectual property

rights, and competitive restraint for market regulation.

Still, Schumpeter believed in the faculty of "disruptive

technologies" and "destructive creation" to check the

power of oligopolies to set extortionate prices, lower

customer care standards, or inhibit competition.

Linux threatens Windows. Opera nibbles at Microsoft's

Internet Explorer. Amazon drubbed traditional

booksellers. eBay thrashes Amazon. Bell was forced by

Covad Communications to implement its own technology,

the DSL broadband phone line.

Barring criminal behavior, there is little that oligopolies

can do to defend themselves against these forces. They

can acquire innovative firms, intellectual property, and

talent. They can form strategic partnerships. But the

supply of innovators and new technologies is infinite - and

the resources of oligopolies, however mighty, are finite.

The market is stronger than any of its participants,

regardless of the hubris of some, or the paranoia of others.

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