When a few large firms dominate a market there is always the
potential for businesses toseek to reduce uncertainty and engage in
some form of collusive behaviour
When this happens the existing firms engage in price fixing
cartels. This behaviour is deemed illegal by UK and European
competition law. But it can be hard and complex to prove that a
group of firms have deliberately joined together to increase
prices.
Overt or Explicit Price Fixing
- Overt means spoken, open or traceable
- Collusion is often explained by a desire to achieve
joint-profit maximisation within a market or prevent price and
revenue instability in an industry.
- Price fixing represents an attempt by suppliers to control
supply and fix price at a level close to the level we would expect
from a monopoly.
- To collude on price, producers must be able to exert some
control over market supply.
- Although the cartel as a whole is maximising profits, the
individual firm's output quota is unlikely to be at their profit
maximising point. For any one firm, expanding output and selling at
a price that undercuts the cartel price can achieve extra
profits!
- Unfortunately if one firm does this, it is in each firm's
interests to do exactly the same and, if all firms break the terms
of their cartel agreement, the result will be excess supply in the
market and a sharp fall in the price. Under these circumstances, a
cartel agreement can break down
Collusion in a market or industry is easier to achieve when:
- There are only a small number of firms in the industry and
there are significant barriers to prevent new firms entering the
industry
- Market demand is not too variable (or cyclical) i.e. it is
reasonably predictable and not subject to violent fluctuations
which may lead to excess demand or excess supply.
- Demand is fairly inelastic with respect to price so that a
higher cartel price increases the total revenue to suppliers – this
is easier when the product is viewed as a necessity.
- Each firm's output can be easily monitored (this is important!)
– This enables the cartel more easily to control total supply and
identify firms who are cheating on output quotas.
Incomplete information about motivation of other firms may
induce tacit collusion
Reasons for the Possible Breakdowns of Cartels
Most cartel arrangements experience difficulties and tensions
and some cartels collapse completely.
Several factors can create problems within a collusive agreement
between suppliers:
- Enforcement problems: The cartel aims to restrict production to
maximize total profits of members. But each individual seller finds
it profitable to expand production. It may become difficult for the
cartel to enforce its output quotas and there may be disputes about
how to share out the profits. Other firms – not members of the
cartel – may opt to take a free ride by selling just under the
cartel price.
- Falling market demand creates excess capacity in the industry
and puts pressure on individual firms to discount prices to
maintain their revenue
- The successful entry of non-cartel firms into the industry
undermines a cartel's control of the market. Rapid technological
change can often undermine a cartel e.g. a new entrant with an
innovative and success alternative business model.
- The exposure of illegal price-fixing by market regulators such
as the European Union Competition Commission and the UK's
Competition and Markets Authority.
Horizontal and vertical collusion
Horizontal collusion involves price fixing / market rigging
between companies in the same industry and at the same stage of
production
Vertical collusion
Vertical collusion occurs when businesses in the same industry
engage in anti-competitive practices at different stages of the
supply chain.
A good recent example has been the dispute between the US
competition authorities and Apple who have been accused of trying
to force higher the prices of e-books through collusion with the
major book publishers.
Evaluation: Fear of fines or other control mean that there is
strong incentive to conceal collusion