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A Collective Agreement is Not Inherently Anti Competitive in Japan: Trade Unions, Self-Employed Workers and the Antimonopoly Act 集体协议在日本并非天生反竞争:工会、个体经营者与反垄断法
Pub Date : 2020-10-28 DOI: 10.2139/ssrn.3783773
Masako Wakui
The recent phenomena that the gig workers, franchisees and sellers using online shopping platform establish ‘unions’ to bargain collectively with their powerful counterparties give rise to questions as to how these organisations should be dealt under the competition laws. Although it is established that Japanese competition law, Antimonopoly Act (AMA), is not applicable to workers and their collective actions, the legal status of the above entities, which I call self-employed workers, is not clear. Possibility is that they are deemed enterprises, rather than workers, and their collective activities are deemed illegal cartels on which severe sanctions are imposed under the AMA. To help discussion, the article analyses conventional trade unions’ effect and nature from competition law perspectives. Such analysis should be informative given self-employed workers organisations’ aims and activities as well as their members’ economically dependent status are largely the same with ones of trade unions. Having clarified that the trade union should not be viewed neither as a monopoly nor as a cartel for the purpose of the AMA and that market share, or union density, is not helpful in assessing unions’ power, I analyse unions’ unique ways of influencing working conditions - collective bargaining and strike and engagement in regulatory, judicial and legislative activities - and contends that their activities are generally unlikely to be anticompetitive in Japan. Meanwhile, the complex nature of such analysis also become clear. I then conclude that the AMA is a brunt tool to evaluate effect and legitimacy of collective actions to counter powerful buyers, be it conventional employees or self-employed workers, and that the legislature, neither the AMA nor the competition authority, should determine whether self-employed workers should be allowed to unionise and engage in collective actions.
最近,零工工人、特许经营商和使用在线购物平台的卖家建立了“工会”,与强大的交易对手进行集体谈判,这一现象引发了人们对这些组织应如何在竞争法下处理的质疑。虽然日本竞争法《反垄断法》(AMA)已经确定不适用于工人及其集体行为,但上述实体(我称之为个体经营者)的法律地位并不明确。他们的集体活动也有可能被认定为非法卡特尔,并受到严厉制裁。本文从竞争法的角度分析了传统工会的作用和性质。鉴于个体经营者组织的目标和活动以及其成员的经济依赖地位与工会的目标和活动基本相同,这种分析应该是有益的。澄清了工会既不应被视为垄断,也不应被视为卡特尔,市场份额或工会密度对评估工会的权力没有帮助,我分析了工会影响工作条件的独特方式——集体谈判、罢工和参与监管、司法和立法活动——并认为,工会的活动在日本一般不太可能是反竞争的。同时,这种分析的复杂性也变得清晰起来。然后我得出结论,AMA是评估集体行动的效果和合法性的主要工具,以对抗强大的买家,无论是传统雇员还是个体经营者,立法机构,无论是AMA还是竞争管理机构,都应该决定是否允许个体经营者成立工会并参与集体行动。
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引用次数: 0
The Cost and Benefit of Dynamic Pricing 动态定价的成本与收益
Pub Date : 2020-09-09 DOI: 10.2139/ssrn.3689782
Moran Koren, Manuel Mueller-Frank
We analyze the firm-external effects of dynamic prices in a sequential market with a monopolistic firm. The product is offered to an infinite sequence of rational consumers each of whom observes a private signal regarding the product quality. We show that dynamic prices are necessary for asymptotic learning, that is, for market interaction to asymptotically reveal the product quality.
If prices are adjusted periodically to be informationally efficient, that is, to reflect the accumulated information, then asymptotic learning occurs. However, the higher the frequency with which prices are informationally efficient, the lower is expected welfare. Thus, we identify a trade-off between allocational and informational efficiency.
本文分析了具有垄断企业的序贯市场中动态价格的企业外部效应。产品被提供给无穷多的理性消费者,他们中的每一个人都观察到一个关于产品质量的私人信号。我们证明了动态价格对于渐近学习是必要的,即对于市场相互作用渐近地揭示产品质量。如果价格定期调整以达到信息效率,即反映累积的信息,那么就会发生渐近学习。然而,价格信息效率的频率越高,预期福利就越低。因此,我们确定了分配效率和信息效率之间的权衡。
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引用次数: 0
Does Local Competition and Firm Market Power Affect Investment Adviser Misconduct? 地方竞争与企业市场支配力是否影响投资顾问不当行为?
Pub Date : 2020-08-04 DOI: 10.2139/ssrn.3666596
Michael Gelman, Zaheer Khan, Amir Shoham, S. Tarba
Abstract This paper examines the impact of local competition and local firm market power on misconduct by analyzing the investment adviser market. The study is based on an extensive sample of more than 3.8 million employee-year observations of investment advisers resulting in 709,416 firm-county-year observations over 12 years. The findings show that a firm's county-level market power and county market competition have a negative influence on investment adviser misconduct. The result is robust to a battery of empirical tests. We show that a firm exhibits lower levels of misconduct in counties in which it has greater local market power. We also identify the effect of local competition and market power on misconduct using two exogenous shocks, mergers and acquisitions (M&As) and the end of a local monopoly. We establish adviser employment stability as a novel channel for explaining the impact of local competition and firm market power on misconduct.
摘要本文通过对投资顾问市场的分析,考察了地方竞争和地方企业市场势力对不当行为的影响。这项研究是基于一个广泛的样本,超过380万名员工对投资顾问的年度观察,结果是在12 年的时间里对709,416家公司的年度观察。研究发现,企业的县域市场支配力和县域市场竞争对投资顾问不当行为具有负向影响。经过一系列的实证检验,这一结果是可靠的。我们表明,在拥有更大当地市场力量的县,公司的不当行为水平较低。我们还利用并购和地方垄断的终结这两种外生冲击,确定了地方竞争和市场力量对不当行为的影响。我们建立了顾问就业稳定性作为解释本地竞争和公司市场力量对不当行为的影响的新渠道。
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引用次数: 6
Monopoly Pricing, Optimal Randomization and Resale 垄断定价、最优随机化与转售
Pub Date : 2020-04-09 DOI: 10.2139/ssrn.3585005
S. Loertscher, Ellen V. Muir
This paper provides a parsimonious and unified explanation for randomized selling mechanisms widely used in practice, yet commonly perceived as puzzling. We show that randomization implemented via opaque pricing and underpricing is optimal only if the revenue function with market clearing pricing is non-concave. Randomization involves conflation and rationing and, relative to market clearing pricing, leads to larger quantities sold. If this quantity effect is sufficiently strong, randomization increases consumer surplus. For fixed quantities resale increases consumer surplus. However, if resale is sufficiently efficient then consumer surplus can be larger under resale prohibition because resale reduces the equilibrium quantities.
本文为实践中广泛使用的随机销售机制提供了一个简洁而统一的解释,但通常被认为是令人困惑的。我们证明了通过不透明定价和欠定价实现的随机化只有在具有市场出清定价的收益函数非凹时才是最优的。随机化涉及合并和定量配给,相对于市场出清定价,会导致更大的销售量。如果这种数量效应足够强,随机化会增加消费者剩余。对于固定数量的转售,增加了消费者剩余。然而,如果转售足够有效,那么在禁止转售的情况下,消费者剩余可以更大,因为转售减少了均衡数量。
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引用次数: 14
Divide and Conquer in Two-Sided Markets: A Potential-Game Approach 双边市场的分而治之:一种潜在博弈方法
Pub Date : 2019-12-03 DOI: 10.2139/ssrn.3498394
Lester T. Chan
Strong network effects typically lead to multiple equilibria in two-sided markets. To overcome the methodological challenge of selecting an appropriate equilibrium, this paper shows that many two-sided market models are weighted potential games, and thus potential maximization, a refinement of Nash equilibrium justified by many theoretical and experimental studies, can always select a unique equilibrium. Under potential maximization, platforms often subsidize one side and charge the other, i.e., divide and conquer. The fundamental determinant of which side to subsidize or monetize is cross-side network effects. This divide-and-conquer strategy implies that platforms are often designed to favor the money side much more than the subsidy side.
强大的网络效应通常会导致双边市场的多重均衡。为了克服选择合适均衡的方法论挑战,本文表明,许多双边市场模型都是加权的潜在博弈,因此,潜在最大化——许多理论和实验研究证明的纳什均衡的改进——总是可以选择一个唯一的均衡。在潜力最大化下,平台往往补贴一方,向另一方收费,即分而治之。对哪一方进行补贴或货币化的根本决定因素是横向网络效应。这种分而治之的策略意味着,平台的设计往往更偏向于赚钱的一方,而不是补贴的一方。
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引用次数: 3
The Opoly Number Opoly号码
Pub Date : 2019-11-28 DOI: 10.2139/ssrn.3495139
Michael Poulshock
We propose a slight modification to the Herfindahl-Herschman Index of market concentration, resulting in a formula that indicates the number of firms dominating a market. We call this metric the opoly number because it has a value of 1 for a monopoly, 2 for a duopoly, etc.
我们对市场集中度的赫芬达尔-赫希曼指数进行了轻微的修改,得到了一个表明主导市场的企业数量的公式。我们称这个指标为垄断数,因为它的值为1代表垄断,2代表双寡头垄断,等等。
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引用次数: 0
Input Price Discrimination, Demand Forms, and Welfare 投入价格歧视、需求形式与福利
Pub Date : 2019-11-26 DOI: 10.2139/ssrn.3488770
Germain Gaudin, Romain Lestage
In this paper, we analyse the effects of input price discrimination by an upstream monopolist selling to firms with various degrees of efficiency. When downstream markets are independent, we first study whether the upstream monopolist has an incentive to reduce or to increase the relative cost difference amongst downstream firms. Then, we examine the impact of input price discrimination on output and welfare. A key determinant of the effects of input price discrimination on prices, output, and welfare is the sum of demand curvature and pass-through elasticity. We apply our findings to the set of demand forms with constant pass-through rates, as well as other demand forms. We also discuss the cases of demand asymmetries across markets and price competition downstream.
本文分析了上游垄断者向不同效率程度的企业销售产品所造成的投入价格歧视的影响。当下游市场独立时,我们首先研究上游垄断者是否有动机减少或增加下游企业之间的相对成本差异。然后,我们考察了投入价格歧视对产出和福利的影响。投入价格歧视对价格、产出和福利的影响的一个关键决定因素是需求曲率和传递弹性的总和。我们将我们的发现应用于具有恒定传递率的需求形式集,以及其他需求形式。我们还讨论了跨市场需求不对称和下游价格竞争的情况。
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引用次数: 7
Buyer Alliances in Vertically Related Markets 垂直相关市场中的买方联盟
Pub Date : 2019-09-12 DOI: 10.2139/ssrn.3452497
H. Molina
Supplement is available at: https://ssrn.com/abstract=3452506 Alliances of buyers to negotiate input prices with suppliers have become commonplace in many industries. Using pre- and post-alliances data on household purchases of bottled water, I develop a structural model of bilateral oligopoly to estimate the effects of buyer alliances formed by retailers on the bargaining power of firms and retail prices paid by consumers. Results provide evidence of a countervailing buyer power effect that reduces retail prices by roughly 7%. Exploring determinants of buyer power, I find that changes in firms’ bargaining ability play an important role in the countervailing force exerted by buyer alliances which, absent this effect, may harm retailers.
在许多行业,买家联盟与供应商谈判投入价格已成为司空见惯的事情。利用家庭购买瓶装水的联盟前后数据,我开发了双边寡头垄断的结构模型,以估计零售商形成的买家联盟对企业议价能力和消费者支付的零售价格的影响。研究结果表明,抵消性的买方力量效应使零售价格降低了约7%。在探讨买方权力的决定因素时,我发现企业议价能力的变化在买方联盟施加的反补贴力中起着重要作用,如果没有这种作用,零售商可能会受到损害。
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引用次数: 7
Competing on Price and Quality: Theory and Evidence from Trade Data 价格与质量竞争:来自贸易数据的理论与证据
Pub Date : 2019-07-10 DOI: 10.2139/ssrn.3401094
H. Atrianfar, Hamid Firooz
Import competition induces firms either to reduce their markup, upgrade their quality, or both. Modern models of international trade typically consider one margin of adjustment to explain the consequences of import competition. However, examining U.S. import data suggests that firms actively respond by adjusting both quality and markup. This paper develops and calibrates a Ricardian model of trade which incorporates the endogenous response of quality and markup to import competition. Countries are heterogeneous both in physical efficiency and quality capability. Firms engage in a two-dimensional Bertrand competition in which they simultaneously choose the price and quality of output. Estimation results indicate that developed countries are more productive both in physical and quality production. Moreover, in response to import competition, developed countries mainly upgrade quality, while developing countries mainly reduce the markup. Ignoring the quality channel would underestimate the gains from trade that the U.S. derives with developed countries and overestimate the gains from trade with developing countries. The counterfactual experiment indicates as the U.S. economy grows, it benefits more from free trade with quality-capable countries than with countries which are less capable.
进口竞争促使企业要么降低加价,要么提高质量,或者两者兼而有之。现代国际贸易模型通常考虑一个调整幅度来解释进口竞争的后果。然而,对美国进口数据的研究表明,企业通过调整质量和加价来积极应对。本文发展并校准了一个李嘉图贸易模型,该模型包含了质量和价格对进口竞争的内生反应。各国在物质效率和质量能力方面存在差异。企业参与了一种二维的伯特兰竞争,在这种竞争中,他们同时选择产品的价格和质量。估计结果表明,发达国家在实物生产和质量生产方面的生产力更高。此外,针对进口竞争,发达国家以提升质量为主,发展中国家以降低加价为主。忽视质量渠道会低估美国与发达国家的贸易收益,高估与发展中国家的贸易收益。反事实实验表明,随着美国经济的增长,它从与质量有能力的国家的自由贸易中获益更多,而不是与质量较差的国家。
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引用次数: 3
Do Firms Strategically Announce Capacity Expansions in Response to Heightened Entry Threats? 企业是否在战略上宣布产能扩张以应对日益加剧的进入威胁?
Pub Date : 2019-03-26 DOI: 10.2139/SSRN.3195932
Matthew J. Bloomfield, M. Tuijn
Using plausibly exogenous variation in Chinese imports, we provide evidence that firms strategically announce capacity expansions when facing entry threats. We first construct and validate a novel text-based measure of voluntary disclosure that reflects firms’ explicit forward-looking statements about capacity expansion plans. We then show that firms respond to heightened entry threats by announcing capacity expansions. Consistent with our predictions, larger firms are more likely to respond in this fashion, while more opaque firms are less likely to respond in this fashion. Our results cannot be explained by an overall increase in transparency/disclosure; we observe no increase overall disclosure. Thus, our results are unlikely to be driven by investors’ demand for information, but rather firms’ strategic choices to supply information in order to protect their product markets. Capacity expansion announcements appear to be effective at deterring entry.
利用中国进口的似是而非的外生变量,我们提供了证据,表明企业在面临进入威胁时战略性地宣布产能扩张。我们首先构建并验证了一种新的基于文本的自愿披露度量,该度量反映了企业关于产能扩张计划的明确前瞻性陈述。然后我们表明,企业通过宣布产能扩张来应对日益加剧的进入威胁。与我们的预测一致,大公司更有可能以这种方式做出反应,而更不透明的公司则不太可能以这种方式做出反应。我们的结果不能用透明度/披露的全面增加来解释;我们观察到总体披露没有增加。因此,我们的结果不太可能是由投资者对信息的需求驱动的,而是由企业为保护其产品市场而提供信息的战略选择驱动的。产能扩张公告似乎能有效阻止市场进入。
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引用次数: 3
期刊
ERN: Monopoly
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