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Economic Reforms and Market Competition in India: An Assessment 印度经济改革与市场竞争:评估
Q2 Social Sciences Pub Date : 2021-03-10 DOI: 10.1177/0003603X21997019
B. Saraswathy
The announcement of New Industrial Policy in July 1991 marked a paradigm shift in the overall macroeconomic policies followed in India from greater control and regulations to the free rein of market forces. Subsequently, there has been a paradigm shift in the competition regulation in India, with the establishment of the Competition Commission of India. The underlying motive behind the regulatory changes has been to increase competition in all spheres of economic activities. Given this background, the present study intends to assess whether the changes in policy regimes could bring out the desired output in terms of heightened competition in various spheres of the manufacturing sector, specifically across various subsectors in the manufacturing sector. These are important not only from a consumer point of view but also to identify the areas of concern for vigilant policy implementation. Using multiple indicators of concentration, we find that despite the increase in competition across various subsectors, concentration levels remain high for many subsectors. We observed high levels of concentration in seven of the twenty-nine subsectors studied and in another three high-moderate concentration levels noticed.
1991年7月新产业政策的宣布标志着印度整体宏观经济政策的范式转变,从更大的控制和监管转向市场力量的自由支配。随后,随着印度竞争委员会的成立,印度的竞争监管模式发生了转变。监管改革背后的根本动机是增加经济活动各个领域的竞争。鉴于这一背景,本研究旨在评估政策制度的变化是否能够在制造业各个领域,特别是制造业各个部门的竞争加剧的情况下带来预期的产出。这些不仅从消费者的角度来看很重要,而且对于确定需要警惕的政策执行领域也很重要。使用多个集中度指标,我们发现,尽管各个分部门之间的竞争加剧,但许多分部门的集中度仍然很高。我们在29个研究分部门中的7个分部门观察到高浓度,在另外3个分部门中观察到中高浓度。
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引用次数: 0
M&As by Business Groups and Market Competition: A Study of Tata Steel 企业集团并购与市场竞争——对塔塔钢铁的研究
Q2 Social Sciences Pub Date : 2021-03-09 DOI: 10.1177/0003603X21997027
B. Saraswathy
This article examines the involvement of business groups in consolidation activity. An important component of the Monopolies and Restrictive Trade Practices Act was “the concentration of economic power in the hands of a few” which has been de-emphasized as per the amendment made in 1991. The new Competition Act mainly deals with the case-by-case analysis of market competition rather than ownership concentration. The competition regulation in its current form is mainly focusing on the concept of “economic efficiency” and not addressing the “social fairness” concept. The involvement of business groups in consolidation activities results in multiplier effects as they are already part of a diversified and well-structured umbrella of business with horizontal and vertical linkages. This article observes the active involvement of big business groups in mergers and acquisitions (M&As) activity across various product lines. Further, many such M&As are leading to capacity expansion not only in various overlapping products (i.e., horizontal linkages) but also in the vertical line of business, in which the affiliate firms of the group are engaged. This may be beneficial to the group as a whole since the cost of intermediary inputs supplied to various affiliate firms can be reduced. The study points to consider the “ownership and group effect” and the resulting synergy creation more carefully while assessing competition.
本文考察了企业集团在合并活动中的参与情况。《垄断和限制性贸易惯例法》的一个重要组成部分是“经济权力集中在少数人手中”,根据1991年的修正案,这一点已不再强调。新的《竞争法》主要处理市场竞争的个案分析,而不是所有权集中。当前形式的竞争规制主要关注“经济效率”的概念,没有解决“社会公平”的概念。企业集团参与合并活动会产生乘数效应,因为它们已经是具有横向和纵向联系的多元化和结构良好的业务保护伞的一部分。本文观察了大型企业集团在各种产品线的并购活动中的积极参与。此外,许多这样的并购不仅导致了各种重叠产品(即水平联系)的产能扩张,而且还导致了集团附属公司参与的垂直业务线的产能扩张。这可能对整个集团有利,因为提供给各附属公司的中间投入的成本可以降低。研究指出,在评估竞争时,应更仔细地考虑“所有权和集团效应”及其产生的协同效应。
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引用次数: 0
The Role of Competition Reforms in Unlocking International Trade: Evidence from Africa’s Proposed Tripartite Free Trade Area 竞争改革在开放国际贸易中的作用:来自非洲提议的三方自由贸易区的证据
Q2 Social Sciences Pub Date : 2021-03-09 DOI: 10.1177/0003603X21997046
C. Dube
This study applies an econometric approach to estimate the impact of competition reform adoption and tightening on international trade, using Africa’s envisaged Tripartite Free Trade Area (TFTA) as a case study. An index measuring the extent to which competition regimes have been tightened and enforced between 2001 and 2016 in the TFTA countries is constructed. A gravity model of international trade, based on generalized method of moments, is then estimated to establish how exports are influenced by this competition index measure after controlling for other traditional gravity model variables. The results show that increasing competition reforms by 1% is associated with an increase in bilateral exports into the TFTA by 0.16%. However, if competition reforms in the importing country increase by 1%, then an approximate decline in bilateral exports of 0.46% would result. This underlines the role of competition enforcement in enhancing national competitiveness.
本研究采用计量经济学方法,以非洲设想的三方自由贸易区为例,估计竞争改革的实施和紧缩对国际贸易的影响。构建了一个衡量2001年至2016年间TFTA国家竞争制度收紧和执行程度的指数。然后,在控制了其他传统的重力模型变量后,基于广义矩方法,估计了国际贸易的重力模型,以确定出口如何受到这一竞争指标的影响。结果表明,将竞争改革增加1%与对TFTA的双边出口增加0.16%有关。然而,如果进口国的竞争改革增加了1%,则双边出口将大致下降0.46%。这突出了竞争执法在提高国家竞争力方面的作用。
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引用次数: 0
Innovation, Patents, and Competition in Modern Agriculture: A Case Study of Bayer and Monsanto Merger 现代农业中的创新、专利与竞争——以拜耳与孟山都合并为例
Q2 Social Sciences Pub Date : 2021-03-09 DOI: 10.1177/0003603X21997022
Reji K. Joseph
The use of digital technologies to aid the agronomic decision making of farmers characterizes modern agriculture. Digital farming is expected to enhance the market power of leading innovative firms in the seed industry, which is already having a high level of concentration. The merger of two leading innovative firms—Bayer and Monsanto—is to be seen in this context. This article examines the emerging anticompetitive considerations from the deal and the contribution of the Competition Commission of India in alleviating such considerations while approving the deal. It is found that threats were emerging in three areas—traits and seeds, nonselective herbicides, and digital farming platforms. To eliminate the anticompetitive effects of the deal, both the companies were required to divest their research and development intensive trait, seed, and nonselective herbicide businesses. They were also required to license the proprietary active ingredients of nonselective herbicides, if the use of their seeds was linked to the application of such herbicides, on fair, reasonable, and nondiscriminatory (FRAND) terms. They were also required to license the agronomic data, collected from India, and used in their digital platforms, to potential users on FRAND terms.
利用数字技术帮助农民进行农艺决策是现代农业的特点。预计数字农业将增强种子行业领先的创新企业的市场力量,该行业已经具有很高的集中度。两家领先的创新公司拜耳和孟山都的合并就是在这种背景下进行的。本文考察了该交易中出现的反竞争因素,以及印度竞争委员会在批准该交易时减轻此类考虑的贡献。研究发现,威胁出现在三个领域:性状和种子、非选择性除草剂和数字农业平台。为了消除该交易的反竞争影响,两家公司都被要求剥离其研发密集型性状、种子和非选择性除草剂业务。如果他们的种子的使用与使用非选择性除草剂有关,他们还被要求以公平、合理和非歧视(FRAND)的条款许可非选择性除草剂的专有活性成分。他们还被要求根据FRAND条款将从印度收集并用于其数字平台的农艺数据许可给潜在用户。
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引用次数: 0
Confronting Horizontal Ownership Concentration 应对横向股权集中
Q2 Social Sciences Pub Date : 2021-03-01 DOI: 10.1177/0003603X20985803
E. Elhauge, S. Majumdar, Martin C. Schmalz
Developments in capital markets have fueled a concentration of horizontal ownership across competing firms, and this has been linked to anticompetitive effects and economic underperformance. The debate about such ownership concentration has proven contentious and controversial. This symposium titled “Common Ownership: Illuminating a Great 21st Century Antitrust Debate” brings together key new works on the topic that confirm, extend, and illuminate the prior empirical findings and policy implications. Among other things, these contributions survey the recent empirical literature, provide new important empirical results about the extent and effect of horizontal ownership, offer a methodological critique, highlight concepts that address core capital market and labor market linkages, and articulate ideas for policy development to tackle emerging contingencies.
资本市场的发展推动了相互竞争的公司之间横向所有权的集中,这与反竞争效应和经济表现不佳有关。事实证明,关于这种股权集中的辩论存在争议和争议。本次研讨会题为“共同所有权:照亮21世纪伟大的反垄断辩论”汇集了确认,扩展和阐明之前的实证研究结果和政策影响的主题的关键新作品。除其他事项外,这些贡献调查了最近的实证文献,提供了关于横向所有权的程度和影响的新的重要实证结果,提供了方法论批评,强调了解决核心资本市场和劳动力市场联系的概念,并阐明了应对新出现的突发事件的政策制定思路。
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引用次数: 2
The New Competition Regime in India: Prospects and Challenges: Introduction 印度的新竞争制度:前景与挑战:引言
Q2 Social Sciences Pub Date : 2021-02-25 DOI: 10.1177/0003603X21997047
B. Saraswathy
India is one of the major developing countries having a long history of competition regulation. The scope for the market competition was very limited under the highly rigid regulatory system that existed in India in the early years of development. The key principle behind the planned industrial development strategy in India was self-reliance and social justice for which the government followed a “control and command” regime in which the public sector was assigned a crucial role. Private investment in crucial sectors, entry, and expansion of the private sector was restricted through various regulations. Foreign investment, import of technology, and trade policy were also regulated. MRTP Act 1969 was dealing with the competition issues in India under this highly regulated scenario. With the paradigm shift in India’s economic policies since the announcement of New Industrial Policy-1991, the country moved to the “market-oriented” scenario, and thereby the role of competition also increased in various economic activities, which necessitated a drastic revision in the then existing competition regulations too, which finally resulted in the adoption of the Competition Act 2002. The enforcement of the new Act started from May 2009 onward for the first two provisions of the Act, namely, (i) anticompetitive agreements and (ii) abuse of dominance. The third component, that is, combination regulations became effective from June 2011. It is to be noted that the provisions relating to the concentration of economic power under the MRTP Act 1969, which also governed mergers and acquisitions (M&As), were deleted following the onset of the new policy regime in 1991. Thus, for two decades, that is, till 2011, when the provisions relating to combinations under the Competition Act 2002 came into force, there were no effective restrictions on M&As. During the last ten years of operation of the new regulator in India, that is, the Competition Commission of India (hereinafter “Commission”) has been focusing on internal capacity building, networking with competition regulators from other countries, and advocacy initiatives within India along with speedy processing of cases. So far, the Commission has received more than 740
印度是主要的发展中国家之一,有着悠久的竞争监管历史。在印度发展初期存在的高度严格的监管制度下,市场竞争的范围非常有限。印度计划的工业发展战略背后的关键原则是自力更生和社会正义,为此政府遵循“控制和命令”制度,其中公共部门被赋予关键作用。关键部门的私人投资、私营部门的进入和扩张受到各种规定的限制。外国投资、技术进口和贸易政策也得到了规范。1969年MRTP法案是在这种高度管制的情况下处理印度的竞争问题。自1991年新产业政策公布以来,随着印度经济政策范式的转变,该国转向了“市场导向”的情景,竞争在各种经济活动中的作用也随之增加,这就需要对当时存在的竞争法规进行重大修改,最终导致了2002年竞争法的通过。新法案的执行从2009年5月开始,针对该法案的前两项条款,即(i)反竞争协议和(ii)滥用支配地位。第三部分,即合并法规,自2011年6月起生效。应当指出的是,1969年《MRTP法》中有关经济权力集中的规定也管辖合并和收购,在1991年新政策制度开始实施后被删除。因此,20年来,也就是直到2011年《2002年竞争法》有关合并的规定生效之前,对并购没有有效的限制。在印度新监管机构运作的过去十年中,即印度竞争委员会(以下简称“委员会”)一直专注于内部能力建设,与其他国家的竞争监管机构建立联系,并在印度境内倡导倡议,同时快速处理案件。到目前为止,委员会已收到740多份
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引用次数: 0
Common Ownership in the U.S. Pharmaceutical Industry: A Network Analysis 美国制药行业的共同所有权:一个网络分析
Q2 Social Sciences Pub Date : 2021-02-08 DOI: 10.1177/0003603X20985796
Albert Banal-Estañol, Melissa Newham, J. Seldeslachts
We investigate patterns in common ownership networks between firms that are active in the U.S. pharmaceutical industry for the period 2004–2014. Our main findings are that “brand firms”—that is, firms that have research and development capabilities and launch new drugs—exhibit relatively dense common ownership networks with each other that further increase significantly in density over time, whereas the network of “generic firms”—that is, firms that primarily specialize in developing and launching generic drugs—is much sparser and stays that way over the span of our sample. Finally, when considering the common ownership links between brands firms, on the one hand, and generic firms, on the other, we find that brand firms have become more connected to generic firms over time. We discuss the potential antitrust implications of these findings.
我们调查了2004-2004年期间活跃在美国制药行业的公司之间的共同所有权网络模式。我们的主要发现是,“品牌公司”,即具有研发能力并推出新药的公司,彼此之间表现出相对密集的共同所有权网络,随着时间的推移,这种网络的密度会进一步显著增加,而“仿制药公司”网络,即,主要专注于开发和推出仿制药的公司要少得多,并且在我们的样本中一直保持这种状态。最后,当考虑到品牌公司和仿制药公司之间的共同所有权联系时,我们发现随着时间的推移,品牌公司与仿制药公司的联系越来越紧密。我们讨论了这些发现可能带来的反垄断影响。
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引用次数: 2
Recent Studies on Common Ownership, Firm Behavior, and Market Outcomes 共同所有权、企业行为和市场结果的最新研究
Q2 Social Sciences Pub Date : 2021-01-19 DOI: 10.1177/0003603X20985804
Martin C. Schmalz
The literature on competitive effects of common ownership has grown at a fast rate in the past two years. Anticompetitive effects have been confirmed with alternative reduced-form and structural estimation methods, in different industries, geographies, and jurisdictions. Multiple independent studies have disproven early critiques of the literature. Other papers document the heterogeneity of common ownership effects on competition across markets and industries. Important advances were made on the study of the economic mechanisms and governance channels that implement anti-competitive incentives. New theory refines the interpretation of existing empirical work. Access to high-quality ownership and product-market data remains a bottleneck for meaningful research in the area.
在过去的两年里,关于共同所有制竞争效应的文献增长迅速。在不同的行业、地区和司法管辖区,反竞争效应已通过替代的简化形式和结构估计方法得到证实。多项独立研究推翻了早期对文学的批评。其他论文记录了共同所有制对市场和行业竞争的异质性影响。在研究实施反竞争激励的经济机制和治理渠道方面取得了重要进展。新理论完善了对现有实证工作的解释。获得高质量的所有权和产品市场数据仍然是该领域有意义研究的瓶颈。
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引用次数: 26
Economic Reality at the Core of Apple 苹果核心的经济现实
Q2 Social Sciences Pub Date : 2020-12-03 DOI: 10.1177/0003603X21997030
Tirza J. Angerhofer, R. Blair
In Apple, Inc. v. Pepper, the Supreme Court failed to recognize the economic reality at play which sparked considerable confusion and debate about the continued vitality of Illinois Brick. Apple used proprietary technology and threats to both iPhone owners and app developers to compel them to conduct their business in Apple’s App Store. In so doing, Apple created a presumably unlawful bottleneck. This enabled Apple to impose a 30% ad valorem tax on each transaction. The tax, that is, the antitrust damage, is borne by both the iPhone owners and the app developers according to the relative elasticities of the demand and supply. Distributing damages in this way leads to effective antitrust enforcement that does not reward the wrongdoer with ill-gotten gains nor lead to duplicative damages and complex apportioning. Our analysis clarifies the economic reality of the Apple case and provides useful guidance for handling future bottleneck cases.
在苹果股份有限公司诉佩珀案中,最高法院没有认识到经济现实的作用,这引发了对伊利诺伊州砖块公司持续活力的相当大的混乱和辩论。苹果使用专有技术,并威胁iPhone用户和应用程序开发商,迫使他们在苹果应用商店开展业务。这样一来,苹果制造了一个可能是非法的瓶颈。这使得苹果可以对每笔交易征收30%的从价税。税收,即反垄断损害,由iPhone所有者和应用程序开发商根据需求和供应的相对弹性承担。以这种方式分配损害赔偿金可以实现有效的反垄断执法,既不会以不义之财奖励违法者,也不会导致重复的损害赔偿和复杂的分摊。我们的分析阐明了苹果案件的经济现实,并为处理未来的瓶颈案件提供了有用的指导。
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引用次数: 1
Research on the Competitive Consequences of Common Ownership: A Methodological Critique 共同所有制竞争后果研究:一种方法论批判
Q2 Social Sciences Pub Date : 2020-11-05 DOI: 10.1177/0003603X20985799
José Azar, Martin C. Schmalz, Isabel Tecu
This article argues that the evidence presented in several critiques of Azar, Schmalz, and Tecu’s (AST) “airlines” paper does often not back the conclusion these studies draw. Specifically, widely circulated studies claiming that there are no anticompetitive effects of common ownership or that there is no evidence of it either do not attempt to refute AST’s findings of anticompetitive effects in the U.S. airlines industry or in fact confirm the evidence by AST and even dispel valid concerns about AST’s methodology. Focusing on Kennedy, O’Brien, Song, and Waehrer (KOSW), we note that their panel regressions using market-share-free indices of common ownership concentration confirm the positive correlation between common ownership concentration and price, which AST showed with a measure containing potentially endogenous market shares. We then examine the alternative empirical methods KOSW propose: (i) Their conclusion that estimates from a structural model show no evidence of anticompetitive effects is based on an estimation that discards 90% of the available data and therefore, at best, is only valid for that subsample; (ii) their structural model makes no economic sense because it produces a negative effect of route distance on marginal cost; and (iii) they construct an alternative version of the widely used BlackRock- Barclays Global Investors instrument that is arguably invalid. Even absent these methodological concerns, KOSW’s structural estimates are so noisy that they do not in fact reject the hypothesis that common ownership concentration has a positive effect on prices. A more recent structural paper by Park and Seo has shown these concerns to be well-founded: using a different and larger subsample of AST’s data and more standard estimation methods compared to KOSW, they estimate a positive effect of common ownership on prices, as well as a positive effect of route distance on cost. A lesson for future research—and readers of the literature—is to critically evaluate the conclusions drawn by studies in this field, including those that advertise themselves as providing evidence against the existence of anticompetitive effects of common ownership.
本文认为,对阿扎尔、施马尔茨和特库(AST)的“航空公司”论文的几篇批评中提出的证据往往不支持这些研究得出的结论。具体而言,广泛流传的研究声称,共同所有制不存在反竞争效应,或者没有证据表明这一点,既没有试图反驳AST关于美国航空业反竞争效应的调查结果,也没有事实上证实AST的证据,甚至消除了对AST方法的合理担忧。重点关注Kennedy、O'Brien、Song和Waehrer(KOSW),我们注意到他们使用普通股集中度的无市场份额指数进行的面板回归证实了普通股集中与价格之间的正相关性,AST在包含潜在内生市场份额的测量中显示了这一点。然后,我们检验了KOSW提出的替代经验方法:(i)他们的结论是,结构模型的估计没有显示出反竞争效应的证据,这是基于丢弃90%可用数据的估计,因此,充其量只对该子样本有效;(ii)他们的结构模型没有经济意义,因为它产生了路线距离对边际成本的负面影响;以及(iii)他们构建了一个广泛使用的贝莱德-巴克莱全球投资者工具的替代版本,该工具可以说是无效的。即使没有这些方法上的担忧,KOSW的结构估计也是如此嘈杂,以至于它们实际上并没有拒绝共同所有权集中对价格有积极影响的假设。Park和Seo最近的一篇结构论文表明,这些担忧是有根据的:与KOSW相比,他们使用不同的、更大的AST数据子样本和更标准的估计方法,估计了共同所有权对价格的积极影响,以及路线距离对成本的积极影响。对未来的研究和文献读者来说,一个教训是批判性地评估该领域研究得出的结论,包括那些标榜自己为反对共同所有制存在反竞争效应提供证据的结论。
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引用次数: 4
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Antitrust Bulletin
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