RBB Economics TOULOUSE, NOVEMBER 2007 ANDREA LOFARO Svitzer/Adsteam: Assessing unilateral effects when monopolists merge Association of Competition Economics (ACE) Conference RBB Economics ANDREA LOFARO Overview 1. Potential competition concern ACE Conference TOULOUSE, NOVEMBER 2007 2 2. Analysis of potential entry 3. What’s the relevant price benchmark? RBB Economics ANDREA LOFARO 1. • ACE Conference TOULOUSE, NOVEMBER 2007 3 • Potential competition concern Harbour towage companies operating at different ports do not constrain each other – Apart from Liverpool, merger did not involve any structural change – Concern was whether Svitzer represented the most likely potential entrant into Adsteam ports (and vice versa) Profitability of parties’ ports was generally either low or negative – Threat of entry represented an effective competitive constraint RBB Economics ANDREA LOFARO 2.1 Analysis of Potential Entry • High fixed costs imply that any entry strategy can only be viable if a sufficient number of customers can be secured • This could be achieved – by displacing the incumbent entirely; or – by cherry-picking certain customers • We analysed the costs of the incumbent and (low-cost) potential entrants for each port ACE Conference TOULOUSE, NOVEMBER 2007 4 RBB Economics ACE Conference TOULOUSE, NOVEMBER 2007 5 Average Cost Curves at Different Levels of Operation 2,500 Average costs, Average price (GBP) ANDREA LOFARO 2.2 2,000 1,500 1,000 500 2 tugs 3 tugs 250 500 4 tugs 5 tugs 6 tugs 0 750 1,000 Tug Jobs per Year Svitzer AC low cost AC current operation average price RBB Economics ANDREA LOFARO 2.3 Entry by displacing strategy • Non-unionised entrant would face significantly lower costs than Svitzer (Adsteam) • Cost structure of Svitzer (Adsteam) can be used as a proxy for likely costs that Adsteam would face if it decided to enter (and vice-versa) • Operators without current UK operations are at least as likely (if not more likely) entrants into each Svitzer (Adsteam) port than Adsteam (Svitzer) ACE Conference TOULOUSE, NOVEMBER 2007 6 RBB Economics ANDREA LOFARO 2.4 • TOULOUSE, NOVEMBER 2007 Strategy might be less costly than previous one as it would require an investment in a smaller number of tugs – 7 ACE Conference Entry by “cherry-picking” strategy E.g. an investment in only 3 tugs could be viable if enough customers do not require more than 3 tugs for each job • Analysis shows that minimum number of tugs (and tug jobs) a (low-cost) entrant would require to break even was generally below the size of the parties’ operations • Cherry-picking strategy would be viable for a non-unionised entrant but not for a unionised company, such as Svitzer or Adsteam RBB Economics 8 Cherry Picking – Customers ranked by Revenue 2,500 2,000 Average price (GBP) ANDREA LOFARO 2.5 ACE Conference TOULOUSE, NOVEMBER 2007 1,500 1,000 500 1 2 3 4 0 250 500 750 1,000 Tug Jobs per Year Large customers business up to 3 tugs business requiring more than 3 tugs RBB Economics ACE Conference TOULOUSE, NOVEMBER 2007 9 Cherry Picking – Break-Even for Low-Cost Entrant 2,500 Average costs, Average price (GBP) ANDREA LOFARO 2.6 2,000 1,500 1,000 500 1 2 3 4 0 250 500 750 1,000 Tug Jobs per Year Large customers business up to 3 tugs low cost AC business requiring more than 3 tugs average price RBB Economics ACE Conference TOULOUSE, NOVEMBER 2007 10 Cherry Picking – Effect on Incumbent’s Profits 2,500 Average costs, Average price (GBP) ANDREA LOFARO 2.7 2,000 1,500 1,000 cherry picking effect 500 0 250 500 750 1,000 Tug Jobs per Year Svitzer AC with 5 tugs Incumbent’s post-entry operation Svitzer AC with fewer tugs Incumbent’s pre-entry operation Price RBB Economics ANDREA LOFARO 2.8 • Analysis of Potential Entry – Conclusions Neither Svitzer nor Adsteam enjoy a unique cost advantage over other potential entrants – ACE Conference TOULOUSE, NOVEMBER 2007 11 • Merger would not reduce the constraint to which each UK “monopoly” port was subject Should entry occur in those ports for which a cherry picking strategy is viable, Svitzer’s AUC would increase significantly – Threat of losing even a small portion of business likely to provide an effective constraint on incumbents’ behaviour – Consistent with evidence on low profitability of harbour towage services in UK ports due to threat of entry RBB Economics ANDREA LOFARO 3.1 What’s the relevant price benchmark? • Some disagreement with CC over the price benchmark that was relevant for assessing viability of entry • CC considered that after entry, increased competition would drive prices to 10% below their current levels • CC concluded that an operator considering entry would be unlikely to enter UNLESS it could profitably do so at prices 10% below their current levels ACE Conference TOULOUSE, NOVEMBER 2007 12 RBB Economics ANDREA LOFARO 3.2 ACE Conference TOULOUSE, NOVEMBER 2007 13 What’s the relevant price benchmark? • In general, a firm deciding whether to enter will be influenced by post-entry prices (not by current prices) • In some cases, current price provides good proxy for likely postentry price • In other cases, post-entry price may be substantially below the prevailing price (e.g. textbook case of Bertrand competition) – Incumbent may continue to set high prices without attracting entry – Threat of entry cannot be considered to constrain pre-entry prices RBB Economics ANDREA LOFARO 3.3 • However CC identified potential entry as THE factor that constrained current prices – consistent with evidence on low profitability • For the new entity to remain constrained it is required that: TOULOUSE, NOVEMBER 2007 14 ACE Conference What’s the relevant price benchmark? • – customers would be able to sponsor entry (CC’s questionnaire confirmed this) by guaranteeing their business at current prices – rival operators would be able to profitably supply at current prices Unreasonable to expect parties to demonstrate that entry would have been attractive at prices 10% lower than current levels RBB Economics ANDREA LOFARO 3.4 • TOULOUSE, NOVEMBER 2007 For example, any attempt by Svitzer to raise prices from €100 to €110 would be unprofitable provided that – 15 ACE Conference What’s the relevant price benchmark? – some customers could respond by guaranteeing their business at a price of 100 to a rival Rival would be able profitably to supply those customers at 100 • Entrant would not need to offer a significant discount over premerger prices • Entrant would not need to be concerned about the effects of a possible post-entry price war • CC’s requirement to assess whether entry would be attractive at a price of €90 was inappropriate
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