- Anti-competitive practices
Anti-competitive practices are
business orgovernment practices that prevent and/or reducecompetition in amarket (seerestraint of trade ).Anti-competitive practices
These can include:
* Dumping, where a company sells a product in a competitive market at a loss. Though the company loses money for each sale, the company hopes to force other competitors out of the market, after which the company would be free to raise prices for a greater profit.*
Exclusive dealing , where a retailer or wholesaler is obliged by contract to only purchase from the contracted supplier.*
Barriers to entry (to an industry) designed to avoid the competition that new entrants would bring.*
Price fixing , where companies collude to set prices, effectively dismantling the free market.*
Refusal to deal , e.g., two companies agree not to use a certain vendor*
Dividing territories * Limit Pricing, where the price is set by a monopolist at a level intended to discourage entry into a market.
* Tying, where products that aren't naturally related must be purchased together.
*
Resale price maintenance , where resellers are not allowed to set prices independently.*
Coercive monopoly - all potential competition is barred from entering the market
**Government-granted monopoly - a private individual or firm to be the sole provider
**Government monopoly - the state is the sole providerAlso criticized are:
*Absorption of a competitor or competing technology , where the powerful firm effectively co-opts or swallows its competitor rather than see it either compete directly or be absorbed by another firm.
*Subsidies from government which allow a firm to function without being profitable, giving them an advantage over competition or effectively barring competition
*Regulations which place costly restrictions on firms that less wealthy firms cannot afford to implement
*Protectionism ,Tariffs andQuotas which give firms insulation from competitive forces
*Patent misuse andcopyright misuse , such as fraudulently obtaining apatent ,copyright , or other form ofintellectual property ; or using such legal devices to gain advantage in an unrelated market.
*Digital rights management which prevents owners from selling used media, as would normally be allowed by thefirst sale doctrine .Effects
It is usually difficult to practice anti-competitive practices unless the parties involved have significant
market power or government backing.Monopolies and
oligopolies are often accused of, and sometimes found guilty of, anti-competitive practices. For this reason, companymerger s are often examined closely by government regulators to avoid reducing competition in an industry.Although anti-competitive practices often enrich those who practice them, they are generally believed to have a negative effect on the economy as a whole, and to disadvantage competing firms and consumers who are not able to avoid their effects, generating a significant social cost. For these reasons, most countries have
competition law s to prevent anti-competitive practices, and government regulators to aid the enforcement of these laws.The argument that anti-competitive practices have a negative effect on the economy arises from the belief that a freely functioning efficient market economy, composed of many market participants each of which has limited market power, will not permit
monopoly profit s to be earned...and consequently prices to consumers will be lower, and if anything there will be a wider range of products supplied.Some people believe that the realities of the marketplace are sometimes more complex than this or similar theories of competition would suggest. For example, oligopolistic firms may achieve
economies of scale that would elude smaller firms. Again, very large firms, whether quasi-monopolies or oligopolies, may achieve levels of sophistication e.g. in business process and/or planning (that benefit end consumers and) that smaller firms would not easily attain.There are undoubtedly industries (e.g. airlines and pharmaceuticals) in which the levels of investment are so high that only extremely large firms that may be quasi-monopolies in some areas of their businesses can survive.Many governments regard these market niches as
natural monopolies , and believe that the inability to allow full competition is balanced bygovernment regulation . However, the companies in these niches tend to believe that they should avoid regulation, as they are entitled to their monopoly position by fiat.In some cases, anti-competitive behavior can be difficult to distinguish from competition. For instance, a distinction must be made between
product bundling , which is a legal market strategy, and product tying, which violatesanti-trust law . Some advocates oflaissez-faire capitalism (such as Monetarists, some Neoclassical economists, and the heterodox economists of theAustrian school ) reject the term, seeing all "anticompetitive behavior" as forms of competition that benefit consumers.Related Material
*
cartel
*antitrust law
*predatory pricing
*Microeconomics
*Oligopoly
*price discrimination
*Natural monopoly
*secret rebate
*loss leader
*Austrian school External links
* http://usinfo.state.gov/journals/ites/0299/ijee/klein.htm
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