The document discusses antitrust and competition policy related to information goods and the information industry. It covers topics like differentiation of products and prices, lock-in effects, positive feedback, and price discrimination. It also provides an overview of major US antitrust laws like the Sherman Act and Clayton Act as well as anticompetitive practices in the Nepali context.
The document discusses antitrust and competition policy related to information goods and the information industry. It covers topics like differentiation of products and prices, lock-in effects, positive feedback, and price discrimination. It also provides an overview of major US antitrust laws like the Sherman Act and Clayton Act as well as anticompetitive practices in the Nepali context.
The document discusses antitrust and competition policy related to information goods and the information industry. It covers topics like differentiation of products and prices, lock-in effects, positive feedback, and price discrimination. It also provides an overview of major US antitrust laws like the Sherman Act and Clayton Act as well as anticompetitive practices in the Nepali context.
The document discusses antitrust and competition policy related to information goods and the information industry. It covers topics like differentiation of products and prices, lock-in effects, positive feedback, and price discrimination. It also provides an overview of major US antitrust laws like the Sherman Act and Clayton Act as well as anticompetitive practices in the Nepali context.
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Unit:9
Antitrust and Information
Policy Antitrust • Antitrust laws, also referred to as "competition laws," are statutes developed by the U.S. Government to protect consumers from predatory business practices by ensuring that fair competition exists in an open-market economy. • Also known as anti-monopoly law in china and Russia, In EU known as both antitrust and competition law. Competition Key to survival in any market driven economy.
Competition among firms , business houses or organization reduces
cost, improve productivity and quality, innovation etc...
Competition is consumer’s best friends.
Policy Overview We have developed three major themes in this book, each of which raises questions for government policy. Differentiation of products and prices.
Lock-in.
Positive feedback. Differentiation of products and prices.
Production of first copy of information goods are high which leads to
versioning are natural outcome in information industry and such strategy raise about antitrust issue about fair competition.
Is it discriminatory to charge different users different prices for
essentially the same product? Lock-in Since information products work together in systems, switching any single product can be very costly to users.
Lock-in resulting from high switching cost confers a huge competitive
advantage on firms that know how to take advantages of it.
Will you be branded an aftermarket monopolist under antitrust law if
you are the sole supplier to some locked-in customers? Positive Feedback Positive feedback based on network externalities is ubiquitous in the information economy If you agree to cooperate with your rivals to establish standards, you run the risk of violating laws against cartels and of collusion. alternatively, if you compete and win, you may be guilty of monopolization, depending on the tactics you employed to gain or keep control over the market. Even if you avoid antitrust entanglements, you may have to deal with regulatory agencies such as the FCC (Federal Communications Commission) . Price Differentiation We already discuss about differential pricing, which is a natural way to reduce high fixed costs of Information and Information technology. But the Robinson-Patman Act of 1936 ( or Anti-Price Discrimination Act) says that such price discrimination is illegal if it "effectively lessens competition," and many antitrust cases have been brought on these grounds. Example: a group of pharmaceutical drug manufacturers has been facing a massive antitrust action the past several years in part because they each set drug prices lower for hospitals and HMOs than for retail drug stores. Price Differentiation Robinson-Patman Act has been widely criticized on both legal and economic grounds, but it's the law. Three primary legal arguments that render the vast majority of price differentiation immune from successful legal challenge You are allowed to set lower prices that result from lower costs. You are allowed to set differential prices to meet the competition. Differential pricing is only questionable if it "lessens competition.“ Competition Policy The Sherman Act (1890) The Sherman Act (1890) makes it illegal to "monopolize" a market. The law attempts to prevent the artificial raising of prices by restriction of trade or supply. The purpose of the Sherman Act is not to protect competitors from harm from legitimately successful businesses, nor to prevent businesses from gaining honest profits from consumers, but rather to preserve a competitive marketplace to protect consumers from abuses. The Clayton Act (1914) The Clayton Act (1914) prevents mergers likely to "substantially lessen competition.“ It provided more detailed provisions to prohibit anticompetitive price discrimination, kept corporations from making exclusive dealing practices and expanded the ability for individuals to sue for damages. Price Discrimination: The Clayton Act addresses corporate price discrimination. Exclusive Deals: The Clayton Act also prevents companies from selling products with the condition that the buyer can only use their product. Mergers: The most important provision of this act however is the prevention of anticompetitive mergers. Anticompetitive Practices (Nepali Context) Creating Artificial Scarcity Collective Price Fixing Market Sharing Cartel Collusive Bidding or tendering Resale Price maintenance Tie-up Sales Telecommunications regulation and policy See ICT Policy 2072 IT Policy 2067 See Dursanchar Niti 2060