Competition Policy Background Flashcards

1
Q

Why is competition policy necessary?

A

Since firms may be inclined to restrict competition in their attempt to increase their market power at the expense of their competitors and/or consumers

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2
Q

How can competition policy be broadly defined?

A

As the set of policies and laws which ensure that competition in the marketplace is not restricted in such a way as to reduce economic welfare

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3
Q

What led to the introduction of competition policy in the USA?

A

The large improvements in transportation and communication at the end of the nineteenth century which drove firms to exploit economies of scale and scope to reduce their cost, which in turn increased competition, resulting in price wars and so to stabilise prices, dominant firms reacted by forming cartels and consumers got hurt in the process, resulting in antitrust laws being passed in many states

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4
Q

What is a cartel?

A

A group of independent market participants who collude with each other in order to improve their profits and dominate the market.

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5
Q

What was antitrust policy mainly guided by between WW2 and mid 1970s?

A

The early industrial organisation known as the Structure-Conduct-Performance (SCP) approach, Harvard School of thought

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6
Q

What was the Chicago School of thought when it came to competition policy and intervention?

A

It contrasted the Harvard school by criticising the heavily interventionist approach to business practises and mergers and advocated for the efficiencies that can be brought about by these practises to be recognised, more of a laissez-faire approach

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7
Q

Why was the Leniency policy introduced?

A

In order to strengthen the fight against cartels

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8
Q

True or False:

In the EU, competition laws exist at the national and supranational levels

A

True, but we mainly look at the supranational

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9
Q

When were competition laws first introduced in the UK and why?

A

In 1919, in an attempt to curb prices after WW1

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10
Q

Why were competition laws amended in the UK after WW2

A

With the objective to reduce unemployment through competition in the marketplace

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11
Q

In the UK, what were the acts prior to the major reform of 1998 characterised by?

A

A lack of clear objectives and enforcement tools

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12
Q

What was Germany’s view on cartels in the early 20th century?

A

They were permitted and even enforceable in courts, as they were seen as an instrument to stabilise prices

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13
Q

When was the first supranational competition law adopted in the EU? What was it?

A

In 1951 within the Treaty of Paris
It aimed to ‘prevent, restrict, or distort the normal operation of competition’

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14
Q

What have the common European Competition laws been important for?

A

Economic efficiency and market integration, distinguishing it from US

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15
Q

When was the merger regulation adopted in the EU?

A

1989 to fill the gap left by the Treaty of Rome (which did not consider mergers explicitly)

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16
Q

What does it mean if acts are per se violations of the Sherman Act?

A

no justification or defence is allowed because they are considered so harmful to competition

17
Q

The 1920 US Steel decision had a major impact on US antitrust policy, how?

A

The Supreme court made it clear that what matters is not the mere fact of being a monopoly but how a firm has obtained monopoly power and how it uses it

18
Q

What articles is EU Competition legislation contained in?

A

Articles 101 and 102 of the Treaty on the Functioning of the European Union (TFEU)

19
Q

What does Article 101 deal with?

A

Cartels and restrictive vertical agreements

20
Q

What is the most obvious example of illegal conduct infringing Article 101?

A

A cartel between competitors (which may involve price-fixing or market sharing)

21
Q

What does Article 102 deal with?

A

With firms that have a dominant market share and abuse that position and also covers mergers, acquisitions and joint ventures

22
Q

What can the Commission do to those firms that violate EU Competition rules?

A

Impose fines

23
Q

Have differences between US and EU Competition policy decreased or increased over the last decades?

A

Decreased, they are governed by similar principles

24
Q

What case that was defended in the USA and EU around 2000 resulted in different conclusions?

A

The Virgin/British Airways case

25
Q

What is the Sherman Act of 1980?

A

The cornerstone of US antitrust policy

26
Q

True or false:

In the EU a dominant firm is not allowed to offer discounts to encourage loyalty (it can only do so for efficiency reasons, such as cost savings from large orders)

A

True

27
Q

Is the US generally less or more interventionist than the EU in practises such as predatory or excessive prices, bundling and tying?

A

US is generally less interventionist

28
Q

Are mergers more likely to be allowed in the US or in the EU?

A

US

29
Q

How did the main goals of US and EU antitrust laws differ from the beginning?

A

US antitrust law was to protect competition and prevent monopolies in the interest of consumers whereas the EC saw strict competition policy as a way for market integration

30
Q

Why did European markets have significantly more local dominant positions than in the USA?

A

They were formerly protected by trade barriers,

31
Q

Apart from differing history between European business environment and US, why else is there diverging approaches in the review of competition cases between EU and US

A

The US had a larger involvement of professional economists than the EU

32
Q

Who made the importance of economic analysis in the US antitrust increase significantly?

A

The Chicago school in 1970s and 1980s and later by ‘post-Chicago’ theories of industrial organisation rooted in game theory.

33
Q

What school of thought does this align with?

“markets tend to lead to efficient outcomes if left unrestricted”

A

Chicago

34
Q

Does the Chicago school recommend not exaggerating market imperfections and looking at the potential welfare-enhancing efficiency effects resulting from higher concentration, mergers and vertical arrangments?

A

Yes

35
Q

What ideas have exerted deep influence on US antitrust, helping to form the basis of a set of ‘ground rules’

A

The Chicago ideas

36
Q

What does the Chicago school believe the main objective of competition policy is?

A

Consumer welfare, competition is only an intermediate goal, which may sometimes be traded off against efficiencies (such as synergies from a merger)

37
Q

“Competition policy should protect competition, not competitors” aligns more with US or EU?

A

US

38
Q

When was the Chief Competition Economist in Directorate General for Competition of the European Commission introduced?

A

2003

39
Q
A