Abstract
A basic framework is provided to explain the integration process experienced by oligopolistic markets serving a homogeneous good in different countries. Over the past few decades, such processes have been observed, for instance, in some European markets – in particular, in the energy sector. The idiosyncratic element here is the introduction of an exogenously given antitrust commission that supervises competition in the market and has the authority to fine firms for anticompetitive behavior. We model the unification decision as a simple cooperative non-transferable utility game. We find that the creation of an antitrust commission plays a major role in providing the necessary incentives for market unification. In particular, the commission is able to induce unification of all markets via appropriate choice of antitrust policy. This stands in stark contrast to the benchmark scenario in which the antitrust commission is absent – here, market unification never occurs. We propose the Iberian Electricity Market (MIBEL) as a case study.
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Notes
DG Competition Report on Energy Sector Inquiry (Part 2), European Commission. Brussels, January 10th 2007. http://ec.europa.eu/competition/sectors/energy/inquiry/full_report_part2.pdf.
Article 6.5, Chapter VI, Directive 96/92/EC.
Article 20.3, Chapter VII, Directive 96/92/EC.
One of the Nord Pool’s objectives is to include the German, Dutch and Belgian markets as well in the near future.
To check the formation of intra-market coalitions in oligopolistic markets see, among others, Currarini and Marini (1998) and Bartolini and Zazzaro 2011). Some pieces on the application of cooperative game theory to international markets have been previously attempted. An important one was developed by Horn and Persson (2001).
See footnote 17.
An alternative assumption regarding the probability of receiving a fine that would be reasonable in many circumstances is that it is decreasing not in the number of firms in the market, but in the ratio of firms to consumers in the market. We address this briefly in Appendix B, where we show that our main result partially extends to this case.
We maintain this assumption through the rest of the section.
It is implicitly assumed that firms will abide by the rules of this new market and continue to act as an oligopoly, the only difference being the size of the market and the number of firms.
The possibility of effective negotiation is a key theoretical construction underpinning the cooperative game theory framework. Essentially, it is what allows for the possibility of coalition formation – the primary difference between the cooperative and non-cooperative frameworks. In the non-cooperative case, every player plays independently, and has no possibility to coordinate actions with other players as there is no mechanism through which to “agree” with them on an equilibrium action. The assumption that players can reach agreements provides for such a mechanism. These agreements need not necessarily be interpreted as binding – they are self-enforcing in that they are only agreed upon in the first place if it is in the interests of all parties involved. For further discussion, see Moulin (1995)[p. 403].
In the component-by-component sense.
Further details about commissions of this kind can be found, at least in the context of the European Union, in Neven (2006).
More generally, F can be interpreted as the expected value of the loss from any sanctions, changes in legislation, image problems, etcetera, resulting from an infraction.
We will provide brief remarks about the general case, which is a very simple extension.
As indicated in the survey by Feuerstein (2005), the assumption that, in oligopolistic models with symmetric firms, collusion becomes more difficult to sustain as the number of firms increases is a standard one (Shapiro 1989), for both price and quantity competition. This conclusion is also the main result of the well-known study by Dolbear et al. (1968): “collusion is possible and more likely to occur in an oligopoly market with a small number of firms”. The existence of collusive behavior as the number of firms shrinks is also the conclusion by Selten (1973) in the context of a Cournot oligopoly serving a homogeneous good (as is our case); the same conclusion in a similar setting is found by Phlips (1995). Further studies with similar conclusions are due to: Huck et al. (2004), in an experimental setting; Hamaguchi et al. (2009), in the context of cartels and leniency programs; Dufwenberg and Gneezy (2000), in the context of Bertrand oligopolies; and, Muren and Pyddoke (2006), in a context in which there is no communication between firms.
The corresponding expressions for the profits in the more general case without assuming a functional form are \({\Pi }^{\prime NU}_{i}={\Pi }^{NU}_{i}-F\cdot Q(N_{i})\) and \({\Pi }^{\prime U}_{S}={{\Pi }^{U}_{S}}-F\cdot Q\left ({\sum }_{s\in S}N_{s}\right )\), respectively.
The proof of this result follows from minor and obvious modifications to Proposition 2. The details are left to the reader.
Result 2 extends in part to the case where we make the alternative assumption that the probability of being fined is a strictly decreasing function of N i /L i . We provide a short note on this in Appendix B.
See footnote 17.
Directive 96/92/CE, Directive 2003/54/CE, Directive 2009/72/CE.
With this statement we want to emphasize the lack of competition that many (if not all) of the countries within the EU suffer in the electricity sector. The existence of entry barriers makes it very complicated (if not impossible) for new firms to enter the markets; a fact that applies to both potential domestic entrants as well as firms from other EU countries. Many court decisions and investigations have demonstrated this lack of competition, for instance, in Germany (Case COMP/39388 - German Electricity Wholesale Market and Case COMP/39389 - German Electricity Balancing Market), Belgium, France (Case COMP/39.386 Long-term contracts France), Spain (Resolución de la CNC al expediente sancionador S/0211/09), the UK (Ofgem report, March 27th 2014), Sweden (Case 39.351 Swedish Interconnectors) and Greece (Judgment of the General Court, Case T-169/08). In some particular cases, it has been proven that the lack of competition was, in fact, due to discrimination against other EU electricity traders and/or to hindering the entry of foreign competitors; that was true in (at least) the Czech Republic (European Commission, IP/11/891), Romania (European Commission, IP/14/214), Bulgaria (European Commission, IP/14/922) and Spain (European Parliament, Petition 0857/2006). Collusive market sharing in different EU territories was also proven in the Nord Pool (European Commission, IP/14/215). For additional support, see Green (2001) and Marques et al. (2008).
The final agreement for the unification of the markets was signed by both the President of Spain and the Prime Minister of Portugal in Lisbon in 2004.
For instance, the Nord Pool electricity market.
At the time the Spanish and Portuguese markets were integrated, Spain’s electricity market was dominated by three major firms: namely, Iberdrola, Endesa and Unión Fenosa (lately acquired by Gas Natural, which already had some stakes in the Spanish electricity industry). The fourth company Hidrocantábrico (HC) was smaller in size and market share in comparison to the other three according to information provided by the Spanish Comisión Nacional de Energía (CNE) in a 2005 report(http://www.cne.es/cne/doc/publicaciones/IAP_evolelectricidad.pdf). However, the Portuguese company Energias de Portugal (EDP) acquired HC in 2004, becoming its sole owner. Considering that HC was part of EDP, the size, market share and production of HC/EDP in the whole Iberian Peninsula was comparable to Iberdrola, Endesa and Unión Fenosa, as the data presented by Federico et al. (2008) suggests. In any case, the analysis as well as the conclusions are similar if we assume N S = 3 instead.
Expediente 552/02, Empresas eléctricas and Resolución del TDC of July 7th 2004.
Further efforts to achieve such a goal were implicitly included in the Directive 2009/72/CE, and can be explicitly found in the European Commission Communication of November 15th 2012.
Even though the electricity companies are private, links between the public sector and these companies are not a secret. See Observatorio de Responsabilidad Social Corporativa (2013).
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The authors acknowledge helpful comments by Marc Dudey and an anonymous referee.
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Appendices
Appendix: A
Proof of Proposition 1
In the segregated case, each firm in country i ∈ M obtains the profit
Let S be a coalition of J > 1 markets. To show that S cannot improve upon the segregated markets payoff vector x, we must show that the system of J inequalities defined by, for each j ∈ S, \({{\Pi }_{S}^{U}}> {\Pi }_{j}^{NU}\), cannot all be satisfied simultaneously. Indeed, they cannot all be satisfied even replacing the strict inequalities with weak inequalities. Suppose, to the contrary, that, for all j ∈ S, it is true that
Cancelling μ and ρ and rearranging, this can be written as
for all j ∈ S. Summing over j, this implies that
Expanding (3) leads to the condition
whence
This, however, implies that 1 ≥ J, contradicting our initial assumption that S is a coalition comprising at least two markets.
Hence, at least one country is strictly better off keeping its market segregated. Since the weak inequalities in Eq. 2 are a consequence of the strict inequalities, the same is true in the case of strict inequalities: for some j ∈ S, it must be that \({\Pi }_{j}^{NU}>{{\Pi }_{S}^{U}}\). It follows that, since S is an arbitrary coalition, there cannot be a core payoff vector in which there is any market unification at all – in any non-singleton coalition, one of the countries would deviate. □
Proof of Proposition 2
Let S be some coalition of J markets. Without loss of generality, write S = {1, … , J}. If it is the case that, for all j ∈ S, \(V(S)_{j}={\Pi }^{\prime U}_{j}>{\Pi }^{\prime NU}_{j}=V(\{j\})\), then the coalition improves upon their payoffs under segregated markets. We can write this set of conditions as: for each j ∈ S,
which, collecting terms multiplied by F and separating the sums, can be rewritten
Since the term in brackets multiplying F is strictly positive, it follows that, if F is chosen large enough to ensure that the inequality holds for a given j ∈ S, then the firms in market j prefer to unify their market with the other markets in coalition S. In particular, if F is chosen large enough so that the above inequality holds for each j ∈ S, then the coalition can improve upon their payoffs under segregated markets.
Moreover, it is clear that the case of a fully unified market will be the unique element of the core if F and λ are chosen appropriately (if S ⊂ M, think of S as a single firm s, where \(N_{s}={\sum }_{j\in S} N_{j}\) and \(L_{s}={\sum }_{j\in S}L_{j}\), and then apply the above argument repeatedly to show that, for appropriate F and λ, no subset of the grand coalition will deviate). □
Appendix: B
We provide a brief discussion further to footnotes 9 and 20. In some situations it would be justified to make the alternative assumption that the probability of being fined is, rather than depending on the absolute number of firms in the market, strictly decreasing in the ratio of firms to consumers, N i /L i . That is, the more firms per citizen, the less likely an individual firm is to be fined. Denote the probability by Q(N i /L i ). To simplify notation, write K i ≡N i /L i and \(K\equiv \frac {L_{1}+L_{2}}{N_{1}+N_{2}}\). Then, firms 1 and 2 will want to unify their markets if and only if, for j = 1, 2, it is true that \( {\Pi }^{U}-F\cdot Q(K)> {\Pi }^{NU}_{j}-F\cdot Q(K_{j}), \) or, equivalently,
It follows by basic algebra that, without loss of generality, K 1 ≤ K ≤ K 2, with strict inequalities whenever the ratios are not the same. If the ratios are the same, then the fines cancel out and we are back in the case without an antitrust commission and, hence, the two inequalities can not hold simultaneously by Result 1. Assume, then, the ratios are not the same, so that Q(K 1) > Q(K) > Q(K 2). The term multiplying F in Eq. 5 is positive for firm 1 and negative for firm 2. In particular, the following condition must be satisfied:
A necessary (but not sufficient) condition for this to hold for some F is that firm 2 would benefit from unification whereas firm 1 would suffer, i.e., \({\Pi }^{U}> {\Pi }^{NU}_{2}\) and \({\Pi }^{NU}_{1}> {\Pi }^{U}\).
There are cases where this is satisfied. For instance, if L 1 = 2, L 2 = 1, N 1 = N 2 = 1, then the condition reduces to \( \frac {1/12}{Q(K)-Q(K_{2})}> F > \frac {1/6}{Q(K_{1})-Q(K)}. \) Then if, say, Q(K 1) = 0.9, Q(K) = 0.4 and Q(K 2) = 0.2 (clearly, a probability function satisfying these properties exists), we find that any F satisfying 5/12 > F > 1/3 induces unification.
On the other hand, in some cases unification cannot be induced for any fine, regardless of the probability function. For example, the introduction of an antitrust commission does not lead to unification in any situation in which, in the absense of a commission, firms in neither market would be set to benefit from integration.
Thus, Result 2 extends partially to this case – an antitrust commission can exploit favorable conditions in the individual markets to induce integration. On the other hand, if these favorable conditions are lacking, integration cannot be induced regardless of the policy.
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Bajo-Buenestado, R., Cahan, D. Unification of Oligopolistic Markets for a Homogeneous Good in the Presence of an Antitrust Commission. J Ind Compet Trade 15, 239–256 (2015). https://doi.org/10.1007/s10842-014-0186-0
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DOI: https://doi.org/10.1007/s10842-014-0186-0