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LONDON ADRIAN MAJUMDAR Economics RBB Foreclosure, Rollback Rebates & Tomra 1 May 2007 [email protected]

Economics RBB LONDONADRIAN MAJUMDAR Foreclosure, Rollback Rebates & Tomra 1 May 2007 [email protected]

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Page 1: Economics RBB LONDONADRIAN MAJUMDAR Foreclosure, Rollback Rebates & Tomra 1 May 2007 adrian.majumdar@rbbecon.com

LONDON ADRIAN MAJUMDAR

EconomicsRBB

Foreclosure, Rollback Rebates & Tomra

1 May 2007

[email protected]

Page 2: Economics RBB LONDONADRIAN MAJUMDAR Foreclosure, Rollback Rebates & Tomra 1 May 2007 adrian.majumdar@rbbecon.com

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What is “anticompetitive” foreclosure?

• A practice that raises barriers to entry and/or expansion, where entry and/or expansion would otherwise have occurred and materially benefited final consumers

• NB: a practice that “excludes” a rival does not necessarily harm consumers (e.g. when Domco lowers its price, all rivals suffer lost sales but consumers may well benefit)

• In theoretical models, the story of consumer harm is typically “dynamic”. By keeping the rival smaller than it otherwise would have been, the rival is denied economies of scale. As such, the rival is less effective a constraint on Domco.

Page 3: Economics RBB LONDONADRIAN MAJUMDAR Foreclosure, Rollback Rebates & Tomra 1 May 2007 adrian.majumdar@rbbecon.com

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Foreclosure – Initial Screens

Dominant Supplier

Final consumers

Rival supplier

‘loyal’ buyers Other buyers?

1: dominance?

What degree?

2: alternative routes to market to become a viable competitor?

Are ‘loyal’ buyers the gateway to the market?

Is self supply viable? (No entry barriers in downstream market)

Is direct supply viable?

How great are scale economies?

3: how does discount scheme affect incentives of buyers?

What is the reward?

How easy to meet target?

•Natural growth?

•Greater promotional effort?

•Direct substitution of Domco for rival?

Page 4: Economics RBB LONDONADRIAN MAJUMDAR Foreclosure, Rollback Rebates & Tomra 1 May 2007 adrian.majumdar@rbbecon.com

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• Rollback: once you hit the target, the lower price relates to ALL units purchased (also called ‘retroactive’ or ‘back to unit one’)

• Incremental: once you hit the target, discount applies to those units purchased at or above the target

Incremental and rollback rebates (1)

Page 5: Economics RBB LONDONADRIAN MAJUMDAR Foreclosure, Rollback Rebates & Tomra 1 May 2007 adrian.majumdar@rbbecon.com

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Incremental and rollback rebates (2)

Units purchasedtarget

List price

Discounted price

target

Unit price

List price

Discounted price

extra rebate with rollback when hit target

Total needs of “representative” buyer

AMC

“Appropriate measure of cost” (AMC)

Page 6: Economics RBB LONDONADRIAN MAJUMDAR Foreclosure, Rollback Rebates & Tomra 1 May 2007 adrian.majumdar@rbbecon.com

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Implied profit with rollback rebates

Units purchasedtarget

Unit price

AMC

Total needs

“Break even”

“Profit sacrifice zone”: If Domco can sell a lot of units at the list price, it will throw away (sacrifice) profit by rolling back the discount to all units

“Profit increment zone”: But, if Domco could not sell many units at the list price, inducing the buyer to reach the target is profitable.

“profit sacrifice zone”

“profit increment zone”

Page 7: Economics RBB LONDONADRIAN MAJUMDAR Foreclosure, Rollback Rebates & Tomra 1 May 2007 adrian.majumdar@rbbecon.com

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What should an equally efficient rival do?

Units purchasedtargettarget

Unit price

AMC

“stay put”“expand a bit”“expand a lot”

NB – we measure the rival’s sales from right to left

Page 8: Economics RBB LONDONADRIAN MAJUMDAR Foreclosure, Rollback Rebates & Tomra 1 May 2007 adrian.majumdar@rbbecon.com

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Which strategy is most profitable?

“profit sacrifice zone”

“profit increment zone”

“stay put”

“stay put” is more profitable than “expand a bit”

“expand a lot” is more profitable than “stay put”

Domco sells at its target

Domco’s sales fall below its target

Domco’s sales fall below its target

Notes: Blue arrow measures Domco’s salesYellow arrow measures Rival’s sales

Page 9: Economics RBB LONDONADRIAN MAJUMDAR Foreclosure, Rollback Rebates & Tomra 1 May 2007 adrian.majumdar@rbbecon.com

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Implication of a “captive base”

Domco has a captive base of sales (e.g. “must-have” good, switching costs faced by buyer)

Notes: Blue arrow measures Domco’s salesYellow arrow measures Rival’s sales

“profit sacrifice zone”

“profit increment zone”

“stay put” is more profitable

“expand a lot” is more profitable

Does the captive base extend into the “profit sacrifice zone”?

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• The EC Commission views rollback rebates as a form of “fidelity rebate” just because this form of discount can reward a buyer for sourcing a high share of its needs from Domco (e.g. where the target is set close to the buyer’s total needs)

• The EC Commission says that because any rollback rebate involves a “profit sacrifice zone” (or “suction effect”), it MUST raise barriers to growth (i.e. it must incentivise the rival to be “stay put”)

• But the EC Commission failed to acknowledge that:

• After a point, it becomes profitable for the rival to “expand a lot” – so it is important to identify whether other barriers exist (e.g. that give rise to Domco’s captive base)

• There may be sufficient sales not affected by the target to allow the rival to attain an efficient scale (i.e. is the target a relatively small share of the buyer’s total needs). If the (combination of many) targets in question do not deny the rival an efficient scale then harmful foreclosure is unlikely.

Tomra

Page 11: Economics RBB LONDONADRIAN MAJUMDAR Foreclosure, Rollback Rebates & Tomra 1 May 2007 adrian.majumdar@rbbecon.com

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Conclusion / Questions for discussion

• Is foreclosure feasible on the market?– Gateway buyers affected by Domco’s schemes?– Rival cannot reach efficient scale through alternative routes to market

or by product differentiation?

• Is the rival denied an efficient scale?– Domco sets target close to total needs of gateway buyers?– Domco has a large captive base with these buyers?

• Are rollback rebates indispensable to achieving certain efficiencies?

• Fact based story of harm… what standard of proof required?– Does the rollback scheme accentuate other barriers to growth?– Is the rival denied an efficient scale of production?– How does this ultimately harm consumers?– What standard of proof: “capable” vs “likely” vs “very likely”?– What is the risk of precedent that deters pro-competitive behaviour?