This presentation by Simon Roberts, Professor, Centre for Competition, Regulation and Economic Development, University of Johannesburg, was made during the discussion “Use of Economic Evidence in Cartel Cases” held at the 22nd meeting of the OECD Global Forum on Competition on 8 December 2023. More papers and presentations on the topic can be found out at oe.cd/egci.
This presentation was uploaded with the author’s consent.
This presentation by Amelia Fletcher, Professor of Competition Policy, Norwich Business School and Non-Executive Director, UK Financial Conduct Authority ; was made during the Workshop on market studies selection and prioritisation of sectors and industries held on 9 March 2017 at the OECD Headquarters. More papers and presentations on the topic can be found out at http://www.oecd.org/daf/competition/market-studies-workshop-on-selection-prioritisation-of-sectors-industries.htm
This presentation by Amelia Fletcher, Professor of Competition Policy, Norwich Business School and Non-Executive Director, UK Financial Conduct Authority ; was made during the Workshop on market studies selection and prioritisation of sectors and industries held on 9 March 2017 at the OECD Headquarters. More papers and presentations on the topic can be found out at http://www.oecd.org/daf/competition/market-studies-workshop-on-selection-prioritisation-of-sectors-industries.htm
The ppts contain topics related to Introduction of Global Strategic Management. It also includes multiple choice questions related to global strategic management
This presentation by Norway was prepared for the break-out Session 1, “Quantitative Evidence”, in the discussion “Economic Analysis in Merger Investigations” at the 19th OECD Global Forum on Competition on 9 December 2020. More papers and presentations on the topic can be found at http://oe.cd/eami.
This presentation was uploaded with the author’s consent.
This presentation by Albania was made during the break-out Session 3, “Techniques and evidence for assessing predatory pricing, margin squeeze and exploitative abuses” in the discussion “Economic analysis and evidence in abuse cases” held at the 20th meeting of the OECD Global Forum on Competition on 7 December 2021. More papers and presentations on the topic can be found out at oe.cd/eac.
Lezione in Inglese al Politecnico di Milano al Master internazionale in Marketing del 2015. Quest'anno (2016), la lezione sul CRM sarà il prossimo Febbraio 24
The market for email encryption is expected grow from USD 2.3 billion in 2018 to USD 5.8 billion by 2023, at a Compound Annual Growth Rate (CAGR) of 20.0% during the forecast period.
[144 Pages Report] Email encryption market size, analysis, trends, & forecasts. The global market for email encryption categorized by solution, service, deployment mode, organization size, industry vertical, and region.
This presentation by Morris Kleiner (University of Minnesota), was made during the discussion “Competition and Regulation in Professions and Occupations” held at the Working Party No. 2 on Competition and Regulation on 10 June 2024. More papers and presentations on the topic can be found out at oe.cd/crps.
This presentation was uploaded with the author’s consent.
This presentation comprises highlights from the publication OECD Competition Trends 2024 published in Paris on 6 March 2024 during the OECD Competition Open Day. The full publication can be accessed at oe.cd/comp-trends.
More Related Content
Similar to Use of Economic Evidence in Cartel Cases – ROBERTS – December 2023 OECD discussion
The ppts contain topics related to Introduction of Global Strategic Management. It also includes multiple choice questions related to global strategic management
This presentation by Norway was prepared for the break-out Session 1, “Quantitative Evidence”, in the discussion “Economic Analysis in Merger Investigations” at the 19th OECD Global Forum on Competition on 9 December 2020. More papers and presentations on the topic can be found at http://oe.cd/eami.
This presentation was uploaded with the author’s consent.
This presentation by Albania was made during the break-out Session 3, “Techniques and evidence for assessing predatory pricing, margin squeeze and exploitative abuses” in the discussion “Economic analysis and evidence in abuse cases” held at the 20th meeting of the OECD Global Forum on Competition on 7 December 2021. More papers and presentations on the topic can be found out at oe.cd/eac.
Lezione in Inglese al Politecnico di Milano al Master internazionale in Marketing del 2015. Quest'anno (2016), la lezione sul CRM sarà il prossimo Febbraio 24
The market for email encryption is expected grow from USD 2.3 billion in 2018 to USD 5.8 billion by 2023, at a Compound Annual Growth Rate (CAGR) of 20.0% during the forecast period.
[144 Pages Report] Email encryption market size, analysis, trends, & forecasts. The global market for email encryption categorized by solution, service, deployment mode, organization size, industry vertical, and region.
This presentation by Morris Kleiner (University of Minnesota), was made during the discussion “Competition and Regulation in Professions and Occupations” held at the Working Party No. 2 on Competition and Regulation on 10 June 2024. More papers and presentations on the topic can be found out at oe.cd/crps.
This presentation was uploaded with the author’s consent.
This presentation comprises highlights from the publication OECD Competition Trends 2024 published in Paris on 6 March 2024 during the OECD Competition Open Day. The full publication can be accessed at oe.cd/comp-trends.
This presentation by Cristina Camacho, Head of Cabinet and Head of International Relations, Portuguese Competition Authority, was made during the discussion “Use of Economic Evidence in Cartel Cases” held at the 22nd meeting of the OECD Global Forum on Competition on 8 December 2023. More papers and presentations on the topic can be found out at oe.cd/egci.
This presentation was uploaded with the author’s consent.
This presentation by William E. Kovacic, Global Competition Professor of Law and Policy and Director, Competition Law Center, The George Washington University, was made during the discussion “Ex-post Assessment of Merger Remedies” held at the 22nd meeting of the OECD Global Forum on Competition on 8 December 2023. More papers and presentations on the topic can be found out at oe.cd/eamr.
This presentation was uploaded with the author’s consent.
This presentation by John E. Kwoka, Neal F. Finnegan Distinguished Professor of Economics, Northeastern University, was made during the discussion “Ex-post Assessment of Merger Remedies” held at the 22nd meeting of the OECD Global Forum on Competition on 8 December 2023. More papers and presentations on the topic can be found out at oe.cd/eamr.
This presentation was uploaded with the author’s consent.
This presentation by Amelia Fletcher CBE, Professor of Competition Policy, University of East Anglia, was made during the discussion “Ex-post Assessment of Merger Remedies” held at the 22nd meeting of the OECD Global Forum on Competition on 8 December 2023. More papers and presentations on the topic can be found out at oe.cd/eamr.
This presentation was uploaded with the author’s consent.
This presentation by the OECD Secretariat was made during the discussion “Ex-post Assessment of Merger Remedies” held at the 22nd meeting of the OECD Global Forum on Competition on 8 December 2023. More papers and presentations on the topic can be found out at oe.cd/eamr.
This presentation was uploaded with the author’s consent.
This presentation by John Davies, Member, UK Competition Appeal Tribunal, was made during the discussion “Use of Economic Evidence in Cartel Cases” held at the 22nd meeting of the OECD Global Forum on Competition on 8 December 2023. More papers and presentations on the topic can be found out at oe.cd/egci.
This presentation was uploaded with the author’s consent.
This presentation by Serbia was made during the discussion “Alternatives to Leniency Programmes” held at the 22nd meeting of the OECD Global Forum on Competition on 7 December 2023. More papers and presentations on the topic can be found out at oe.cd/atlp.
This presentation was uploaded with the author’s consent.
This presentation by Italy was made during the discussion “Alternatives to Leniency Programmes” held at the 22nd meeting of the OECD Global Forum on Competition on 7 December 2023. More papers and presentations on the topic can be found out at oe.cd/atlp.
This presentation was uploaded with the author’s consent.
This presentation by Daniel CRANE, Richard W. Pogue Professor of Law, University of Michigan, was made during the discussion “Out-of-Market Efficiencies in Competition Enforcement” held at the 141st meeting of the OECD Competition Committee on 6 December 2023. More papers and presentations on the topic can be found out at oe.cd/omee.
This presentation was uploaded with the author’s consent.
This presentation by John DAVIES, Member, Competition Appeal Tribunal UK, was made during the discussion “Out-of-Market Efficiencies in Competition Enforcement” held at the 141st meeting of the OECD Competition Committee on 6 December 2023. More papers and presentations on the topic can be found out at oe.cd/omee.
This presentation was uploaded with the author’s consent.
This presentation by Nancy ROSE, Head of the Department of Economics and Charles P. Kindleberger Professor of Applied Economics, Massachusetts Institute of Technology (MIT), was made during the discussion “Out-of-Market Efficiencies in Competition Enforcement” held at the 141st meeting of the OECD Competition Committee on 6 December 2023. More papers and presentations on the topic can be found out at oe.cd/omee.
This presentation was uploaded with the author’s consent.
This presentation by Nicole ROSENBOOM, Principal, Oxera Consulting LLP, was made during the discussion “Out-of-Market Efficiencies in Competition Enforcement” held at the 141st meeting of the OECD Competition Committee on 6 December 2023. More papers and presentations on the topic can be found out at oe.cd/omee.
This presentation was uploaded with the author’s consent.
This presentation by Anna TZANAKI, Lecturer in Law, University of Leeds, was made during the discussion “Serial Acquisitions and Industry Roll-ups” held at the 141st meeting of the OECD Competition Committee on 6 December 2023. More papers and presentations on the topic can be found out at oe.cd/sair.
This presentation was uploaded with the author’s consent.
This presentation by Sha'ista GOGA, Director, Acacia Economics, was made during the discussion “Serial Acquisitions and Industry Roll-ups” held at the 141st meeting of the OECD Competition Committee on 6 December 2023. More papers and presentations on the topic can be found out at oe.cd/sair.
This presentation was uploaded with the author’s consent.
This presentation by Ioannis KOKKORIS, Chair in Competition Law and Economics and Director, Centre for Commercial Law Studies, Queen Mary University of London, was made during the discussion “Serial Acquisitions and Industry Roll-ups” held at the 141st meeting of the OECD Competition Committee on 6 December 2023. More papers and presentations on the topic can be found out at oe.cd/sair.
This presentation was uploaded with the author’s consent.
This presentation by the OECD Secretariat was made during the discussion “Serial Acquisitions and Industry Roll-ups” held at the 141st meeting of the OECD Competition Committee on 6 December 2023. More papers and presentations on the topic can be found out at oe.cd/sair.
This presentation was uploaded with the author’s consent.
This presentation by Simonetta VEZZOSO, Associate Professor, Economics Department, University of Trento, was made during the discussion “Competition and Innovation - The Role of Innovation in Enforcement Cases” held at the 141st meeting of the OECD Competition Committee on 5 December 2023. More papers and presentations on the topic can be found out at oe.cd/rbci.
This presentation was uploaded with the author’s consent.
This presentation by the OECD Secretariat, was made during the discussion “Competition and Innovation - The Role of Innovation in Enforcement Cases” held at the 141st meeting of the OECD Competition Committee on 5 December 2023. More papers and presentations on the topic can be found out at oe.cd/rbci.
This presentation was uploaded with the author’s consent.
More from OECD Directorate for Financial and Enterprise Affairs (20)
Acorn Recovery: Restore IT infra within minutesIP ServerOne
Introducing Acorn Recovery as a Service, a simple, fast, and secure managed disaster recovery (DRaaS) by IP ServerOne. A DR solution that helps restore your IT infra within minutes.
0x01 - Newton's Third Law: Static vs. Dynamic AbusersOWASP Beja
f you offer a service on the web, odds are that someone will abuse it. Be it an API, a SaaS, a PaaS, or even a static website, someone somewhere will try to figure out a way to use it to their own needs. In this talk we'll compare measures that are effective against static attackers and how to battle a dynamic attacker who adapts to your counter-measures.
About the Speaker
===============
Diogo Sousa, Engineering Manager @ Canonical
An opinionated individual with an interest in cryptography and its intersection with secure software development.
Sharpen existing tools or get a new toolbox? Contemporary cluster initiatives...Orkestra
UIIN Conference, Madrid, 27-29 May 2024
James Wilson, Orkestra and Deusto Business School
Emily Wise, Lund University
Madeline Smith, The Glasgow School of Art
Have you ever wondered how search works while visiting an e-commerce site, internal website, or searching through other types of online resources? Look no further than this informative session on the ways that taxonomies help end-users navigate the internet! Hear from taxonomists and other information professionals who have first-hand experience creating and working with taxonomies that aid in navigation, search, and discovery across a range of disciplines.
Obesity causes and management and associated medical conditions
Use of Economic Evidence in Cartel Cases – ROBERTS – December 2023 OECD discussion
1. OECD Global Forum Breakout Session:
How can competition agencies use economic evidence
in their enforcement work
Simon Roberts
Centre for Competition, Regulation & Economic Development,
University of Johannesburg
www.competition.org.za ; sroberts@uj.ac.za
8 December 2023
2. • Info exchange may, in itself, result in reduced competition
• What information? Prices, quantities?
• Focus often on price (see CTFTC), but information which enables
tracking of market shares may dampen price competition
• Remember, cartellists are trying to find second-best solutions to
the challenges of coordination
• Reaching agreement? an understanding which replaces
independent action
• Monitoring: information exchange can be essential
• Ability to punish deviation
• Back to basic economics: learning from cement?
Economic evidence & information
exchange…collusion 3.0?
2
3. Cement in UK, Southern Africa, and elsewhere
• Collecting and aggregating data on monthly sales volumes, by
geographic area, customer segments
• Pricing:
• Price lists are transparent; issue is with discounting
• Changing prices and ceiling to market power
• UK: Market investigation in cement, aggregates (2014) found
info exchange likely led to higher prices and ordered remedies
• South Africa cartel: meetings in Europe & SA; firm only sharing
information (not at meetings) found not to be colluding
• Cimbel (EC): info exchange on projected increases in capacity
and output found to be strengthening and supplementing
agreement
4. Effects? cement prices in UK
4
50
60
70
80
90
100
110
120
130
1996
JAN
1996
JUL
1997
JAN
1997
JUL
1998
JAN
1998
JUL
1999
JAN
1999
JUL
2000
JAN
2000
JUL
2001
JAN
2001
JUL
2002
JAN
2002
JUL
2003
JAN
2003
JUL
2004
JAN
2004
JUL
2005
JAN
2005
JUL
2006
JAN
2006
JUL
2007
JAN
2007
JUL
2008
JAN
2008
JUL
2009
JAN
2009
JUL
2010
JAN
2010
JUL
2011
JAN
2011
JUL
2012
JAN
2012
JUL
2013
JAN
2013
JUL
2014
JAN
2014
JUL
2015
JAN
2015
JUL
2016
JAN
2016
JUL
2017
JAN
2017
JUL
2018
JAN
2018
JUL
2019
JAN
2361000000: Concrete products for
Construction purposes
2351000000: Cement
2363000000: Ready-mixed Concrete
?? Inquiry: based
on margins, shares
found cement
issues from 2007,
PPI suggests 2005.
Concrete pipes
cartel timeline
based on
admissions
5. Poultry cartel cases: USA & Zambia
• Zambia 2018: four producers limiting breeding stock and
indirectly setting production quotas
• USA, civil & criminal cartel cases:
• Criminal cases have failed (although leniency and settlements)
• DoJ now bringing case against 3rd party info exchange (Agristats)
• Anonymised info on breeding stock, hatcheries, feed, broiler flocks,
slaughtering & processing, wages for workers, inventories, sales
• Using key price index, price announcements in public and market
studies
• Concentration and vertical linkages from breeding to broilers
meant could constrain production through breeder flocks
6. Multi-level cartels, hub & spoke arrangements
• Economists do not expect cartels at different levels – why
would firms at one level want others to make cartel margins?
• Hub & spoke cartels can have similar feature:
• Toys R Us: coordinating toy manufacturers (spokes) boycotted
warehouse clubs
• Replica football kits: producer coordinating retailers (spokes), when
one retailer had been discounting below RRP
• ‘Cheese initiative’ – processors and supermarkets (spokes)
• Exclusionary rationales alongside coordination
• Monitoring & information exchange
7. Cartels at each level:
• Scrap prices
• Primary steel manufactures
• Sales/trading
• Cutting and bending
• Installation
Importance of: monitoring,
ensuring barriers to entry
Multi-level cartels example: steel in SA
25
8.
9. • Justifying budget and mobilising resources: CMA
experience
• Advocacy to make the case for competition: crucial
• For calculation of cartel penalties?
• Some lessons from experience:
• Resource-intensive to do well – do selected assessments,
including commissioning independent studies
• Can generally only be done some time after cartel has ended
(time for effective competition to drive market outcomes)
• Should not be required for penalty calculations (opens door to
defendants, see Korea); instead, use to support framework for
penalties that ensure deterrence
Economic evidence demonstrating harm?
9
10. Example of concrete pipes in South Africa
Khumalo, J. J. Mashiane and S. Roberts (2014) Journal of Competition Law and Economics
10
0
200
400
600
800
1000
1200
1400
1600
1800
Mar-99
Aug-99
Jan-00
Jun-00
Nov-00
Apr-01
Sep-01
Feb-02
Jul-02
Dec-02
May-03
Oct-03
Mar-04
Aug-04
Jan-05
Jun-05
Nov-05
Apr-06
Sep-06
Feb-07
Jul-07
Dec-07
May-08
Oct-08
Mar-09
Aug-09
Jan-10
Jun-10
Nov-10
Apr-11
Rand/ton
Pipes
Curbs
Counterfactual pipes
11.
12. • Economic analysis is essential: flagging market outcomes
which appear inconsistent with competition
Inquiring into why, especially in important sectors
• Structural & behavioural are not separate, as the means of
coordination (behaviour) depends on the nature of the
industry – what coordination problems being solved?
• Cross-border cartels?
• Multinational companies (with similar arrangements in
different jurisdictions; multi-market contact)?
Some comments on economics for detection
12
13. • Likelihood of international
collusive agreements?
• Increasing evidence
• High concentration in important
sectors such as agri-food
• Easier to evade detection
• Consider East & Sern Africa
• Related companies across region
• Major transport routes
• Would cartels be national for
traded products?
• Examples: paint, steel, cement
cartels (e.g. Kenya)
International & cross-border cartels
13
Countries, cities, main ports
14. 14
• Observed behaviour consistent with normal competition?
• ‘Imperfect’ cartel arrangements – market division by country
• Production and trade flows:
• Market shares at regional level
• Companies not exporting when it appears rational to do so
• Customers/traders importing from apparent high-cost sources
• Pricing patterns within and across countries
• Basing point pricing, not related to actual costs of supply
• ‘Border effects’ – when (in theory) there is free trade
• Regional exchange of information: industry associations, private
data with digitalisation
• Other reasons: Non-tariff barriers
International cartels: screening