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Fourth Annual Chicago Forum on International ... - Mayer Brown

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In summary, the estimates in Table 3 reveal that the average listed price and the average<br />

minimum listed price both decline as the number of …rms declines. This is c<strong>on</strong>sistent with<br />

standard reas<strong>on</strong>ing, which suggests that heightened competiti<strong>on</strong> leads to lower prices. However,<br />

this ignores the endogenous listing decisi<strong>on</strong>s of …rms, which is, of course, relevant for<br />

the transacti<strong>on</strong> prices paid by c<strong>on</strong>sumers. Here, a more subtle story emerges. Both shoppers<br />

and loyals pay lower average transacti<strong>on</strong> prices as the <strong>on</strong>line market moves from m<strong>on</strong>opoly<br />

to duopoly. Thereafter, the e¤ects of increased competiti<strong>on</strong> diverge: Loyal c<strong>on</strong>sumers are<br />

harmed (pay higher average transacti<strong>on</strong> prices) as the number of …rms further increases,<br />

while shoppers bene…t from heightened competiti<strong>on</strong>.<br />

Table 4 uses the results in Table 3 to simulate the competitive e¤ects of a merger from N<br />

to N<br />

1 …rms, where column (a) represents the post-merger number of …rms. Obviously, the<br />

directi<strong>on</strong> of the price changes is identical to that in Table 3, but it is instructive to examine<br />

the implied percentage changes in prices to highlight the potential value of our methodology.<br />

Suppose …rst that the antitrust agency and the parties agree that the appropriate welfare<br />

standard is <strong>on</strong>e that aggregates shoppers and loyals, such that the average transacti<strong>on</strong> prices<br />

displayed in column (f) of Table 4 are relevant. Then so l<strong>on</strong>g as there is agreement that<br />

the merger does not result in m<strong>on</strong>opoly, a merger between two <strong>on</strong>line …rms will not harm<br />

the “average” <strong>on</strong>line c<strong>on</strong>sumer.<br />

This c<strong>on</strong>clusi<strong>on</strong> is based <strong>on</strong> the assumpti<strong>on</strong> that …rms<br />

in the <strong>on</strong>line channel do not compete against …rms in other channels. Thus, there is no<br />

need for the agency to examine claims by the parties that “there are many potential <strong>on</strong>line<br />

…rms” or that “brick and mortar …rms are also in the relevant market.” In e¤ect, column<br />

(f) reveals that— even though models of <strong>on</strong>line competiti<strong>on</strong> are more complex than standard<br />

homogenous product Bertrand competiti<strong>on</strong> and the “law of <strong>on</strong>e price”does not hold <strong>on</strong>line—<br />

the c<strong>on</strong>clusi<strong>on</strong>s based <strong>on</strong> our estimates are similar to what <strong>on</strong>e would have c<strong>on</strong>cluded based<br />

<strong>on</strong> the simple Bertrand model, at least in this particular <strong>on</strong>line market: There are no adverse<br />

competitive e¤ects of a horiz<strong>on</strong>tal merger in this <strong>on</strong>line market so l<strong>on</strong>g as it stops short of<br />

20

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