Competition Policy - Spring 2005 Collusion II

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Prepared with SEVI S LIDES Competition Policy - Spring 2005 Collusion II Antonio Cabrales & Massimo Motta April 22, 2005

Summary Symmetry helps collusion Multimarket contacts Cartels and renegotiation Optimal penal codes Leniency programmes (simp. Motta-Polo)

Symmetry helps collusion (1/2) Market A : Firm 1 (resp. 2 ) has share s A 1 = λ (resp. sa 2 = 1 λ ). λ > 1 2 : firm 1 large ; firm 2 is small. Firms are otherwise identical. Usual infinitely repeated Bertrand game. ICs for firm i = 1, 2 : s A i (p m c) Q(p m ) (p m c) Q(p 1 δ m ) 0, 1

Symmetry helps collusion (2/2) Therefore: IC A 1 : λ 1 δ 1 0, or: δ 1 λ. IC A 2 : 1 λ 1 δ 1 0, or: δ λ (binding IC of small firm). Higher incentive to deviate for a small firm: higher additional share by decreasing prices. The higher asymmetry the more stringent the IC of the smallest firm. 2

Multimarket contacts (1/3) Market B : Firm 2 (resp. 1 ) with share s B 2 = λ (resp. sb 1 = 1 λ ): reversed market positions. ICs in market j = A, B considered in isolation: s j i (p m c) Q(p m ) (p m c) Q(p 1 δ m ) 0, IC B 2 : λ 1 δ 1 0, or: δ 1 λ. IC B 1 : 1 λ 1 δ 1 0, or: δ λ. By considering markets in isolation (or assuming that firms 1 and 2 in the two markets are different) collusion arises if δ λ > 1/2. 3

Multimarket contacts (2/3) If firm sells in two markets, IC considers both of them: s A i (p m c) Q(p m ) 1 δ + sb i (p m c) Q(p m ) 1 δ 2 (p m c) Q(p m ) 0, (1) or: (1 λ) (p m c) Q(p m ) 1 δ + λ (p m c) Q(p m ) 1 δ 2 (p m c) Q(p m ) 0. (2) Each IC simplifies to: δ 1 2. Multimarket contacts help collusion, as critical discount factor is lower: 1 2 < λ. 4

Multimarket contacts (3/3) Firms pool their ICs and use slackness of IC in one market to enforce more collusion in the other. In this example, multi-market contacts restore symmetry in markets which are asymmetric. 5

Cartels and renegotiation (1/6) Consider explicit agreements (not tacit collusion). McCutcheon (1997): renegotiation might break down a cartel. Same model as before, but firms can meet after initial agreement. After a deviation, incentive to agree not to punish each other. = since firms anticipate the punishment will be renegotiated, nothing prevents them from cheating! Collusion arises only if firms can commit not to meet again (or further meetings are very costly). This conclusion holds under strategies other than grim ones. 6

Cartels and renegotiation (2/6) Asymmetric (finite) punishment (to reduce willingness to renegotiate): for T periods after a deviation, the deviant firm gets 0; non-deviant gets at least π(p m )/2. After, firms revert to p m. T chosen to satisfy IC along collusive path: π(p m ) 2(1 δ) π(pm )+ δt +1 π(p m ) 2(1 δ), (3) or: δ(2 δ T ) 1. But deviant must accept punishment. 7

Cartels and renegotiation (3/6) IC along punishment path (if deviating, punishment restarted): δ T π(p m ) 2(1 δ) π(pm ) 2 +δt +1 π(p m ) 2(1 δ). (4) False, since it amounts to δ T 1. Under Nash reversal or other strategies, no collusion at equilibrium if (costless) renegotiation allowed. 8

Cartels and renegotiation (4/6) Costly renegotiation: Can small fines promote collusion? Every meeting: prob. θ of being found out. Expected cost of a meeting: θf (F = fine). Benefit of initial meeting: π(p m )/ (2(1 δ)). It takes place if: θf < π(p m )/ (2(1 δ)). 9

Cartels and renegotiation (5/6) Benefit of a meeting after a deviation (asymmetric punishments): T 1 t=0 δ tπ(pm ) ) 2 =π(pm 2 ( 1 δ T 1 δ ). It takes place if: θf < π(p m )(1 δ T )/ (2(1 δ)). 1. θf π(p m )/ (2(1 δ)). Each meeting very costly: no collusion. 2. π(p m )/ (2(1 δ)) > θf π(p m )(1 δ T )/ (2(1 δ)). Initial meeting yes, renegotiation no: collusion (punishment is not renegotiated). 3. π(p m )(1 δ T )/ (2(1 δ)) > θf. Expected cost of meetings small: renegotiation breaks collusion. 10

Cartels and renegotiation (6/6) Discussion Importance of bargaining and negotiation in cartels. No role in tacit collusion. But such further meetings might help (eg., after a shocks occur, meetings might avoid costly punishment phases). Genesove and Mullin (AER, 2000): renegotiation crucial to face new unforeseeable circumstances; infrequent punishments, despite actual deviations...... but cartel continues: due to such meetings? 11

Optimal penal codes (1/9) Abreu: Nash forever not optimal punishment, if V p i > 0. Stick and carrot strategies, so that V p i = 0 : max sustainability of collusion. An example of optimal punishments Infinitely repeated Cournot game. n identical firms. Demand is p = max{0, 1 Q}. 12

Optimal penal codes (2/9) Nash reversal trigger strategies IC for collusion: π m /(1 δ) π d + δπ cn /(1 δ), (1 + n)2 δ 1 + 6n + n 2 δcn. Under Nash reversal, V p = δπ cn /(1 δ) > 0. 13

Optimal penal codes (3/9) Optimal punishment strategies Symmetric punishment strategies might reduce V p. Each firm sets same q p and earns π p < 0 for the period after deviation, then reversal to collusion: V p (q p ) = π p (q p ) + δπ m /(1 δ). If q p so that V p = 0, punishment is optimal. Credibility of punishment if: π p (q p ) + V p (q p ) π dp (q p ) + δv p (q p ), or ( δπm (1 δ) πdp (q p ) + δ π p (q p ) + (If deviation, punishment would be restarted.) δπm (1 δ) ). 14

Optimal penal codes (4/9) Therefore, conditions for collusion are: δ π d π m π m π p (q p ) δc (q p ) δ πdp (q p ) π p (q p ) π m π p (q p ) δ p (q p ) (ICcollusion) (ICpunishment). Harsher punishment: ICcollusion relaxed: dδc (q p ) dq p < 0,...but IC punishment tightened: dδp (q p ) dq p > 0. 15

Optimal penal codes (5/9) Linear demand Cournot example: π p (q p ) = (1 nq p c)q p, for q p ( 1 c n + 1, 1 n ) π p (q p ) = cq p, for q p 1 n. (for q 1/n, p = 0 ). π dp (q p ) = (1 (n 1) q p c) 2 /4, for q p ( 1 c n + 1, 1 c n 1 ) π dp (q p ) = 0, for q p 1 c n 1. (Note that 0 = V p π dp + δv p which implies π dp = 0.) 16

Optimal penal codes (6/9) and: δ c (q p ) = (1 c)2 (n 1) 2 1 c 4n(1 c 2nq p ) 2, for n + 1 < qp < 1 n δ c (q p (1 c) 2 (n 1) 2 ) = 4n(1 2c + c 2 + 4ncq p ), for qp 1 n, δ p (q p ) = n(1 c qp nq p ) 2 (1 c 2nq p ) 2, for 1 c n + 1 < qp < 1 c n 1 δ p (q p ) = 4nqp ( 1 + c + nq p ) (1 c + 2nq p ) 2, for 1 c n 1 qp < 1 n δ p (q p 4ncq p ) = 1 2c + c 2 + 4ncq p, for qp 1 n. Figure: intersection between ICC and ICP, q p, determines lowest δ. 17

Optimal penal codes (7/9),, 1 1 0.5 0.5 0.2 0.2 Figure 1a Figure 1b Incentive constraints along collusive and punishment paths. Figure drawn for c = 1/2 and: (a) n = 4; (b) n = 8. 18

Optimal penal codes (8/9) Figure 1a: q p = (3n 1)(1 c) 2n(n+1) q p 1 < 1 c n 1 (for n < 3 + 2 2 5.8 ) Figure 1b q p = (1+ n) 2 (1 c) 4n n q p 2 > 1 c n 1 (for n > 3 + 2 2 ) Therefore: (n + 1)2 δ = 16n, for n < 3 + 2 2 (n 1) 2 (n + 1) 2, for n 3 + 2 2. 19

Optimal penal codes (9/9) 1 0.5 5 10 Conditions for collusion: Nash reversal (δ nc ) vs. two-phase (δ) punishment strategies Firms might do better than Nash reversal without V p = 0. 20

Leniency programmes (simp. Motta-Polo) (1/8) Timing (infinite horizon game): t = 0 : AA can commit to LP with reduced fines. 0 R F. All firms know R, prob. α AA opens investigation, prob. p it proves collusion. (R to any firm cooperating even after investigation opens.) t = 1 : The n firms collude or deviate and realize per-period Π M or Π D. Grim strategies (forever Π N after deviation). AA never investigates if firms do not collude. t = 2 : See Figure. For any t > 2, if no investigation before, as in t = 2. Focus on δ (Π D Π M )/(Π D Π N ): if no antitrust, collusion. 21

Leniency programmes (simp. Motta-Polo) (2/8) AA Investigation No Investigation a 1-a Reveal f1 Not Reveal Reveal f2 Not Reveal Reveal f2 Not Reveal AA Guilty Not Guilty p 1-p Game tree, at t = 2. 22

Leniency programmes (simp. Motta-Polo) (3/8) Solution t = 2 : revelation game if investigation opened: firm 2 firm 1 Reveal Not Reveal Reveal Π N 1 δ R, Π N 1 δ R Π N 1 δ F, Π N 1 δ R Not Reveal Π N 1 δ R, Π N 1 δ F p( Π N 1 δ F ) + (1 p) Π M 1 δ, p( Π N 1 δ F ) + (1 p) Π M 1 δ (Reveal,.., Reveal) always a Nash equilibrium. (Not reveal,.., Not reveal), is NE: (1) if pf < R, always; (2) if pf R and: p Π M Π N + R(1 δ) = p(δ, R, F ). (5) Π M Π N + F (1 δ) 23

Leniency programmes (simp. Motta-Polo) (4/8) If (NR,.., NR) NE exists, selected (Pareto-dominance, risk dominance). Firms reveal information only if p > p. (a) If no LP, R = F and p = 1 : firms never collaborate. (b) To induce revelation the best is R = 0. 24

Leniency programmes (simp. Motta-Polo) (5/8) t = 1 : collude or deviate? (1) Collude and reveal: p > p : V CR V D, if: α Π M Π D + δ(π D Π N ) = α CR (δ, R). δ(π D Π N + R) (2) Collude and not reveal: p p. V CNR V D if: (1 δ)[π α M Π D + δ(π D Π N )] δ[pf (1 δ) + p(π M Π N ) + Π D (1 δ) Π M + δπ N ] = α CNR(δ, p, F ), if p [F (1 δ) + Π M Π N ] > Π M Π D + δ(π D Π N ); always otherwise. 25

Leniency programmes (simp. Motta-Polo) (6/8) 1 α CNR NC α CR α (a) (b) CNR 0 p CR p 1 Figure: note areas (a) and (b). 26

Leniency programmes (simp. Motta-Polo) (7/8) Implementing the optimal policy LP not unambiguously optimal: ex-ante deterrence vs. ex-post desistence. Motta-Polo: LP to be used if AA has limited resources. Intuitions: 1) NC>CR>CNR. 2) If high budget, high (p, α ) and full deterrence by F, (LP might end up in (a)). 3)if lower budget, no (NC): better (CR) by R = 0 than (CNR). 27

Leniency programmes (simp. Motta-Polo) (8/8) Fine reductions only before the inquiry is opened Same game, but at t = 2, reveal or not before α realises. LP ineffective: no equilibrium collude and reveal. (No new info after decision of collusion and before moment they are asked to cooperate with AA).

Prepared with SEVI S LIDES Competition Policy - Spring 2005 Collusion II Antonio Cabrales & Massimo Motta April 22, 2005