Lecture 5.

Market Definition Part III

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Competition Authority v ILCU

Facts of the case. Competition Authority alleged ILCU had abused a dominant position in the market for credit union representation services. ILCU established in 1960. Approx 430 credit unions in State members of ILCU. Around 10 non-members. Obligation on member credit unions to purchase LP/LS insurance from ECCU - a wholly owned subsidiary of ILCU. Several CUs obtained insurance elsewhere and were threatened with disaffiliation from ILCU. Rival body CUDA established with approx 20 members - mainly larger CUs.

'From a demand perspective there is no substitute available for credit union representation. The market for credit union representation involves the provision of a complex bundle of products and services to individual members. While certain of the individual products and services offered by a credit union representative organisation could be sourced independently by member credit unions, the nature of the market is such that these would not be adequate substitutes and credit unions would not switch away from the purchase of specialist credit union representation services, such as those provided by the ILCU, in response to a small but significant non-transitory increase in the price of those products or services.' (Emphasis added).

Competition Authority Statement of Claim

Authority expert 'it seems reasonable to argue that both representation services and SPS may be considered distinct relevant markets.'

No evidence to support such claims.

Change in tack at hearing. Authority argued two markets rather than one as originally claimed.

ILCU Argument

Authority argument changed at trial.

Court ruled in favour of Authority

FTC v. Staples 1997.

Pointers for Defining Market

Other Considerations When Defining Markets.

Residual Demand Elasticity – Measures Market Power Directly - Used in US Cases.

Defn: Residual Elasticity of Demand is the demand curve facing the individual firm, derived by subtracting supply curves of remaining firms from the overall industry demand curve.

The profit-maximization condition for the dominant firm is precisely the same as that for a monopolist, provided that the elasticity of demand in the condition is understood to be that faced by the dominant firm.

NB Residual elasticity not the same as own elasticity of demand which is used in SSNIP test.

Own elasticity of demand assumes no change in prices of rival suppliers in response to price change by dominant firm. Residual elasticity of demand incorporates price responses of other firms.


Readings.

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