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Supracompetitive pricing is pricing above what can be sustained in a competitive market. This may be indicative of a business that has a unique legal or competitive advantage or of anti-competitive behavior that has driven competition from the market.
An example of a unique legal advantage would be a drug company that is the first to discover and successfully manufacture a medication to treat a certain disease. Initially, as the only market player, the drug company may be able to charge supra competitive prices until other companies catch up. In this case, the regulatory hurdle for drug approval may prove a substantial barrier to new competition.
However, other companies may not be able to enter the market due to another barrier to entry, intellectual property (IP) rights. The drug company may have a patent on the new formulation, barring competitors until the patent expires unless they can license rights from the IP owner. An example of a competitive advantage may be a large company with a trusted brand name and a substantial marketing budget that simply overwhelms a local competitor by driving demand for its product over the competitor's product, at least in the short term. Supracompetitive pricing may also result following a period of predatory pricing, which has potential antitrust implications for the predator.
In marketing, multiple competitive strategies, including price manipulation, can be used in order to gain competitive advantage. Successful marketing and business strategies are not only concentrated on creating the value for the customer, but also on the competition. Considering that, companies can decide between two main approaches, i.e. competitive strategies : [1] • First approach is directed towards development and implementation of competition oriented strategies whose main goal is to create “better state of peace” between the market competitors. • Second approach is directed towards development of strategies whose main goal is to weaken, eliminate or destroy the competitor company. Those strategies are not focused on consumer welfare, but are oriented towards maximization of profits. This type of strategy is known as predatory strategy or predatory pricing.
The concept of supracompetitive pricing is connected to the concept of predatory pricing. Predatory pricing can be defined as a dynamic market strategy that is characteristic in a single market where a company decides to develop a business strategy that includes the sacrifice in a short run in order to eliminate existing competition and acquisition of a dominant market position where the losses can be recovered by setting supracompetitive prices . [2] Predatory pricing refers to the process of elimination of competition by setting predatory prices, prices that are so low that they drive the competition out of the market thus enabling the establishment of monopoly where a company can recoup their loss and generate more profit by setting supracompetitive prices. [3]
There are two main stages that are present in the strategy of predatory, i.e. supracompetitive pricing that include predation stage and post-predation stage (Weismann, 2006). Predation phase is focused on lowering of the prices, usually below some measure of economic cost. This is known as an incremental cost and the main purpose is to make the competitor companies to leave the market. The second phase is post-predation phase where the company raises the prices of their products and services to supracompetitive level . [4] Taking that into account, it is possible to derive two main characteristics of supracompetitive prices (Baumol, 2003): • Supracompetitive prices are used to gain monopolistic market position and regain losses that occurred in the predatory phase, • Supracompetitive prices have no legitimate business justification besides regaining losses realized during the predatory phase.
It is considered that traditional predatory strategy that includes setting supracompetitive prices in a regular market can't be sustained and it is considered to be irrational . [5] There is an ongoing debate regarding supracompetitive pricing, i.e. if there is the necessity for state authorities to pursue companies that are setting supracompetitive prices. There is an ongoing debate, as well as growing number of articles that are well informed about the issues of excessive pricing and its impact on the economy and many of those have proposed that different countries need to establish a set of measures that are most appropriate in their country regarding supracompetitive pricing (Nair, Mondliwa, 2015). This type of intervention should especially be considered in small economies where self-correction ability of the market is limited. In big markets there some arguments against intervention regarding supracompetitive prices. Those include the following : [6] • Supracompetitive prices are self-regulating. The first argument against state intervention and regulation of supracompetitive pricing is that supracompetitive prices are self-correcting. That statement is based on two main arguments. Firstly, supracompetitive prices attract new entrants to the market that can easily gain market share by offering products and services at a lower price compared to the competitor that has set supracompetitive price. Secondly, with the possibility of new entrants, dominant companies are forced to lower the prices of their products and services in order to keep their dominant market position. In cases where there are no significant barriers to enter the market present, dominant companies will refrain from setting supracompetitive prices, at least in the long run. • Price control lessens incentives for investment. Temporary high prices are present and important in the dynamic markets. Firms invest and gain profits for risky investments when supracompetitive prices are present. Price regulation and state intervention can thus discourage potential investments since the rewards are lower in less risky environment. • Supracompetitive prices are difficult to assess. Dominant companies charge for their products and services the prices that are higher than the marginal cost. The question that it is necessary to answer is when the price is too high. There are two main criteria that need to be taken into consideration while deciding if the prices are supracompetitive. First is determining if the price poses a threat to survival of an efficient competitor. Second is determining is the price has a legitimate business justification (Baumol, 2003). • There is no appropriate regulation to remedy supracompetitive prices. Authorities can find that some companies set supracompetitive prices that undermine the customer welfare and present a threat of survival to competing companies. In those cases authorities can fine the company setting supracompetitive prices in order to stop excessive charging. But these types of activities can be implemented periodically and in the end don't represent the long-term solution for the problem of supracompetitive pricing.
Even though there are multiple reasons against regulation of supracompetitive prices and the traditional predation model is considered to be irrational and inefficient, there are a few conditions that need to be satisfied for this marketing strategy to be considered rational and acceptable. Those primarily include the presence of predatory company in multiple markets with multiple products and services, information distribution where possible new entrants and existing competition don't recognize the signs of predatory strategy and presence of market conditions and entry barriers that enable supracompetitive pricing. [7] Claims of predation and supracompetitive pricing are not uncommon in dynamic market, but in many cases those are just attempts of the competitors to raise their rivals’ cost . [8] The antitrust laws are concerned with the task of distinguishing competitive strategies that contribute to welfare enhancement of consumers from ones that reduce the welfare of consumers. That task is becoming more complex and difficult with the possible presence of predatory marketing strategy, i.e. supracompetitive pricing (Gundlach, 1995). Price predation represents only one possible strategy of companies that seek to strengthen their market position, but it is not necessarily the only marketing strategy the company applies in order to gain market power. The predatory strategy can be used in combination with other strategies such as non-predatory strategy that is focused on raising the costs of rivals’ products and services.
A monopoly, as described by Irving Fisher, is a market with the "absence of competition", creating a situation where a specific person or enterprise is the only supplier of a particular thing. This contrasts with a monopsony which relates to a single entity's control of a market to purchase a good or service, and with oligopoly and duopoly which consists of a few sellers dominating a market. Monopolies are thus characterised by a lack of economic competition to produce the good or service, a lack of viable substitute goods, and the possibility of a high monopoly price well above the seller's marginal cost that leads to a high monopoly profit. The verb monopolise or monopolize refers to the process by which a company gains the ability to raise prices or exclude competitors. In economics, a monopoly is a single seller. In law, a monopoly is a business entity that has significant market power, that is, the power to charge overly high prices, which is associated with unfair price raises. Although monopolies may be big businesses, size is not a characteristic of a monopoly. A small business may still have the power to raise prices in a small industry.
In economics, imperfect competition refers to a situation where the characteristics of an economic market do not fulfil all the necessary conditions of a perfectly competitive market. Imperfect competition causes market inefficiencies, resulting in market failure. Imperfect competition usually describes behaviour of suppliers in a market, such that the level of competition between sellers is below the level of competition in perfectly competitive market conditions.
In the United States, antitrust law is a collection of mostly federal laws that regulate the conduct and organization of businesses in order to promote competition and prevent unjustified monopolies. The three main U.S. antitrust statutes are the Sherman Act of 1890, the Clayton Act of 1914, and the Federal Trade Commission Act of 1914. These acts serve three major functions. First, Section 1 of the Sherman Act prohibits price fixing and the operation of cartels, and prohibits other collusive practices that unreasonably restrain trade. Second, Section 7 of the Clayton Act restricts the mergers and acquisitions of organizations that may substantially lessen competition or tend to create a monopoly. Third, Section 2 of the Sherman Act prohibits monopolization.
Porter's Five Forces Framework is a method of analysing the operating environment of a competition of a business. It draws from industrial organization (IO) economics to derive five forces that determine the competitive intensity and, therefore, the attractiveness of an industry in terms of its profitability. An "unattractive" industry is one in which the effect of these five forces reduces overall profitability. The most unattractive industry would be one approaching "pure competition", in which available profits for all firms are driven to normal profit levels. The five-forces perspective is associated with its originator, Michael E. Porter of Harvard University. This framework was first published in Harvard Business Review in 1979.
Penetration pricing is a pricing strategy where the price of a product is initially set low to rapidly reach a wide fraction of the market and initiate word of mouth. The strategy works on the expectation that customers will switch to the new brand because of the lower price. Penetration pricing is most commonly associated with marketing objectives of enlarging market share and exploiting economies of scale or experience.
Anti-competitive practices are business or government practices that prevent or reduce competition in a market. Antitrust laws ensure businesses do not engage in competitive practices that harm other, usually smaller, businesses or consumers. These laws are formed to promote healthy competition within a free market by limiting the abuse of monopoly power. Competition allows companies to compete in order for products and services to improve; promote innovation; and provide more choices for consumers. In order to obtain greater profits, some large enterprises take advantage of market power to hinder survival of new entrants. Anti-competitive behavior can undermine the efficiency and fairness of the market, leaving consumers with little choice to obtain a reasonable quality of service.
In theories of competition in economics, a barrier to entry, or an economic barrier to entry, is a fixed cost that must be incurred by a new entrant, regardless of production or sales activities, into a market that incumbents do not have or have not had to incur. Because barriers to entry protect incumbent firms and restrict competition in a market, they can contribute to distortionary prices and are therefore most important when discussing antitrust policy. Barriers to entry often cause or aid the existence of monopolies and oligopolies, or give companies market power. Barriers of entry also have an importance in industries. First of all it is important to identify that some exist naturally, such as brand loyalty. Governments can also create barriers to entry to meet consumer protection laws, protecting the public. In other cases it can also be due to inherent scarcity of public resources needed to enter a market.
In economics and business ethics, a coercive monopoly is a firm that is able to raise prices and make production decisions without the risk that competition will arise to draw away their customers. A coercive monopoly is not merely a sole supplier of a particular kind of good or service, but it is a monopoly where there is no opportunity to compete with it through means such as price competition, technological or product innovation, or marketing; entry into the field is closed. As a coercive monopoly is securely shielded from the possibility of competition, it is able to make pricing and production decisions with the assurance that no competition will arise. It is a case of a non-contestable market. A coercive monopoly has very few incentives to keep prices low and may deliberately price gouge consumers by curtailing production.
Predatory pricing is a commercial pricing strategy which involves the use of large scale undercutting to eliminate competition. This is where an industry dominant firm with sizable market power will deliberately reduce the prices of a product or service to loss-making levels to attract all consumers and create a monopoly. For a period of time, the prices are set unrealistically low to ensure competitors are unable to effectively compete with the dominant firm without making substantial loss. The aim is to force existing or potential competitors within the industry to abandon the market so that the dominant firm may establish a stronger market position and create further barriers to entry. Once competition has been driven from the market, consumers are forced into a monopolistic market where the dominant firm can safely increase prices to recoup its losses.
Competition law is the field of law that promotes or seeks to maintain market competition by regulating anti-competitive conduct by companies. Competition law is implemented through public and private enforcement. It is also known as antitrust law, anti-monopoly law, and trade practices law; the act of pushing for antitrust measures or attacking monopolistic companies is commonly known as trust busting.
In economics, the theory of contestable markets, associated primarily with its 1982 proponent William J. Baumol, held that there are markets served by a small number of firms that are nevertheless characterized by competitive equilibrium because of the existence of potential short-term entrants.
In economics, market power refers to the ability of a firm to influence the price at which it sells a product or service by manipulating either the supply or demand of the product or service to increase economic profit. In other words, market power occurs if a firm does not face a perfectly elastic demand curve and can set its price (P) above marginal cost (MC) without losing revenue. This indicates that the magnitude of market power is associated with the gap between P and MC at a firm's profit maximising level of output. The size of the gap, which encapsulates the firm's level of market dominance, is determined by the residual demand curve's form. A steeper reverse demand indicates higher earnings and more dominance in the market. Such propensities contradict perfectly competitive markets, where market participants have no market power, P = MC and firms earn zero economic profit. Market participants in perfectly competitive markets are consequently referred to as 'price takers', whereas market participants that exhibit market power are referred to as 'price makers' or 'price setters'.
In Economics and Law, exclusive dealing arises when a supplier entails the buyer by placing limitations on the rights of the buyer to choose what, who and where they deal. This is against the law in most countries which include the USA, Australia and Europe when it has a significant impact of substantially lessening the competition in an industry. When the sales outlets are owned by the supplier, exclusive dealing is because of vertical integration, where the outlets are independent exclusive dealing is illegal due to the Restrictive Trade Practices Act, however, if it is registered and approved it is allowed. While primarily those agreements imposed by sellers are concerned with the comprehensive literature on exclusive dealing, some exclusive dealing arrangements are imposed by buyers instead of sellers.
In the theories of competition in economics, strategic entry deterrence is when an existing firm within a market acts in a manner to discourage the entry of new potential firms to the market. These actions create greater barriers to entry for firms seeking entrance to the market and ensure that incumbent firms retain a large portion of market share or market power. Deterring strategies, might include an excess capacity, limit pricing, predatory pricing, predatory acquisition and switching costs. Although in the short run, entry deterring strategies might lead to a firm operating inefficiently, in the long run the firm will have a stronger holder over market conditions.
Market structure, in economics, depicts how firms are differentiated and categorised based on the types of goods they sell (homogeneous/heterogeneous) and how their operations are affected by external factors and elements. Market structure makes it easier to understand the characteristics of diverse markets.
A business can use a variety of pricing strategies when selling a product or service. To determine the most effective pricing strategy for a company, senior executives need to first identify the company's pricing position, pricing segment, pricing capability and their competitive pricing reaction strategy. Pricing strategies and tactics vary from company to company, and also differ across countries, cultures, industries and over time, with the maturing of industries and markets and changes in wider economic conditions.
In United States antitrust law, monopolization is illegal monopoly behavior. The main categories of prohibited behavior include exclusive dealing, price discrimination, refusing to supply an essential facility, product tying and predatory pricing. Monopolization is a federal crime under Section 2 of the Sherman Antitrust Act of 1890. It has a specific legal meaning, which is parallel to the "abuse" of a dominant position in EU competition law, under TFEU article 102. It is also illegal in Australia under the Competition and Consumer Act 2010 (CCA). Section 2 of the Sherman Act states that any person "who shall monopolize. .. any part of the trade or commerce among the several states, or with foreign nations shall be deemed guilty of a felony." Section 2 also forbids "attempts to monopolize" and "conspiracies to monopolize". Generally this means that corporations may not act in ways that have been identified as contrary to precedent cases.
The six forces model is an analysis model used to give a holistic assessment of any given industry and identify the structural underlining drivers of profitability and competition. The model is an extension of the Porter's five forces model proposed by Michael Porter in his 1979 article published in the Harvard Business Review "How Competitive Forces Shape Strategy". The sixth force was proposed in the mid-1990s. The model provides a framework of six key forces that should be considered when defining corporate strategy to determine the overall attractiveness of an industry.
Hypercompetition, a term first coined in business strategy by Richard D’Aveni, describes a dynamic competitive world in which no action or advantage can be sustained for long. Hypercompetition is a key feature of the new global digital economy. Not only is there more competition, there is also tougher and smarter competition. It is a state in which the rate of change in the competitive rules of the game are in such flux that only the most adaptive, fleet, and nimble organizations will survive. Hypercompetitive markets are also characterized by a “quick-strike mentality” to disrupt, neutralize, or moot the competitive advantage of market leaders and important rivals.
In economics, profit is the difference between revenue that an economic entity has received from its outputs and total costs of its inputs, also known as surplus value. It is equal to total revenue minus total cost, including both explicit and implicit costs.