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* Glasner and Hilke are economists with the Bureau of Economics in the
Federal Trade Commission. Pegram is assistant professor in the Business and
Public Services Division at Northern Virginia Community College. The authors
have participated in a number of cases in which price discrimination played a
prominent part in defining the market and in assessing competitive effects. This
paper was prompted in large part by our participation in the merger between
Donnelley and Meredith/Burda printing operations. Glasner and Pegram were
staff economists working on investigation and subsequent litigation of the
Donnelley matter. Hilke served as the expert witness for Complaint Counsel in
the administrative hearing. We are indebted to Jon Baker, Steve Brenner, Ian
Gale, Debra Holt, and Earl Thompson for their helpful comments and suggestions
on earlier drafts of this paper. We are solely responsible for any remaining errors
or misstatements. The views expressed in this paper are entirely our own and do
not necessarily reflect those of the Federal Trade Commission or individual
Commissioners.
Introduction
It would not be easy to name a market phenomenon more widely
market can be defined under section 1.12 of the Merger Guidelines if and only if
the hypothetical monopolist could price discriminate profitably, the question
arises: how accurate must the hypothetical monopolist be in targeting these
vulnerable customers for the targeted price increase to be profitable? We find
that, under a 5-percent threshold for a price increase, profitable price
discrimination requires only targeting only slightly more accurate than random
selection. We extend the analysis in Section IV to take into account the
incentive, under price discrimination, to reduce price to some customers as while
raising price to others. We conclude in section V.
II.
the next section, it may be helpful to begin by explaining why imperfect targeting
reduces the profitability of price discrimination. Under uniform pricing, some
customers are generally more responsive to a price change than others. If a seller
can identify the less price-responsive customers price-responsive (i.e., those with
less elastic demands), it can gain by raising price to these customers and cutting
price to the more price-responsive customers.
The conventional analysis of price discrimination does not concern itself
with how the seller can distinguish between less and more responsive customers.
What if the seller cannot distinguish between customers at least not perfectly?
Consider, for now, the less responsive customers with relatively inelastic
demands. The seller, seeking to raise price just to them, could err in two ways.
One is to fail to identify, and thus fail to raise price to, a price-insensitive
customer; the other is to mistake, and raise price to, a price-sensitive customer for
a price-insensitive customer. The first error reduces the profitability of price
discrimination, but cannot make it unprofitable. The second, if repeated too
often, can make it unprofitable, so our concern here is mainly with the second
type of error.
If mistargeted, price-sensitive customers could respond in two ways. One
is to reduce purchases, the other is to switch to a competing supplier or to a
substitute product. The profitability of price discrimination thus depends on the
size of the price increase, the relative frequency with which price-sensitive
customers are mistargeted, and on the foregone profit when mistargeted
customers reduce or terminate their purchases.
Is a seller that cannot distinguish between price sensitive and
price-insensitive customers precluded from profitable price discrimination? Not
necessarily, because even with no knowledge about individual customers, the
seller can differentiate its product in a way that appeals to the divergent tastes of
its customers. A seller might, for example, offer price-insensitive customers a
product with enhanced features for which they would pay a premium. To retain
price-sensitive customers unwilling to pay a premium for enhanced features, the
seller could offer a low-priced, economy option without the added features. By
offering two options, thereby inducing customers to self-select, the seller avoids
having to target customers individually. Price-insensitive customers, whom the
seller would like to target for a price increase, will choose the high-price option
while price-sensitive customers, whom the seller does not want to target for a
price increase, will choose the low-price option. The low-price option avoids the
loss of price-sensitive customers when an enhanced product is offered at a
premium price.iv
A similar point was made in perhaps the earliest economic analysis of
price discrimination, Jules Dupuits pioneering 1850 discussion of railway
passage. (See Ekelund 1970.) Dupuit observed that by offering different classes
of passenger transport, railway companies extracted more revenue from
passengers than they could with just one class of service and one rate schedule.
A railroad, Dupuit argued, increases its profit by degrading the quality of its
lowest class of service below the optimal quality under uniform pricing.
Third-class quality is so unattractive that only the most price-sensitive passengers
travel third-class rather than pay a quality premium. At the same time, the
railroad offers a deluxe first-class service by which it extracts the surplus of
passengers with the least elastic demands.
It is not because of the few thousand francs which would have to
be spent to put a roof over the third-class carriages or to upholster the
third-class seats that some company or other has open carriages and wood
benches . . . What the company is trying to do is to prevent the passengers
who can pay the second-class fare from traveling third class; it hits the
poor, not because it wants to hurt them, but to frighten the rich. . . . And it
is again for the same reason that the companies, having proved almost
cruel to third-class passengers and mean to second-class ones, become
lavish in dealing with first-class passengers. Having refused the poor
what is necessary, they give the rich what is superfluous.
However, some sellers, unlike Dupuits railroad company, may find that
competition from low-end substitutes prevents them from degrading their low-end
option in order to increase high-end demand. Whether because of low-end
substitutes or because of deliberate low-end quality degradation, a
price-discriminating seller typically perceives a highly elastic demand for its
low-end offering. Thus, a seller that adopts a discriminatory pricing strategy, but
does not reduce price to some customers as it raises price to others, must already
be operating under a powerful competitive constraint in serving its most
price-sensitive customers. Although it may seem paradoxical, a seller that, in
adopting a strategy of price discrimination, cuts price to some customers while
raising it to others cannot have been under a severe competitive constraint before
it began to price discriminate.
Although product differentiation can, by inducing self-selection, avoid the
problem of mistargeting price-sensitive customers for a price increase, it is still
possible that some price-insensitive customers, who would pay a high price if
there were no low-price option, will forego the premium option if a low-price
option is available. However, if we bear in mind the distinction between a seller
that sells in a highly competitive market at the low end, but seeks to raise price to
from the sales of the high-end option exceed the fixed costs of developing and
marketing the new high-end product. Only if those fixed costs are high relative
to potential rents, can the second type of mistargeting undermine
self-selection-inducing product differentiation as a price-discrimination strategy.
To better understand how product differentiation facilitates price
discrimination, it may be helpful to mention two examples discussed in an earlier
treatment of imperfect targeting (Hausman, Leonard and Velturro 1996). One
example involved sophisticated applications software (e.g., graphics, architectural
design, mathematical programming), purchasers of which were either highly
knowledgeable professionals with relatively inelastic demands for advanced
features or moderately sophisticated non-professionals with relatively elastic
demands for those features. Because the software application is distributed in
standardized packaging to anyone willing to pay the quoted price, it was
suggested that targeting was unlikely to be precise enough for price
discrimination to be profitable.
However, the earlier discussion of this example did not consider product
differentiation as a way of overcoming the targeting problem. In fact, software
manufacturers routinely offer low-end and high-end versions (Quicken and
Quicken Deluxe or RealOne Player and RealOne SuperPass) calculated to induce
customers voluntarily to disclose the nature of their demands. A classic case of
price discrimination in the computer industry (albeit one involving hardware not
software) involved just such product differentiation. Shortly after introducing its
10
Since gravure printers have both offset and gravure equipment, a gravure
monopolist could induce self-selection by allowing customers to choose between
a low offset and a high gravure price.vi
We have shown in this section that imperfect targeting may well have no
adverse effect on the profitability of price discrimination if product differentiation
can be used to induce customer self-selection. Our discussion also underscores
the distinction between the relatively elastic demand in the low-end market and
the relatively inelastic demand in the premium market that underlies any
successful attempt to price discriminate. Thus, it should not be surprising that,
under price discrimination, customers with highly elastic demands pay prices at or
near marginal cost. That a seller charges some of its customers prices that are
highly competitive, reflects not the lack, but the enhanced exercise, of market
power. We now consider the profitability of price discrimination when product
differentiation cannot be used profitably to induce customer self-selection.
III.
11
12
is defined presumes that the hypothetical monopolist could not profitably raise
price to all customers. In these circumstance, the relevant market may be
defined, on strictly demand-side grounds (inasmuch as price discrimination
encompasses supply-side substitution) as the subset of customers vulnerable to a
price increase (Merger Guidelines, sec. 1.12).
Let us now explain precisely how imperfect targeting might preclude the
delineation of a relevant market conditional on a theory of price discrimination.
Given the merger of two competing firms, suppose that the hypothetical
monopolist could not profitably raise price to all customers, but could profitably
do so by at least 5 percent to some subset of customers. There are two possible
reasons why these vulnerable customers are not already paying the added 5
percent: a) competition between the merging firms has been keeping price close
to the competitive level; b) the merging firms could not distinguish between
vulnerable customers who would pay a premium for the product they sell and
invulnerable customers who would switch to substitute products offered by
non-merging firms rather than absorb a price increase by the merging firms. If
none of the vulnerable customers were paying a premium before the merger
because of a), then vulnerable customers might be adversely affected by the
merger. If, however, the absence of a premium were owing to b), then there is no
reason to assume that the merger would create an added risk of a price increase to
vulnerable customers unless the merger somehow allowed the combined firm to
identify vulnerable customers more easily than was previously the case. To
13
determine whether the absence of any premerger price premium was because of a)
or b), we wish to calculate whether the hypothetical monopolist could profitably
try to target vulnerable customers even though mistargeting might induce some
less vulnerable customers to switch to suppliers of alternative products. This
exercise can, in principle, allow us to calculate the minimum targeting success
rate under which a targeted price increase of a given magnitude (say 5 percent) is
more profitable for the hypothetical monopolist than maintaining the uniform
pre-merger price.
To determine whether a discriminatory price increase would be profitable
for a hypothetical monopolist when it cannot avoid mistargeting invulnerable
customers, we must precisely specify the premerger equilibrium that provides the
profit benchmark. Assume that before the merger there are only two suppliers of
some product G which sells for $1/unit. Some, but not all, purchasers of G prefer
it to the closest substitute, a competitively supplied product, O, (which also sells
for $1) and would be willing to pay at least $1.05/unit for G rather than buy O
instead.vii The remaining purchasers of G are indifferent (or nearly so) between
the two products and would switch to O before paying even $1.05/unit for G.
Since our hypothetical monopolist cannot identify with certainty which
customers would pay a premium of at least 5 percent for G over what they paid in
the premerger equilibrium, we want to know how much mistargeting would make
the attempt to price discriminate unprofitable. Our calculation requires an
assumption about the marginal cost of the hypothetical monopolist. Although we
14
are free to assume any value for marginal cost, our assumption must be consistent
with profit maximization by the hypothetical monopolist. In particular, marginal
cost must, under profit maximization, equal marginal revenue. If the best that the
hypothetical monopolist can do, without price discriminating, is to maintain the
permerger price, then we can infer the elasticity of demand facing the
hypothetical monopolist directly from the ratio price to marginal cost.
Suppose, then, that the marginal cost of the G-producers is $0.50/unit.
For the G-monopolist to be maximizing its profit (at least without price
discriminating) at the pre-merger price of $1.00, it must perceive an elasticity of
demand equal to 2 (in absolute value). Otherwise, the G-monopolist could gain
by charging a lower (if elasticity is greater than 2) or a higher (if elasticity is less
than 2) price.viii Thus, under the Guidelines thought experiment for defining a
relevant market conditional on price discrimination, the G-monopolist is charging,
given its marginal cost, the profit-maximizing uniform price to its customers.
Otherwise, we would not be concerned with defining a narrow market in which
the G-monopolist could profitably increase price to only some of its customers.ix
Since our assumption about marginal cost allows us to determine the
elasticity of demand perceived by the G-monopolist in the initial
non-discrimination equilibrium, we can use that knowledge to determine the
proportion of that demand accounted for by the two distinct categories of
customers that, we have assumed, are now purchasing from the G-monopolist. In
one category (let us call them LV-customers) are those that would switch from G
15
16
17
Implied
Elasticity of
Demand
Implied
Share of
purchases by
LV-customer
s
1.0526
20
100.00%
0.00%
50.00%
1.1
11
55.00%
45.00%
64.52%
1.25
25.00%
75.00%
80.00%
1.5
15.00%
85.00%
86.96%
18
Random
Targeting
Success Rate
Minimum
Targeting
Success Rate
1.75
2.33
11.67%
88.33%
89.55%
10.00%
90.00%
90.91%
1.5
7.50%
92.50%
93.02%
1.33
6.67%
93.33%
93.74%
1.25
6.25%
93.75%
94.11%
and the opportunity for price discrimination, the profit opportunity from reducing
price and increasing sales to LV customers greatly exceeds the profit opportunity
from raising price and restricting sales of HV customers. How does the incentive
to reduce price to LV customers affect the targeting analysis of the previous
section? The answer, of course, depends on what happens when price is
mistakenly raised to LV-customers to whom the G-monopolist would prefer to
reduce price.
Before we can determine what happens when price is mistakenly raised to
LV-customers we must first consider an ambiguity in our simple targeting
analysis. What accounts for the increase in sales to LV-customers in the event of
a price reduction? Are current LV-customers increasing purchases or does the
reduced price induce switching by new LV-customers that had formerly been
buying the close substitute O? If the increase in sales is accounted for by current
LV-customers, then not cutting (much less raising) price to current LV-customers
is very costly to the G-monopolist. However, if the increase in sales stems from
20
new LV-customers that switch from O-suppliers because of the reduced price of
G, then the mistargeting of current LV-customers is not so costly, because
mistargeted LV-customers can be replaced by offering a low price to
LV-customers that switch from O-suppliers. Although either explanation for the
increase in LV-sales is logically tenable, it does seem that if the responsiveness of
quantity sold to a price increase reflects switching by customers from G to O, the
responsiveness of quantity sold to a price decrease would reflect switching by
customers in the opposite direction.xiv
Let us now assume that the perceived LV-demand curve reflects both
switching by LV-customers back and forth between G and O at their particular
point of indifference between G and O. At the initial price of $1, all
LV-customers whose point of indifference between G and O was between $1 and
$1.05 are purchasing G, but all of them would switch back to O if the price rose to
$1.05. As the price falls below $1, additional LV-customers will switch from O
to G and LV-customers already purchasing G will increase their purchases of G in
response to the reduced price of G. Let k represent the fraction of the increase in
quantity demanded from any price reduction for G below the current price of $1
that is attributable to increased purchases by existing LV customers. The fraction
of the increased quantity demanded resulting from switching by LV-customers
switching from O is then represented by 1-k.
Under our assumptions about the pre-merger equilibrium, and for any
values of and k, we can compute the profitability of a 5 percent price increase
21
targeted at HV-customers combined with the optimal price reduction offered to all
LV-customers except those mistakenly targeted for a price increase. The
profitability of this pricing strategy can be compared with one in which no
HV-customers are targeted for a price increase, but the price is reduced optimally
to all LV customers. This comparison allows us to derive the set of values of
and k for which a price increase to HV-customers will be optimal. For example,
given = .95, a 5 percent price increase to HV-customers will be profitable
provided that k is less than .56. (See mathematical appendix for details of
derivation.)
Thus, even with a moderately high replacement rate for mistargeted
LV-customers, it is more than likely that a price increase imperfectly targeted at
HV customers will be the most profitable pricing strategy for a hypothetical
G-monopolist.
V.
Conclusion
Despite a long tradition of concern about price discrimination as an
antitrust problem, it has been argued that profitable price discrimination will turn
out to be unprofitable if targeting is imperfect. The implication of this concern is
that anticompetitive theories contingent on price discrimination provide an uneasy
basis for antitrust enforcement. We focus on two aspects of targeting of price
discrimination that ease this concern. First we review the long-standing
understanding that customer self-selection in the presence of product
differentiation greatly improves the odds that price discrimination is profitable.
22
Second, we find that changes in the relationship between the price-cost ratio and
the minimum targeting success are closely related to the mutual interdependence
of price, marginal cost, elasticity of demand, the minimum targeting success rate,
and the mix between those customers that are vulnerable and those that are not
vulnerable to a discriminatory price increase. Taking these interrelationships into
account, we find that for price discrimination to serve as a basis for market
delineation under the Guidelines, targeting need be only modestly more accurate
than the random selection of customers for a 5-percent price increase. Moreover,
if sellers can replace mistargeted customers by offering new customers moderate
discounts, the likelihood that imperfect targeting could cause an otherwise
profitable price-discrimination strategy to be unprofitable seems remote indeed.
23
References
Areeda, P. A. and H. J. Hovenkamp. 2004. Antitrust Law.
Dupuit, J. 1850. On Tolls and Transport Charges.
Ekelund, R. B. Jr. 1970. Price Discrimination and Product Differentiation in
Economic Theory: An Early Analysis. Quarterly Journal of
Economics 84:268-78.
Glasner, D. 1997. The Capacity-Diversion Defense in Owens-Illinois and
Donnelley. Antitrust Law Bulletin 42(1): 5-27
Glasner, D. 2001. The Logic of Market Definition. Manuscript. Bureau of
Economics, FTC.
Glasner, D., J. Hilke, and B. Pegram. 2001. The Donnelley Case: A Study in
the Law and Economics of Price Discrimination. Manuscript. Bureau
of Economics, FTC.
Hausman, J. A., G. K. Leonard, and C. K. Vellturo. 1996. Market Definition
Under Price Discrimination. Antitrust Law Journal 64:367-86.
Hicks, J. R. [1935] 1952. Annual Survey of Economic Theory: The Theory
of
Monopoly. Econometrica 3(1): 1-20. Reprinted in Readings in
Price Theory, edited by K. E. Boulding and G. J. Stigler, pp. 361-83.
Chicago: Irwin.
Robinson, J. 1933. The Economics of Imperfect Competition. London:
Macmillan.
Samuelson, P. A. 1947. The Foundations of Economic Analysis. New York:
Athenaeum
Samuelson, P. A. 1964. Economics. 6th edition. New York: McGraw-Hill.
Shapiro, C. and H. Varian. 1998. Information Rules. Cambridge: Harvard
Business School Press.
Sraffa, P. 1926. The Laws of Returns under Competitive Conditions.
Economic Journal 36:535-50.
Stigler, G. J. 1968. The Organization of Industry. Homewood, Ill.: Irwin.
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25
Footnotes
26
iv. Customers are unlikely to defect from the initial single-prdcut equilibrium
unless there is a very large gap between the premium and the economy options.
The seller might then have to moderate the price increase at the high end in order
not to drive too many customers toward the low price option, or risk losing
low-end customers for whom even the low-end price is too high. In such a
situation, the seller might be willing to incur the added fixed costs of introducing
a third intermediate option (e.g., business class on longer airline flights). See
discussion in the next four paragraphs of text.
v. Hausman et al. mischaracterize the price discrimination theory advanced by
the FTC staff as being predicated on a supposed preference of some print buyers
for gravure over offset. While the FTC staff asserted that some customers did
prefer gravure to offset for quality reasons, their anticompetitive theory of price
discrimination was actually predicated on a gravure cost advantage over offset for
27
long press runs. The FTC argued that pricing for printing jobs with long press
runs were constrained by low-cost gravure printers not by higher-cost offset
printers. The ability to target vulnerable gravure customers did not require,
under the FTC theory, knowledge about preferences, just knowledge about the
relative costs of the two processes, knowledge readily available to gravure
printers that all had offset as well as gravure capacity. See Donnelley, slip. op.,
fn. 68 at 31. For a full discussion of these issues see Glasner, Hilke and Pegram
(2004). For a discussion of capacity diversion, another supposed obstacle to
profitable price discrimination cited in both Owens-Illinois and Donnelley, see
Glasner (1997).
vi. The targeting analysis of Hausman et al. was also cited by counsel for Oracle
in their court papers in support of Oracles position that it would not be possible
for Oracle to target vulnerable customers who viewed Oracle and PeopleSoft as
their best alternatives for high-function enterprise software for a price increase
after the merger. Because even a hypothetical monopolist over the relevant
applications could not be sure whether a customer was truly vulnerable, counsel
for Oracle argued that price discrimination could not be profitable and a relevant
market conditional on price discrimination could not be defined. DOJ,
apparently unwilling to challenge Oracles position that a price discrimination
market was untenable, insisted that its proposed product market was defined in
terms of objective product characteristics and required no specific ability to target
28
customers. See
Defendant Oracle Corporations Trial Memorandum, section II. Price
Discrimination Theory Could Not Sustain The Alleged Relevant Markets.
vii. In this case with the only two suppliers proposing to merger analysis of the
relevant market and of competitive effects collapse into one.
viii. Assuming that the G-monopolist is earning zero profit (i.e., its average cost
is $1 a unit) does not suffice as an equilibrium condition from which to determine
whether the hypothetical monopolist could increase profit through price
discrimination. The excess of price over marginal cost must still be reconciled
with profit maximization in the premerger equilibrium. The irrelevance of the
zero-profit condition to the characterization of the initial non-discrimination
equilibrium can be seen by supposing that postmerger the G-monopolist would
not raise above its average cost of $1 a unit because doing so would invite entry.
That assumption explains why price is not above $1 a unit, but not why, with a
marginal cost of only $.50 a unit, it would not be profitable to reduce price
uniformly and increase output. Unless the marginal revenue of the G-monopolist
is only half a dollar, i.e., it perceives an overall elasticity of demand equal to 2 (in
absolute value), the G-monopolist would increase profit by cutting price. Since,
by assumption, entry would be unprofitable at a price below $1, entry could not
erode the profit resulting from a price cut.
29
ix. The threat of entry obviously constrains a uniform price increase by the
G-monopolist and not a price increase targeted at HV-customers. But the entire
exercise of defining a price-discrimination market was predicated on the
assumption that the G-monopolist could not profitably raise price to all its
customers. It is that assumption which implies that the LV-demand facing the
G-monopolist must, with or without the threat of entry, be highly elastic.
x. The elasticity of demand can be written as follows:
E = (dq/dp)(p/q),
where E is the elasticity of demand (dq/dp) is the inverse of the slope of the
demand curve, i.e., the change in quantity sold, q, resulting from a small change
in price, p. If demand is linear, then (dq/dp) is a constant. Without loss of
generality, we have normalized price and quantity so that q and p are both equal
to 1. Thus, elasticity is equal to the inverse of the slope of the demand curve.
Since an increase in price equal to $0.05 causes a reduction in quantity sold of 1,
the elasticity must equal 20 (in absolute value).
xi. Hausman et al. actually recognize this point, but not its implications.
Describing the effect of a uniform 5-percent price increase when the overall
elasticity of demand is two, they write (p. 368):
[S]uppose that the demand for the product is relatively elastic, e.g., a 5
percent price increase will result in a 10 percent decrease in the quantity
sold. For a 5 percent price increase, 10 percent of the original demand is
from marginal customers who switch in response to the price increase.
The other 90 percent of the original demand is from inframarginal
30
customers who continue to purchase at the higher price. Even though the
inframarginal customers outnumber the marginal customers nine to one,
the number of marginal customers may be sufficiently large to make the 5
percent price increase unprofitable for the hypothetical monopolist.
xii. We observe in passing that imperfect, but better-than-random, targeting does
not make price discrimination unprofitable, but rather tends to diminish both the
optimal price increase to vulnerable customers and the optimal price reduction to
invulnerable customers. The logic is simple, since the imperfectly targeted group
of vulnerable customers is disproportionately made up of truly vulnerable
customers, the average elasticity of the targeted group will be less than the
average elasticity of all customers, but greater than the elasticity of the truly
vulnerable customers. But as long as the average elasticity of the imperfectly
targeted group is less than that of the average elasticity of all customers, it will be
raise price to that group by an amount corresponding to the average elasticity
reflecting the presence of incorrectly targeted price-sensitive customers.
xiii.
The table thus extends and clarifies a similar table presented by Hausman
31