Competition, Legislation and Regulation

Market Structure The degree of competition in an industry: Concentration Ratio (CR) – The proportion of market share accounted for by a number of firms in the industry A five firm CR of 60% means the top five firms in the industry account for 60% of total sales

Market Structure Perfect Competition Monopolistic or Imperfect Competition Oligopoly Duopoly Monopoly

Market Structure Perfect Competition: Large number of buyers and sellers Homogenous (identical) products Firms are price takers Perfect knowledge No barriers to entry and exit

Market Structure Monopolistic or Imperfect Competition Many buyers and sellers Some degree of control over market Differentiated products Relatively few barriers to entry N.B. Do not confuse ‘monopolistic’ with ‘monopoly’

Market Structure Oligopoly – Competition between the few – industry dominated by relatively small number of large firms Barriers to entry Non-price competition Price stability? Homogenous or highly differentiated/branded Potential for collusion Potential for high profits

Market Structure Duopoly – Industry dominated by two large firms Market leader Price leader Barriers to entry Non-price competition Potential for abnormal profit

Market Structure Monopoly – where one firm is the industry or where one firm dominates the market Monopoly power is said to exist if market share > 25% Natural monopolies – water, gas, electricity High barriers to entry Abnormal profits Can exercise control over price OR output Monopoly power may be necessary for development of some products

Market Structure Highly Competitive High Degree of Market Power Perfect Competition Farming Stocks Currencies Monopolistic Competition Restaurants Small Builders Solicitors Oligopoly Supermarkets Banks Electrical Goods Monopoly Gas Water Electricity Tele- communications

Legal Framework for Business Legislation - Laws made to protect consumers, workers, shareholders, environment from business activity –necessity of observing the law for business – adds to cost, red tape bureaucracy, etc. Covers almost every aspect of a business’s activities

Legal Framework Consumer legislation: Sale of Goods Trade Descriptions Consumer Protection Food Safety Supply of Goods and Services Weights and Measures

Legal Framework Employee Protection: Health and Safety at work Minimum Wage Discrimination Unfair Dismissal Recruitment Redundancy Trade Union Legislation Contracts and terms of work Working Time Directive Disabled Persons

Legal Framework Other aspects affecting business: Employers liability insurance Display screens (VDUs) Fire precautions Data Protection Accessibility legislation Hazards and risks Working environments – heating, lighting, ventilation, etc. Patents Licences Planning Laws

Issues: The extent of the regulation and the legal framework within which businesses operate all increases costs both direct and indirect (administration, monitoring, etc.) Balance between protection and suffocating enterprise / initiative

Regulation Monitoring business activity to act in the consumer’s interest: Competition Commission – investigates mergers, takeovers, anti-competitive behaviour Office of Fair Trading (OFT) – ensuring efficient operation of markets within the law Regulation of former nationalised industries – OFTEL, OFWAT, OFRR, OFGEM, etc. Advertising Standards Authority (ASA) – legal, decent, honest

Regulation Forms of anti-competitive behaviour Price fixing Cartels Collusion Predatory or destroyer pricing Distribution agreements Insider dealing/trading

Self Regulation Where business/industry monitors its own behaviour – often through an agreed code of practice. e.g. PCC – Press Complaints Commission Portman Group – alcoholic drinks industry FSA – Financial Services Authority NMA – National Medical Association