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August 2023 - Capital Returns by Edward Chancellor

We dive into an investing book that covers the capital cycle. In summary, the best time to invest in a sector is actually when capital is leaving or has left.

Tech Themes

  1. Amazon. Marathon understands that the world moves in cycles. During the internet bubble of the late 1990s the company refused to invest in a lot of speculative internet companies. “At the time, we were unable to justify the valuations of any of these companies, nor identify any which could safely say would still be going strong in years to come.” In August of 2007, however, several years after the internet bubble burst, they noticed Amazon again. Amazon’s stock had rebounded well from the lows of 2001 and was roughly flat from its May 1999 valuation. Sales had grown 10x since 1999 and while they recognized it had a tarnished reputation from the internet bubble, it was actually a very good business with a negative working capital cycle. On top of this, the reason the stock hadn’t performed well in the past few years was because they were investing in two new long-term growth levers, Amazon Web Services and Fulfillment by Amazon. I’m sure Marathon underestimated the potential for these businesses but we can look back now and know how exceptional and genius these margin lowering investments were at the time.

  2. Semis. Nothing paints a more clear picture of cyclicality than semiconductors. Now we can debate whether AI and Nvidia have moved us permanently out of a cycle but up until 2023, Semiconductors was considered cyclical. As Marathon notes: “Driven by Moore’s law, the semiconductor sector has achieved sustained and dramatic performance increases over the last 30years, greatly benefiting productivity and the overall economy. Unfortunately, investors have not done so well. Since inception in 1994, the Philadelphia Semiconductor Index has underperformed the Nasdaq by around 200 percentage point, and exhibited greater volatility…In good times, prices pick up, companies increase capacity, and new entrants appear, generally from different parts of Asia (Japan in the 1970s, Korea in 1980s, Taiwan in the mid1990s, and China more recently). Excess capital entering at cyclical peaks has led to relatively poor aggregate industry returns.” As Fabricated Knowledge points out the 1980s had two brutal Semiconductor cycles. First, in 1981, the industry experienced severe overcapacity, leading to declining prices while inflation ravaged through many businesses. Then in 1985, the US semiconductor business declined significantly. “1985 was a traumatic moment for Intel and the semiconductor industry. Intel had one of the largest layoffs in its history. National Semi had a 17% decrease in revenue but moved from an operating profit of $59 million to an operating loss of -$117 million. Even Texas Instruments had a brutal period of layoffs, as revenue shrank 14% and profits went negative”. The culprit was Japanese imports. Low-end chips had declined significantly in price, as Japan flexed its labor cost advantage. All of the domestic US chip manufacturers complained (National Semiconductor, Texas Instruments, Micron, and Intel), leading to the 1986 US-Japan Semiconductor Agreement, effectively capping Japanese market share at 20%. Now, this was a time when semiconductor manufacturing wasn’t easy, but easier than today, because it focused mainly on more commoditized memories. 1985 is an interesting example of the capital cycle compounding when geographic expansion overlaps with product overcapacity (as we had in the US). Marathon actually preferred Analog Devices, when it published its thesis in February 2013, highlighting the complex production process of analog chips (physical) vs. digital, the complex engineering required to build analog chips, and the low-cost nature of the product. “These factors - a differentiated product and company specific “sticky” intellectual capital - reduce market contestability….Pricing power is further aided by the fact that an analog semiconductor chip typically plays a very important role in a product for example, the air-bag crash sensor) but represents a very small proportion of the cost of materials. The average selling price for Linear Technology’s products is under $2.” Analog Devices would acquire Linear in 2017 for $14.8B, a nice coda to Marathon’s Analog/Linear dual pitch.

  3. Why do we have cycles? If everyone is playing the same business game and aware that markets come and go, why do we have cycles at all. Wouldn’t efficient markets pull us away from getting too hyped when the market is up and too sour when the market is down? Wrong. Chancellor gives a number of reasons why we have a capital cycle: Overconfidence, Competition Neglect, Inside View, Extrapolation, Skewed Incentives, Prisoner’s Dilemma, and Limits to Arbitrage. Overconfidence is somewhat straightforward - managers and investors look at companies and believe they are infallible. When times are booming, managers will want to participate in the boom, increasing investment to match “demand.” In these decisions, they often don’t consider what their competitors are doing, but rather focus on themselves. Competition neglect takes hold as managers enjoy watching their stock tick up and their face be splattered across “Best CEO in America” lists. Inside View is a bit more nuanced, but Michael Mauboussin and Daniel Kahneman have written extensively on it. As Kahneman laid out in Thinking, Fast & Slow: “A remarkable aspect of your mental life is that you are rarely stumped … The normal state of your mind is that you have intuitive feelings and opinions about almost everything that comes your way. You like or dislike people long before you know much about them; you trust or distrust strangers without knowing why; you feel that an enterprise is bound to succeed without analyzing it.” When you take the inside view, you rely exclusively on your own experience, rather than other similar situations. Instead, you should take the outside view and assume your problem/opportunity/case is not unique. Extrapolation is an extremely common driver of cycles, and can be seen all across the investing world after the recent COVID peak. Peloton, for example, massively over-ordered inventory extrapolating out pandemic related demand trends. Skewed incentives can include near-term EPS targets (encourages buybacks, M&A), market share preservation (encourages overinvestment), low cost of capital (buy something with cheap debt), analyst expectations, and champion bias (you’ve decided to do something and its no longer attractive, but you do it anyway because you got people excited about it). The Prisoner’s Dilemma is also a form of market share preservation/expansion, when your competitor may be acting much more aggressively and you have to decide whether its worth the fight. Limits to Arbitrage is almost an extension of career risk, in that, when everyone owns an overvalued market, you may actually hurt your firm by actively withholding even if it makes investment sense. That’s why many firms need to maintain a low tracking error against indexes, which can naturally result in concentrations in the same stocks.

Business Themes

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  1. Capital Cycle. The capital cycle has four stages: 1. New entrants attracted by prospect of high returns: investor optimistic 2. Rising competition causes returns to fall below cost of capital: share price underperforms 3. Business investment declines, industry consolidation, firms exit: investors pessimistic 4. Improving supply side causes returns to rise above the cost of capital: share price outperforms. The capital cycle reveals how competitive forces and investment behavior create predictable patterns in industries over time. Picture it as a self-reinforcing loop where success breeds excess, and pain eventually leads to gain. Stage 1: The Siren Song - High returns in an industry attract capital like moths to a flame. Investors, seeing strong profits and growth, eagerly fund expansions and new entrants. Optimism reigns and valuations soar as everyone wants a piece of the apparent opportunity. Stage 2: Reality Bites - As new capacity comes online, competition intensifies. Prices fall as supply outpaces demand. Returns dip below the cost of capital, but capacity keeps coming – many projects started in good times are hard to stop. Share prices begin to reflect the deteriorating reality. Stage 3: The Great Cleansing - Pain finally drives action. Capital expenditure is slashed. Weaker players exit or get acquired. The industry consolidates as survivors battle for market share. Investors, now scarred, want nothing to do with the sector. Capacity starts to rationalize. Stage 4: Phoenix Rising - The supply-side healing during the downturn slowly improves industry economics. With fewer competitors and more disciplined capacity, returns rise above the cost of capital. Share prices recover as improved profitability becomes evident. But this very success plants the seeds for the next cycle. The genius of understanding this pattern is that it's perpetual - human nature and institutional incentives ensure it repeats. The key is recognizing which stage an industry is in, and having the courage to be contrarian when others are either too optimistic or too pessimistic.

  2. 7 signs of a bubble. Nothing gets people going more than Swedish Banking in the 2008-09 financial crisis. Marathon called out its Seven Deadly Sins of banking in November 2009, utilizing Handelsbanken as a positive reference, highlighting how they avoided the many pitfalls that laid waste to their peers. 1. Imprudent Asset-Liability mismatches on the balance sheet. If this sounds familiar, its because its the exact sin that took down Silicon Valley Bank earlier this year. As Greg Brown lays out here: “Like many banks, SVB’s liabilities were largely in the form of demand deposits; as such, these liabilities tend to be short term and far less sensitive to interest rate movement. By contrast, SVB’s assets took the form of more long-term bonds, such as U.S. Treasury securities and mortgage-backed securities. These assets tend to have a much longer maturity – the majority of SVB’s assets matured in 10 years or more – and as a result their prices are much more sensitive to interest rate changes. The mismatch, then, should be obvious: SVB was taking in cash via short-term demand deposits and investing these funds in longer-term financial instruments.” 2. Supporting asset-liability mismatches by clients. Here, Chancellor calls out foreign currency lending, whereby certain European banks would offer mortgages to Hungarians in swiss francs, to buy houses in Hungary. Not only were these banks taking on currency risk, they were exposing their customers to it and many didn’t hedge the risk out appropriately. 3. Lending to “Can’t Pay, Won’t Pay” types. The financial crisis was filled with banks lending to subprime borrowers. 4. Reaching for growth in unfamiliar areas. As Marathon calls out, “A number of European banks have lost billions investing in US subprime CDOs, having foolishly relied on “experts” who told them these were riskless AAA rated credits.” 5. Engaging in off-balance sheet lending. Many European banks maintained "Structured Investment Vehicles” that were off-balance sheet funds holding CDOs and MBSs. At one point, it got so bad that Citigroup tried the friendship approach: “The news comes as a group of banks in the U.S. led by Citigroup Inc. are working to set up a $100 billion fund aimed at preventing SIVs from dumping assets in a fire sale that could trigger a wider fallout.” These SIVs held substantial risk but were relatively unknown to many investors. 6. Getting sucked into virtuous/vicious cycle dynamics. As many European banks looked for expansion, they turned to lending into the Baltic states. As more lenders got comfortable lending, GDP began to grow meaningfully, which attracted more aggressive lending. More banks got suckered into lending in the area to not miss out on the growth, not realizing that the growth was almost entirely debt fueled. 7. Relying on the rearview mirror. Marathon points out how risk models tend to fail when the recent past has been glamorous. “In its 2007 annual report, Merrill Lunch reported a total risk exposure - based on ‘a 95 percent confidence interval and a one day holding period’ - of $157m. A year later, the Thundering Herd stumbled into a $30B loss!”

  3. Investing Countercyclically. Björn Wahlroos exemplified exceptional capital allocation skills as CEO of Sampo, a Finnish financial services group. His most notable moves included perfectly timing the sale of Nokia shares before their collapse, transforming Sampo's property & casualty insurance business into the highly profitable "If" venture, selling the company's Finnish retail banking business to Danske Bank at peak valuations just before the 2008 financial crisis, and then using that capital to build a significant stake in Nordea at deeply discounted prices. He also showed remarkable foresight by reducing equity exposure before the 2008 crisis and deploying capital into distressed commercial credit, generating €1.5 billion in gains. Several other CEOs have demonstrated similar capital allocation prowess. Henry Singleton at Teledyne was legendary for his counter-cyclical approach to capital allocation. He issued shares when valuations were high in the 1960s to fund acquisitions, then spent the 1970s and early 1980s buying back over 90% of Teledyne's shares at much lower prices, generating exceptional returns for shareholders. As we saw in Cable Cowboy, John Malone at TCI (later Liberty Media) was masterful at using financial engineering and tax-efficient structures to build value. He pioneered the use of spin-offs, tracking stocks, and complex deal structures to maximize shareholder returns while minimizing tax impacts. Tom Murphy at Capital Cities demonstrated exceptional discipline in acquiring media assets only when prices were attractive. His most famous move was purchasing ABC in 1985, then selling the combined company to Disney a decade later for a massive profit. Warren Buffett at Berkshire Hathaway has shown remarkable skill in capital allocation across multiple decades, particularly in knowing when to hold cash and when to deploy it aggressively during times of market stress, such as during the 2008 financial crisis when he made highly profitable investments in companies like Goldman Sachs and Bank of America. Jamie Dimon at JPMorgan Chase has also proven to be an astute capital allocator, particularly during crises. He guided JPMorgan through the 2008 financial crisis while acquiring Bear Stearns and Washington Mutual at fire-sale prices, significantly strengthening the bank's competitive position. D. Scott Patterson has shown excellent capital allocation skills at FirstService. He began leading FirstService following the spin-off of Colliers in 2015, and has compounded EBITDA in the high teens via strategic property management acquistions coupled with large platforms like First OnSite and recently Roofing Corp of America. Another great capital allocator is Brad Jacobs. He has a storied career building rollups like United Waste Systems (acquired by Waste Services for $2.5B), United Rentals (now a $56B public company), XPO logistics which he separated into three public companies (XPO, GXO, RXO), and now QXO, his latest endeavor into the building products space. These leaders share common traits with Wahlroos: patience during bull markets, aggression during downturns, and the discipline to ignore market sentiment in favor of fundamental value. They demonstrate that superior capital allocation, while rare, can create enormous shareholder value over time.

    Dig Deeper

  • Handelsbanken: A Budgetless Banking Pioneer

  • ECB has created 'toxic environment' for banking, says Sampo & UPM chairman Bjorn Wahlroos

  • Edward Chancellor part 1: ‘intelligent contrarians’ should follow the capital cycle

  • Charlie Munger: Investing in Semiconductor Industry 2023

  • Amazon founder and CEO Jeff Bezos delivers graduation speech at Princeton University

tags: Amazon, Jeff Bezos, National Semiconductor, Intel, Moore's Law, Texas Instruments, Micron, Analog Devices, Michael Mauboussin, Daniel Kahneman, Peloton, Handelsbanken, Bjorn Wahlroos, Sampo, Henry Singleton, Teledyne, John Malone, D. Scott Patterson, Jamie Dimon, Tom Murphy, Warren Buffett, Brad Jacobs
categories: Non-Fiction
 

July 2023 - The Myth of Capitalism by Jonathan Tepper with Denise Hearn

We learn about the fun history of many monopolies and anti-trust! While I can’t recommend this book because its long and poorly written, it does reasonably critique aspects of antitrust and monopoly formation. Its repetitive and so aggressively one-sided that it loses credibility. The fact that the author used to advise and now runs a hedge fund that owns monopoly businesses tells you all you need to know.

Tech Themes

  1. Consumer Welfare. Tepper’s fundamental argument is that since the 1980s, driven by Regan’s deregulation push, the government has allowed corporate mergers and abuses of market power, leading to more market concentration, higher prices, greater inequality, worse worker conditions, and stymied innovation. Influenced by the Chicago School’s free market ideas and Robert Bork’s popular 1978 book Antitrust Paradox, the standard for antitrust enforcement morphed from breaking up market-abusing companies to “consumer welfare.” With this shift, antitrust enforcement became: “Does this harm the consumer?” A lot of things do not harm consumers. Broadcast Music, Inc. v. CBS, Inc. (1979) is widely regarded as one of the first antitrust cases that shifted the Rule of reason towards consumer welfare. CBS had sued Broadcast Music, alleging that blanket licenses constituted price fixing. Broadcast Music represented copyright holders and would grant licenses to media companies to use artist’s music on air. These deals were negotiated on behalf of many artists, and did not allow CBS to negotiate for selected works. The court sided with BMI because the blanket license process was simpler, lowered transaction costs by reducing the number of negotiations, and allowed broadcasters greater access to works. They even admitted that the blanket license may be a form of price setting, but concluded that it didn’t necessarily harm consumers and was more efficient, so they allowed it. The consumer welfare ideology has recently come under fire around the big tech companies - Apple, Microsoft, Google, Meta, and Amazon. Lina Khan, Commissioner of the Federal Trade Commission (FTC) wrote a powerful and aptly titled article, Amazon’s Antitrust Paradox, highlighting why in her view consumer welfare was not a strong enough stance on antitrust. “This Note argues that the current framework in antitrust—specifically its pegging competition to “consumer welfare,” defined as short-term price effects—is unequipped to capture the architecture of market power in the modern economy.” The note argues that Amazon’s willingness to offer unsustainably low prices and their role as a marketplace platform and a seller on that marketplace allow it crush competition. Google is currently being sued by the Department of Justice over illegal monopolization of adtech and its dominance in the search engine market. The government is attempting to shift antitrust back to a more aggressive approach regarding monopolistic behavior. From a consumer welfare perspective, there is no doubt that all of these companies have created situations that benefit consumers (“free” services, low prices) and hurt competition. The question is: “Is it illegal?”

  2. The ACTs - Sherman and Clayton. The Sherman Antitrust Act, passed in 1890, was the first major federal law aimed at curbing monopolies and promoting competition. The late 19th century, often referred to as the Gilded Age, saw the rise of powerful industrialists like J.P. Morgan, John D. Rockefeller, and Cornelius Vanderbilt, whose massive corporations threatened to dominate key sectors of the economy. Public outcry over the potential for these monopolies to stifle competition and exploit consumers led to the passage of the Sherman Act. Senator John Sherman, intended the law to protect the public from the negative consequences of concentrated economic power. The Sherman Act broadly prohibited anticompetitive agreements and monopolization, empowering the government to break up monopolies and prevent practices that restrained trade. However, the Sherman Act's broad language left it open to interpretation, and its early enforcement was inconsistent. President Theodore Roosevelt, a proponent of trust-busting, used the Sherman Act to challenge powerful monopolies, such as the Northern Securities Company, a railroad conglomerate controlled by J.P. Morgan. The Supreme Court's decision in the Standard Oil case in 1911 further shaped the interpretation of the Sherman Act, establishing the "rule of reason" as the standard for evaluating antitrust violations. This meant that not all restraints of trade were illegal, only those that were deemed "unreasonable" in their impact on competition. The Clayton Antitrust Act, passed in 1914, was designed to strengthen and clarify the Sherman Act. It specifically targeted practices not explicitly covered by the Sherman Act, such as mergers and acquisitions that could lessen competition, price discrimination, and interlocking directorates. The Clayton Act also sought to protect labor unions, which had been subject to antitrust prosecution under the Sherman Act. The passage of these acts led to a wave of significant antitrust cases. Prominent examples include: United States v. American Tobacco Co. (1911): This case resulted in the breakup of the American Tobacco Company, a dominant force in the tobacco industry, demonstrating the government's commitment to using antitrust laws to dismantle powerful monopolies. United States v. Paramount Pictures, Inc. (1948): This case challenged the vertical integration of the film industry, where major studios controlled production, distribution, and exhibition. The court's decision led to significant changes in the industry's structure. United States v. AT&T Co. (1982): This landmark case resulted in the breakup of AT&T, a telecommunications giant, into smaller, regional companies. This case marked a major victory for antitrust enforcement and had a lasting impact on the telecommunications industry.

  3. Microsoft. The Microsoft antitrust case, initiated in October 1998, saw the U.S. government accusing Microsoft of abusing its monopoly power in the personal computer operating systems market. The government, represented by David Boies (yes, Theranos David Boies), argued that Microsoft, led by Bill Gates, had engaged in anti-competitive practices to stifle competition, particularly in the web browser market. Gates was famously deposed and shockingly (not really) came away from the deposition looking like an asshole. The government alleged that Microsoft violated the Sherman Act by: Bundling its Internet Explorer (IE) web browser with its Windows operating system, thereby hindering competing browsers like Netscape Navigator, manipulating application programming interfaces to favor IE, and enforcing restrictive licensing agreements with original equipment manufacturers, compelling them to include IE with Windows. Judge Thomas Jackson presided over the case at the United States District Court for the District of Columbia. In 1999, he ruled in favor of the government, finding that Microsoft held a monopoly and had acted to maintain it. He ordered Microsoft to be split into two units, one for operating systems and the other for software components. Microsoft appealed the decision. The Appeals Court overturned the breakup order, partly due to Judge Jackson's inappropriate discussions with the media. While upholding the finding of Microsoft's monopolistic practices, the court deemed traditional antitrust analysis unsuitable for software issues. The case was remanded to Judge Colleen Kollar-Kotelly, and ultimately, a settlement was reached in 2001. The settlement mandated Microsoft to share its application programming interfaces with third-party companies and grant a panel access to its systems for compliance monitoring. However, it did not require Microsoft to change its code or bar future software bundling with Windows. This led to criticism that the settlement was inadequate in curbing Microsoft's anti-competitive behavior. History doesn’t repeat itself, but it does rhyme and Microsoft is doing the exact same bundling strategy again with its Teams app.

Business Themes

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  1. Monopoly Markets. Tepper lays out all of the markets that he believes are monopoly, duopoly, or oligopoly markets. Cable/high speed internet (Comcast, Verizon, AT&T, Charter (Spectrum)) - pretty much the same, Computer Operating Systems (Microsoft) - pretty much the same but iOS and Linux are probably bigger, Social Networks (Facebook with 75% share). Since then Tiktok, Twitter, Pinterest, and Snap have all put a small dent in Facebook’s share. Search (Google), Milk (Dean Foods), Railroads (BNSF, NSC, CSX, Union Pacific, Kansas City Southern), Seeds (Bayer/Monsanto, Syngenta/ChemChina, Dow/DuPont), Microprocessors (Intel 80%, AMD 20%), Funeral Homes (Service Corporation International) all join the monopoly club. The duopoly club consists of Payment Systems (Visa, Mastercard), Beer (AB Inbev, Heineken), Phone Operating Systems (iOS, Android), Online Advertising (Google, Facebook), Kidney Dialysis (DaVita), and Glasses (Luxottica). The oligopoly club is Credit Reporting Bureaus (Transunion, Experian, FICO), Tax Preparation (H&R Block, Intuit), Airlines (American, Delta, United, Southwest, Alaska), Phone Companies (Verizon, Sprint, T-Mobile, AT&T), Banks (JP Morgan Chase, Bank of America, Citigroup, Wells Fargo), Health Insurance (UnitedHealthcare, Centene, Humana, Aetna), Medical Care (HCA, Encompass, Ascension, Universal Health), Group Purchasing Organizations (Vizient, Premier, HealthTrust, Intaler), Pharmacy Benefit Managers (Express Scripts, CVS Caremark, Optum/UnitedHealthcare), Drug Wholesalers (Cencora, McKesson, Cardinal Health), Agriculture (ADM, Bunge, Cargill, Louis Dreyfus), Media (Walt Disney, Time Warner, CBS, Viacom, NBC Universal, News Corp), Title Insurance (Fidelity National, First American, Stewart, and Old Republic). Since the book was published in 2018, there has been even more consolidation - Canadian Pacific bought Kansas City Southern for $31B, Essilor merged with Luxottica in 2018 in a $49B deal, Sprint merged with T-Mobile in a $26B deal, and CBS and Viacom merged in a $30B deal. Tepper’s anger towards lackadaisical enforcement of antitrust is palpable. He encourages greater antitrust speed and transparency, the unwinding of now clear market consolidating mergers, and the breakup of local monopolies.

  2. Conglomeration and De-Conglomeration. Market Concentration. The conglomerate boom, primarily occurring in the 1960s, saw a surge in the formation of large corporations encompassing diverse, often unrelated businesses. This era was fueled by low interest rates and a fluctuating stock market, creating favorable conditions for leveraged buyouts. A key driver of this trend was the Celler-Kefauver Act of 1950, which, by prohibiting companies from acquiring their competitors or suppliers, pushed them towards diversification through acquiring businesses in unrelated fields. The prevailing motive was to achieve rapid growth, even if it meant prioritizing revenue growth over profit growth. Conglomerates were seen as a means to mitigate risk through diversification and achieve operational economies of scale. Many conglomerates formed that operated across completely different industries: Gulf and Western (Paramount Pictures, Simon & Schuster, Sega, Madison Square Garden), ITT (Telephone companies, Avis, Wonder Bread, Hartford Insurance, and Sheraton), and Henry Singleton’s Teledyne. However, the conglomerate era ultimately waned. The government took a more proactive approach to acquisitions in the late 1960s, curbing the aggressive approaches. The FTC sued Proctor & Gamble over its potential acquisition of Clorox and merger guidelines were revised in 1968, setting out more rules against market share and concentration. Rising interest rates in the 1970s strained these sprawling enterprises, forcing them to divest many of their acquisitions. The belief in the inherent efficiency of conglomerates was challenged as businesses increasingly favored specialization over sprawling, unwieldy structures. The concept of synergy, once touted as a key advantage of conglomerates, came under scrutiny. Ultimately, the conglomerate era was marked by performance dilution, value erosion, and the realization that strong performance in one business did not guarantee success in unrelated sectors.

  3. Industry Concentration. A central pillar to Tepper’s argument that the capitalism game isn’t being played fairly or appropriately, is that rising industry concentration is worrisome and indicative of a broken market system. He uses the Herfindahl-Hirschman Index (HHI) to discuss levels of industry concentration. According to the Antitrust Division at the DOJ: “The HHI is calculated by squaring the market share of each firm competing in the market and then summing the resulting numbers. For example, for a market consisting of four firms with shares of 30, 30, 20, and 20 percent, the HHI is 2,600 (302 + 302 + 202 + 202 = 2,600). The agencies generally consider markets in which the HHI is between 1,000 and 1,800 points to be moderately concentrated, and consider markets in which the HHI is in excess of 1,800 points to be highly concentrated.” The HHI index is relatively straightforward to calculate. It can be a quick test to see if a potential merger creates a more significantly concentrated market. However, it still falls prey to some issues. For example, market definitions are extremely important in antitrust cases and a poorly or narrowly defined market can cause the HHI to look overly concentrated. In the ongoing Kroger-Albertson’s Merger case, the FTC is proposing a somewhat narrow definition of supermarkets, which excludes large supermarket players like Walmart, Costco, Aldi, and Whole Foods. If Whole Foods isn’t a super market, I’m not sure what is. And sure, maybe they narrowly define the market because Kroger and Albertsons serve a particular niche where substitutes are not easily available. Whole Foods may be more expensive, Aldi may have limited assortment, and Costco portion sizes may be too big. However, if you have a market that has Kroger, Walmart, Costco, Aldi, and Whole Foods serving a reasonable size population, I can almost guarantee the prices are likely to remain competitive. In some cases, high industry concentration does not mean monopolistic behavior. However, it can lead to monopolistic or monopsonistic behavior including: higher prices, lower worker’s wages, lower growth, and greater inequality.

    Dig Deeper

  • Microsoft Volume II: The Complete History and Strategy of the Ballmer Years

  • Lecture Antitrust 1 Rise of Standard Oil | Walter Isaacson

  • Anti-Monopoly Timeline

  • How Xerox Lost Half its Market Share

  • (Anti)Trust Issues: Harvard Law Bulletin

tags: Ronald Regan, Robert Bork, Broadcast Music, CBS, Apple, Microsoft, Google, Meta, Amazon, Lina Khan, Sherman Act, Clayton Act, JP Morgan Chase, John D. Rockefeller, Vanderbilt, Theodore Roosevelt, Standard Oil, American Tobacco, Paramount, AT&T, Bill Gates, David Boies, Netscape, Gulf & Western, ITT, Henry Singleton, Teledyne, Proctor & Gamble, Clorox, Herfindahl-Hirschman Index, Kroger, Albertsons, Costco, Whole Foods, Aldi
categories: Non-Fiction
 

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