MSc in Business Economics/ International Business EconomicsBuses in Coketown

Hypothetical Case study: predatory/anticompetitive behaviour

Disclaimer: The following is entirely fictional. No reference is intended to any specific town or bus operator. The cost and revenue figures were totally made up. This case was written some time ago so the dates are a bit old by now!

Buses in Coketown

Complaint

The Comfy bus company of Coketown complained that the Bigboy bus company was engaging in predation, as it had entered the market on three of Comfy' s routes and on each occasion had reduced its fares to a point where neither Comfy nor Bigboy were making profits.

The only possible motive for doing this was to drive comfy out of the market so that Bigboy could enjoy a monopoly. It already had 20% of the UK bus passenger market more if you restricted the market to the busy urban routes which the company had targeted.

Nature of product - demand and supply

Background

Bus services were deregulated in October 1986 under the Transport Act 1985. Prior to this the bus industry had been exempt from the provisions of competition policy. Operators could now choose routes services frequency and fares without the prolonged submissions to the Traffic Commissioners which had previously been required.

Companies responded by increasing flexibility - in vehicle size, timetabling, and driver hours and remuneration systems. New companies were set up and profitable routes saw an increase in competition. The number of bus miles increased considerably passenger miles by a little.

Demand

Coketown is a medium-sized conurbation (population 500,000) in the "lungs of England". It has a railway line running East-West with a 20 minute service during peak hours, 30 minutes most of the day and hourly on weekends. Stops are roughly two miles apart.

The bus routes in question run from the North to the Centre, the South East to the Centre, and the West to the Centre along the main arterial roads, with minor detours for local shopping centres.

Demand has been steady over the last few years. Although car ownership has been increasing, tighter restrictions on parking in the Town Centre (including £1 minimum parking charge) means that "having a Comfy ride" is a common way of going into town for people on the bus routes. (See Table 1 below).

Table I: Modal split: January- February 1998

Percentages

How did you make your journey Into town today?

Home Sector / Bus / Car / Train / Other / Total
North / 48 / 40 / 2 / 10 / 100
East / 43 / 35 / 14 / 8 / 100
South / 49 / 38 / 1 / 12 / 100
West / 41 / 33 / 19 / 7 / 100

The same survey asked about responses to a possible price increase. The results are shown. in Table 2.

Table 2: Question on price sensitivity

To bus passengers: “If bus fares were 10% higher, how would you respond?”

No difference to behaviour84%

Fewer journeys to town5%

Switch to trains, cars, walking etc. 6%

Don't know5%

Finally, respondents who had a choice were asked about how they chose which company to ride with. Table 3 shows the responses.

Table 3: Choice of bus company

To bus passengers on competitive routes:

“How do you rate the following in your choice of bus company?”

V important Important Neutral Irrelevant

Frequency 20%55% 10% 15%

Whichever comes first 56% 35% 7% 2%

Fares 40% 41% 18% 1%

Season ticket holder 4% 4% 2% 90%

A minority of respondents said they preferred the Comfy buses because their familiar blue buses had been in town. a long time.

The market - prices

The entry of Bigboy was followed by clear evidence of price reductions. The price of every journey where Bigboy brought in competition fell in stages. Table 4 shows the history of the prices.

Table 4: Price of a 1-mile bus ride to town centre - competitive routes

Comfy Bigboy

Jan-98 75p n.a.

Feb-98 75p 70p

Mar-98 70p 65p

Apr-98 60p 60p

May-98 60p 55p

Jun-98 55p 50p

Jul-98 50p 50p

Aug-98 50p 50p

Sep-98 50p 50p

Oct-98 50p 50p

Nov-98 50p 50p

Dec-98 50p 50p

Jan-98 50p 50p

The market - costs

Comfy provided evidence on their cost structure, and this is summarised in Table 5. They reckoned that each bus required revenues of £20 per hour in order to cover its costs.

Table 5: Monthly running cost for a bus

Typical values

Days on road25

hours per day 10

Wages, etc. £1,950

Fuel £750

Maintenance £300

Overheads £500

Depreciation £1,500

______

Total £5,000

Revenues and profits

Although the new competition had increased total passenger journeys by around 10% this did not compensate for the increase in the number of buses. Load factors had declined, leading to a loss in revenue for the established firm

Table 6: Impact of competition on Comfy Bus Co

Revenues

Peak Old faresNew fares

50 hours@ £55 /hour £25 /hour

sub-total £2,750 £1,250

Off-peak

200 hours@£15 /hour£8 /hour

sub-total £3,000 £1,600

______

Total £5,750 /month £2,850 /month

Views of the parties

Comfy

Comfy claimed that Bigboy's actions were clearly predatory. Price was below the cost of production for an efficient operator. Bigboy had engaged m similar activity m other cities, which had the effect of driving out the existing operator, and this was the reason for Bigboy' s growth.

Predation was also shown in Bigboy' s tendency to raise fares once again after competition had been eliminated. The resulting profits gave Bigboy a "deep pocket" from which to cross-subsidise with predatory intent.

Even the payment system for drivers was predatory. Bigboy drivers were given a bonus related to their total takings and this made them aggressive m getting to busy bus stops first.

Finally, Bigboy were cream-sk1mmers. They employed part-time drivers for the peak period, when load factors were higher. As a result, the off-peak service was primarily provided by Comfy, which was now losing £12 per hour per bus.

Bigboy

Bigboy explained that Comfy did not understand the nature of competition, which meant "survival of the :fittest". Bigboy' s philosophy was to keep fares down, by greater efficiency, including more flexible employee contracts and higher loading factors. This was the cause of their success m other cities. On average, fares in real terms were now 5% less than previously where Bigboy had won the competition.

Customers were rightly sensitive to fare levels. Comfy had the advantage of an established reputation, so Bigboy needed to keep fares competitive in order to break into the market. They regretted as much as Comfy that fares had dropped so low, but an agreement on fares would bring them m to conflict with competition law, and Comfy had been instrumental in trying to prevent entry by undercutting Bigboy in April.

Bigboy estimated their losses at £15,000 per month over its Coketown operations, but saw this as necessary to '"breaking Comfy' s monopoly" (although the competition from other transport modes meant that buses would always be a competitive industry.) Bigboy's research indicated that Comfy were still carrying 55% of the passengers, despite the growing acceptance of Bigboy by Coketowners.

Although both companies were making losses, price was above the avoidable cost of production. Bigboy estimated that each additional passenger-mile increases costs (cleaning, wear-and tear, fuel for stopping and starting) by no more than 2.5p. Only when buses were full was it relevant to consider the costs of running an extra bus. Bigboy reckoned their monthly costs per bus were between 5 and 10% lower than Comfy's, as a result of their greater flexibility and experience in other cities. (For example, some drivers doubled as cleaners in the off-peak period.)

Views of other parties

The consumer transport group said they were alarmed at Bigboy's activities as it posed the threat of monopoly in bus services “which are essential for people on lower incomes". The reduction fares was welcome but though that bringing prices closer to marginal cost would improve the environment by reducing the number of cars on the road. Usage would improve and companies would find it more profitable than the current policy of high fares and low load factors.

Questions for consideration

1. What further information would you seek? (up to three items, in order of priority).

2. What is the relevant market or markets?

3. Is there dominance in this/these market(s)?

4. What evidence supports the charge of predation or other form of anti-competitive behaviour?

5. Is a remedy called for? If so, suggest some alternatives. Which do you prefer?

Presenters may wish to adopt the role of Comfy, Bigboy, the consumer group or the competition body.

John Cubbin © 1997,2001,2005

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