Antitrust & Competition Policy Blog

Editor: D. Daniel Sokol
University of Florida
Levin College of Law

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Monday, November 7, 2011

Anti-Competitive Exclusion and Market Division Through Loyalty Discounts

Posted by D. Daniel Sokol

Einer R. Elhauge, Harvard Law School and Abraham L. Wickelgren, University of Texas at Austin - School of Law discuss Anti-Competitive Exclusion and Market Division Through Loyalty Discounts.

ABSTRACT: We show that loyalty discounts create an externality among buyers even without economies of scale or downstream competition, and whether or not buyers make any commitment. Each buyer who signs a loyalty discount contract softens competition and raises prices for all buyers. We prove that, provided the entrant’s cost advantage is not too large, with enough buyers, this externality implies that in any equilibrium some buyers sign loyalty discount contracts, reducing total welfare. Moreover, if loyalty discounts require buyers to commit to buy only from the incumbent, there exists an equilibrium in which all buyers sign, foreclosing the rival entirely. As a result, the incumbent can use loyalty discounts to increase its profit and decrease both buyer and total welfare.

http://lawprofessors.typepad.com/antitrustprof_blog/2011/11/anti-competitive-exclusion-and-market-division-through-loyalty-discounts.html

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