Undertaking capital projects: linking risk and return
Whether they relate to the energy transition, the renewal of transport infrastructure, or reversing damage to the environment, our society will increasingly need to undertake large capital projects. It will be important to identify the projects’ risks and determine who is responsible for managing these and reducing their likelihood. Read More
Interminable: who can read T&Cs?
Many products form a contract between a firm and a customer, the details of which are specified in the terms and conditions (T&Cs). But do customers always understand what they are agreeing to? With the help of a mathematical formula, we find that the reading age and time requirement of… Read More
To tax or not to tax: will an online sales tax rebalance the retail sector?
The growth of online sales has prompted debate around whether an online sales tax (OST) should be introduced to ‘rebalance’ the taxation of the retail sector. Indeed, the evolution of retailing in the UK has implications for several key government policy areas. We revisit the topic, which we explored in a 2020 Agenda article, in light of the recent launch of an HM Treasury consultation on the introduction of an OST. Read More
Intel and the AEC test: ‘Do. Or do not. There is no try.’
After more than two decades, the Intel saga may have finally ended with the General Court’s judgment of 26 January 2022. The judgment—which had at its core the use of the ‘as-efficient competitor’ test in the context of loyalty rebates―confirms the critical role of robust economic analysis in abuse of dominance cases. We reflect on the implications going forward. Read More
Malbeconomics: taking stock of the 20th anniversary of the 9.99 price point
Developed economies are facing significant amounts of inflation for the first time in 25 years. Consumer prices, measured according to the Consumer Price Index (CPI), rose by 5.8% on average across OECD countries in the year to November 2021. Will Page, former Chief Economist at Spotify and author of Tarzan Economics, celebrates the 20th anniversary of the 9.99 price point and looks at the role that price points play in an inflationary environment. Read More
Conglomerate mergers: are theory and practice aligned?
Recent European Commission merger control practice suggests a renewed willingness to scrutinise conglomerate mergers. This is in stark contrast to the Commission’s past practice and to the US approach. In this article, we detail exactly how conglomerate mergers generate customer benefits, but also—under certain circumstances—how they may end up harming competition and consumers. We apply theory to practice by discussing the recent NVIDIA/Mellanox merger, and explore which novel theories the Commission may pursue in the future. Read More
Bits of advice: the true colours of dark patterns
Dark patterns are deceptive online interface designs that are used to trick people into making decisions that are in the interests of the online business, but at the expense of the user. In this second article of our ‘bits of advice’ series on digital regulation, we dive into the economics behind dark patterns: what are they; what can economics teach us about how they work; how is digitalisation changing their costs and benefits in the eyes of businesses; and how can competition and consumer protection authorities respond? Read More
Bits of advice: how to regulate data access
Recent policy reports point towards differential access to data as a source of market power and a barrier to competition, especially (but not exclusively) in markets for digital services. One controversial policy solution currently being debated is mandated data-sharing. If this is the way forward, how should the regulation be designed? In this first article of a new series, we explore the merits and pitfalls of two classic regulatory approaches—rules-based and goals-based regulation—and what the best of both worlds might look like in the case of digital markets. Read More
Non-fungible. Non-tangible. Still valuable?
Non-fungible tokens (NFTs) are blockchain-based ownership certificates of all kinds of digital collectables—ranging from pixelated cats to canonical YouTube videos and even recordings of unique moments in sport. The market for NFTs has skyrocketed. But what are they exactly? And what is driving their value? With the help of Oxer-cat, the first Oxera NFT, we aim to answer these questions, and provide an overview of possible challenges and future developments for NFTs. Read More
Theories of benefit: platform value creation and its relevance for the regulatory debate
With the regulatory debate around platforms and competition focusing on the theories of harm to business users and consumers, there is a risk that the theories of the benefits of platforms are crowded out. Understanding how platforms generate value is crucial to ascertain the potential consequences of regulatory measures. Value generation by platforms has been studied in the IT and management literatures. Here we present findings from the literature, illuminating the debate around platform regulation. Read More