Showing 9 of 33 Publications

Maximum or Minimum? Strategic Patterns of the Lodging Industry

Scholarship Abstract Two-dimensional Hotelling models predict that firms choose to maximally differentiate on one dominant characteristic and minimally differentiate on the other dominated characteristic. When consumers . . .

Abstract

Two-dimensional Hotelling models predict that firms choose to maximally differentiate on one dominant characteristic and minimally differentiate on the other dominated characteristic. When consumers have more choices, firms tend to improve all dimensions. This study uses lodging tax data from the Texas Comptroller of Public Accounts to examine the joint choices of geographic location and product positioning (or brand) by multi-unit hotel operators at different market boundary levels. First, our findings suggest that greater distance between own hotels is associated with less product differentiation, which implies a max-min equilibrium. Second, considering the coexistence of horizontal and vertical differentiation, we obtain a higher likelihood a hotel will be of the same quality tier as its nearest neighbor the nearer the neighbor; while a farther distance to nearest neighbor increases the degree of quality differentiation in the scenario of vertical differentiation. This implies both min-max and max-max equilibria are obtained. Third, owners with properties at different levels of quality are more likely to add new properties that are higher quality, while more geographically differentiated portfolios add lower quality properties at the margin. We obtain a max-min equilibrium. Therefore, our findings provide insights into the strategic motivations of multi-unit owners and, within their decisions, the relevant dominance of place versus market position.

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Antitrust & Consumer Protection

Innovation trends in agriculture and their implications for M&A analysis

TOTM The US agriculture sector has been experiencing consolidation at all levels for decades, even as the global ag economy has been growing and becoming more . . .

The US agriculture sector has been experiencing consolidation at all levels for decades, even as the global ag economy has been growing and becoming more diverse. Much of this consolidation has been driven by technological changes that created economies of scale, both at the farm level and beyond.

Read the full piece here.

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Antitrust & Consumer Protection

Innovation trends in agriculture and their implications for M&A analysis

TOTM The US agriculture sector has been experiencing consolidation at all levels for decades, even as the global ag economy has been growing and becoming more . . .

The US agriculture sector has been experiencing consolidation at all levels for decades, even as the global ag economy has been growing and becoming more diverse. Much of this consolidation has been driven by technological changes that created economies of scale, both at the farm level and beyond.

Read the full piece here.

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Antitrust & Consumer Protection

Auto Dealers Dealing Tesla MO Roadblocks

Popular Media Our TOTM colleague Dan Crane has written a few posts here over the past year or so about attempts by the automobile dealers lobby (and . . .

Our TOTM colleague Dan Crane has written a few posts here over the past year or so about attempts by the automobile dealers lobby (and General Motors itself) to restrict the ability of Tesla Motors to sell its vehicles directly to consumers (see here, here and here). Following New Jersey’s adoption of an anti-Tesla direct distribution ban, more than 70 lawyers and economists–including yours truly and several here at TOTM–submitted an open letter to Gov. Chris Christie explaining why the ban is bad policy.

Now it seems my own state of Missouri is getting caught up in the auto dealers’ ploy to thwart pro-consumer innovation and competition. Legislation (HB1124) that was intended to simply update statutes governing the definition, licensing and use of off-road and utility vehicles got co-opted at the last minute in the state Senate. Language was inserted to redefine the term “franchisor” to include any automobile manufacturer, regardless whether they have any franchise agreements–in direct contradiction to the definition used throughout the rest of the surrounding statues. The bill defines a “franchisor” as:

“any manufacturer of new motor vehicles which establishes any business location or facility within the state of Missouri, when such facilities are used by the manufacturer to inform, entice, or otherwise market to potential customers, or where customer orders for the manufacturer’s new motor vehicles are placed, received, or processed, whether or not any sales of such vehicles are finally consummated, and whether or not any such vehicles are actually delivered to the retail customer, at such business location or facility.”

In other words, it defines a franchisor as a company that chooses to open it’s own facility and not franchise. The bill then goes on to define any facility or business location meeting the above criteria as a “new motor vehicle dealership,” even though no sales or even distribution may actually take place there. Since “franchisors” are already forbidden from owning a “new motor vehicle dealership” in Missouri (a dubious restriction in itself), these perverted definitions effectively ban a company like Tesla from selling directly to consumers.

The bill still needs to go back to the Missouri House of Representatives, where it started out as addressing “laws regarding ‘all-terrain vehicles,’ ‘recreational off-highway vehicles,’ and ‘utility vehicles’.”

This is classic rent-seeking regulation at its finest, using contrived and contorted legislation–not to mention last-minute, underhanded legislative tactics–to prevent competition and innovation that, as General Motors itself pointed out, is based on a more economically efficient model of distribution that benefits consumers. Hopefully the State House…or the Governor…won’t be asleep at the wheel as this legislation speeds through the final days of the session.

Filed under: barriers to entry, competition advocacy, politics, regulation, Sykuta Tagged: direct distribution ban, entry barriers, Missouri legislature, regulation, rent seeking, Tesla

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Innovation & the New Economy

Simplifying Small Firm Disclosure

Popular Media An occasional reader brought to our attention a bill that is fast making its way through the U.S. House Committee on Financial Services. The Small . . .

An occasional reader brought to our attention a bill that is fast making its way through the U.S. House Committee on Financial Services. The Small Company Disclosure Simplification Act (H.R. 4167) would exempt emerging growth companies and companies with annual gross revenue less than $250 million from using the eXtensible Business Reporting Language (XBRL) structure data format currently required for SEC filings. This would effect roughly 60% of publicly listed companies in the U.S.

XBRL makes it possible to easily extract financial data from electronic SEC filings using automated computer programs. Opponents of the bill (most of whom seem to make their living using XBRL to sell information to investors or assisting filing companies comply with the XBRL requirement) argue the bill will create a caste system of filers, harm the small companies the bill is intended to help, and harm investors (for example, see here and here). On pretty much every count, the critics are wrong. Here’s a point-by-point explanation of why:

1) Small firms will be hurt because they will have reduced access to capital markets because their data will be less accessible. — FALSE
The bill doesn’t prohibit small firms from using XBRL, it merely gives them the option to use it or not. If in fact small companies believe they are (or would be) disadvantaged in the market, they can continue filing just as they have been for at least the last two years. For critics to turn around and argue that small companies may choose to not use XBRL simply points out the fallacy of their claim that companies would be disadvantaged. The bill would basically give business owners and management the freedom to decide whether it is in fact in the company’s best interest to use the XBRL format. Therefore, there’s no reason to believe small firms will be hurt as claimed.

Moreover, the information disclosed by firms is no different under the bill–only the format in which it exists. There is no less information available to investors, it just makes it little less convenient to extract–particularly for the information service companies whose computer systems rely on XBRL to gather they data they sell to investors. More on this momentarily.

2) The costs of the current requirement are not as large as the bill’s sponsors claims.–IRRELEVANT AT BEST
According to XBRL US, an XBRL industry trade group, the cost of compliance ranges from $2,000 for small firms up to $25,000–per filing (or $8K to $100K per year). XBRL US goes on to claim those costs are coming down. Regardless whether the actual costs are the “tens of thousands of dollars a year” that bill sponsor Rep. Robert Hurt (VA-5) claims, the point is there are costs that are not clearly justified by any benefits of the disclosure format.

Moreover, if costs are coming down as claimed, then small businesses will be more likely to voluntarily use XBRL. In fact, the ability of small companies to choose NOT to file using XBRL will put competitive pressure on filing compliance companies to reduce costs even further in order to attract business, rather than enjoying a captive market of companies that have no choice.

3) Investors will be harmed because they will lose access to small company data.–FALSE
As noted above,investors will have no less information under the bill–they simply won’t be able to use automated programs to extract the information from the filings. Moreover, even if there was less information available, information asymmetry has long been a part of financial markets and markets are quite capable of dealing with such information asymmetry effectively in how prices are determined by investors and market-makers.  Paul Healy and Krishna Palepu (2001) provide an overview of the literature that shows markets are not only capable, but have an established history, of dealing with differences in information disclosure among firms. If any investors stand to lose, it would be current investors in small companies whose stocks could conceivably decrease in value if the companies choose not to use XBRL. Could. Conceivably. But with no evidence to suggest they would, much less that the effects would be large. To the extent large block holders and institutional investors perceive a potential negative effect, those investors also have the ability to influence management’s decision on whether to take advantage of the proposed exemption or to keep filing with the XBRL format.

The other potential investor harm critics point to with alarm is the prospect that small companies would be more likely and better able to engage in fraudulent reporting because regulators will not be able to as easily monitor the reports. Just one problem: the bill specifically requires the SEC to assess “the benefits to the Commission in terms of improved ability to monitor securities markets” of having the XBRL requirement. That will require the SEC to actively engage in monitoring both XBRL and non-XBRL filings in order to make that determination. So the threat of rampant fraud seems a tad bit overblown…certainly not what one critic described as “a massive regulatory loophole that a fraudulent company could drive an Enron-sized truck through.”

In the end, the bill before Congress would do nothing to change the kind of information that is made available to investors. It would create a more competitive market for companies who do choose to file using the XBRL structured data format, likely reducing the costs of that information format not only for small companies, but also for the larger companies that would still be required to use XBRL. By allowing smaller companies the freedom to choose what technical format to use in disclosing their data, the cost of compliance for all companies can be reduced. And that’s good for investors, capital formation, and the global competitiveness of US-based stock exchanges.

Filed under: disclosure regulation, financial regulation, markets, Sykuta, truth on the market

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Financial Regulation & Corporate Governance

Good News for the SEC? Bad News for Markets

Popular Media The Securities and Exchange Commission (SEC) recently scored a significant win against a Maryland banker accused of naked short-selling. What may be good news for . . .

The Securities and Exchange Commission (SEC) recently scored a significant win against a Maryland banker accused of naked short-selling. What may be good news for the SEC is bad news for the market, as the SEC will now be more likely to persecute other alleged offenders of naked short-selling restrictions.

“Naked” short selling is when a trader sells stocks the trader doesn’t actually own (and doesn’t borrow in a prescribed period of time) in the hopes of buying the stocks later (before they must be delivered) at a lower price. The trader is basically betting that the stock price will decline. If it doesn’t, the trader must purchase the stock at a higher price–or breach their original sale contract.Some critics argue that such short-selling leads to market distortions and potential market manipulation, and some even pointed to short-selling as a boogey-man in the 2008 financial crisis, hence the restrictions on short-selling giving rise to the SEC’s enforcement proceedings.

Just one problem, there’s a lot of evidence that shows restrictions on short-selling make markets less efficient, not more.

This isn’t exactly news. Thom argued against short-selling restrictions seven years ago (here) and our late colleague, Larry Ribstein, followed up a couple years ago (here).  The empirical evidence just continues to pile in. Beber and Pagano, in the Journal of Finance earlier this year examine not just US restrictions on short-selling, but global restrictions. Their abstract reads:

Most regulators around the world reacted to the 2007–09 crisis by imposing bans on short selling. These were imposed and lifted at different dates in different countries, often targeted different sets of stocks, and featured varying degrees of stringency. We exploit this variation in short-sales regimes to identify their effects on liquidity, price discovery, and stock prices. Using panel and matching techniques, we find that bans (i) were detrimental for liquidity, especially for stocks with small capitalization and no listed options; (ii) slowed price discovery, especially in bear markets, and (iii) failed to support prices, except possibly for U.S. financial stocks.

So while the SEC may celebrate their prosecution victory, investors may have reason to be less enthusiastic.

Filed under: financial regulation, securities regulation, Sykuta

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Financial Regulation & Corporate Governance

Who’s Flying The Plane?

Popular Media It’s an appropriate question, both figuratively and literally. Today’s news headlines are now warning of a looming pilot shortage. A combination of new qualification standards . . .

It’s an appropriate question, both figuratively and literally. Today’s news headlines are now warning of a looming pilot shortage. A combination of new qualification standards for new pilots and a large percentage of pilots reaching the mandatory retirement age of 65 is creating the prospect of having too few pilots for the US airline industry.

But it still begs the question of “Why?” According to the WSJ article linked above, the new regulations require newly hired pilots to have at least 1,500 hours of prior flight experience. What’s striking about that number is that it is six times the current requirement, significantly increasing the cost (and time) of training to be a pilot.

Why such a huge increase in training requirements? I don’t fly as often as some of my colleagues, but do fly often enough to be concerned that the person in the front of the plane knows what they’re doing. I appreciate the public safety concerns that must have been at the forefront of the regulatory debate. But the facts don’t support an argument that public safety is endangered by the current level of experience pilots are required to attain. Quite the contrary, the past decade has been among the safest ever for airline passengers. In fact, the WSJ reports that:

Congress’s 2010 vote to require 1,500 hours of experience in August 2013 came in the wake of several regional-airline accidents, although none had been due to pilots having fewer than 1,500 hours.

Indeed, to the extent human error has been involved in airline accidents and near misses over the past decade, federally employed air traffic controllers, not privately employed pilots, have been more to blame.

The coincidence of such a staggering increase in training requirements for new pilots and the impending mandatory retirement of a large percentage of current pilots suggests that perhaps other forces were at work behind the scenes when Congress passed the rules in 2010. Legislative proposals are often written by special interests just waiting in the wings (no pun intended) for an opportune moment. Given the downsizing and cost-reduction focus of the US airline industry over the past many years, no group has been more disadvantaged and no group stands more to gain from the new rules than current pilots and the pilots unions.

And so the question, as we face this looming shortage of newly qualified pilots: Who’s flying the plane?

 

Filed under: barriers to entry, consumer protection, markets, political economy, regulation, Sykuta

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Antitrust & Consumer Protection

More Bailout Fallout: Non-buyer’s Remorse

TOTM An interesting story in the WSJ Online today about American International Group (AIG)’s use of a standard tax write-off and the political firestorm it is . . .

An interesting story in the WSJ Online today about American International Group (AIG)’s use of a standard tax write-off and the political firestorm it is creating…all because the Washington establishment thought it could hide behind semantics during the bailout era.

Read the full piece here

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Financial Regulation & Corporate Governance

A Tale of Two Subsidies

Popular Media Last week’s business news highlighted two tremendous subsidy programs. In one case, the company received no direct payment for product development. None of its suppliers . . .

Last week’s business news highlighted two tremendous subsidy programs. In one case, the company received no direct payment for product development. None of its suppliers received targeted subsidies to produce parts. But consumers were subsidized to encourage them to buy the product.

In the other case, the company received direct payments to underwrite the cost of product development, one of the company’s suppliers received an even larger subsidy to create critical components, and consumers were given subsidies to encourage them to buy the product.

One of those products is among the best selling products in the world. The other just halted production. The successful one was subsidized through private market transactions. The other was subsidized by the US government using taxpayer dollars.

If you haven’t guessed by now, I refer to the Apple iPhone and the Chevy Volt, respectively.

The irony of these twin tales is that they highlight the problems of subsidies in general, but particularly when the subsidy is used as a tool for the government to pick winners and losers in the market (i.e., industrial policy).

In the case of the iPhone, cellular phone companies subsidize the phone in the hope of being able to recoup those costs in the price of the service contracts that are bundled with the subsidized phones. Basically, the subsidy really amounts to nothing more than a marketing expense for the cell phone companies to expand their market share of (particularly data) service contracts. Cell phone carriers recognize that consumers value the features of the phone and are willing to take a loss on the phone to get the consumers locked into a service contract. The subsidy creates value all the way around, since the cellular companies would not offer the subsidy if they did not believe they could more than recoup the cost on the service contracts.

In the case of the Volt, the government had no concern for being able to break even. The motive was to unlevel the playing field by giving GM an (unfair?) advantage in developing an electric vehicle, whether compared to other electric vehicle manufacturers or to traditional combustion engines and recent hybrids. (Actually, according to the WSJ report, the Feds also subsidized Fisker Automotive’s Nina plug-in, which is also no longer in active production.) The problem is, consumers don’t want the product—even at the whoppingly-low, subsidized price of $40,000 per car. GM sold barely half of its originally target of 15,000 cars in 2011. The company has built up so much excess inventory that it shut down production and laid off 1,300 workers for a couple months, with the hope that consumers will eventually buy up the excess.

This doesn’t mean that private market “subsidies” are necessarily good either. As the WSJ reported, Apple is facing an uphill battle. As the market for contract cell service begins to get saturated, Apple finds itself unable to effectively compete in the non-contract market because it doesn’t have affordably-priced phones for that segment and cellular companies cannot (or simply will not) subsidize the iPhone if they can’t recoup the cost. Some investment fund managers have even grown leery of Apple because they see a rough road ahead as Apple tries to expand into LDC’s where non-contract phone plans dominate and consumers cannot afford the pricy iPhone.

As the WSJ headline indicates, subsidies provide a crutch for producers. In every case, over-reliance on the crutch will inhibit long-term growth and economic viability. The difference between privately-provided crutches and government-provided crutches is that the private sector market has a much stronger incentive to make sure the patient has a realistically good prognosis to begin with, rather than Washington’s knack for picking losers.

Filed under: business, markets, Sykuta, truth on the market

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Financial Regulation & Corporate Governance