Beruflich Dokumente
Kultur Dokumente
A Novel Three - Part Method For Combating Anti - Competitive Practices
Prolegomena
Anti
competitive
behaviours
are
stalling
the
development
of
the
economy
and
the
society
as
a
whole,
by
hindering
innovation
and
the
expansion
and
distribution
of
wealth
evenly,
among
all
its
economic
units.
The
current
approach
for
combating
anti
competitive
behaviour
has
been
a
mix
of
good
and
bad
strategies.
A
good
strategy
is
one
that
utilises
minimum
sources
and
brings
a
near-‐optimum
result
–
a
bad
strategy
is
the
opposite.
With
the
present
proposal
we
shall
outline
three
novel
methods
for
combating
anti-‐competitive
behaviour.
Asking
a
company
not
to
apply
anti-‐competitive
practices,
is
like
asking
a
person
to
cut
his
own
leg.
From
the
beginning
of
time,
traders
and
companies
engaged
in
cutthroat
“competition”
and
tried
to
cannibalise
each
others’
market
share
by
using
every
dirty
trick
in
the
book.
From
the
Roman
times
to
the
Middle
Ages,
the
authorities
imposed
some
kind
of
competition
law
in
one
way
or
another
in
business
practices
(example
gratia,
in
Julius
Caesar's
time
according
to
Babled
in
De
La
Cure
Annone
chez
le
Romains,
also
Wilberforce
(1966)
p.20,
21.
22).
The
concept
of
“cornering
the
market”
was
the
epitome
of
a
good,
not
a
bad
trading
tactic
–
dumping,
exclusive
dealing,
barrier
to
entry,
price
fixing,
refusal
to
deal,
dividing
territories,
limit
pricing,
were
considered
quite
valid
tactics
in
order
to
gain
market
share,
raise
prices
and
eliminate
competition.
In
recent
times,
the
inception
of
the
basis
of
competition,
or
anti-‐trust
law,
arose
in
the
United
States
with
the
Sherman
Act
in
1890s,
where
the
need
to
break
up
monopolists
such
as
AT&T
and
Standard
Oil
was
readily
apparent.
Through
the
development
of
the
regulatory
framework,
matters
have
reached
an
equilibrium
whereby
the
position
is
NOT
that
companies
happily
and
pro-‐
actively
exercise
pro-‐competitive
practices,
but
that
they
will
try
to
distort
the
market
whenever
possible.
As
such,
engaging
in
anti
competitive
behaviour
is
simply
a
matter
of
survival
–
if
there
are
three
competing
entities
and
one
uses
ACP
(anti
competitive
practices)
and
the
others
do
not,
it
will
gain
market
share
–
if
two
use
ACP,
the
third
one
will
cease
to
exist.
Anti
competitive
behaviour
is,
prima
facie
and
if
not
regulated
properly,
a
powerful
weapon
in
the
hands
of
companies
–
they
do
have
a
big
incentive
to
use
it
because
it
increases
their
profits
and
survivability
–
for
the
companies
it
is
not
therefore
evil
per
se,
but
a
positive
reaction.
The
above,
is
a
valuable
intuition
and
conclusion,
which
provides
a
guideline
on
how
to
deal
with
this
problem
The
only
disincentive
for
companies,
under
the
current
regulatory
framework,
is
that
if
they
are
caught
practicing
ACP,
they
may
be
fined
or
restricted
–
under
these
rules
however,
unfortunately,
this
game
becomes
a
game
of
cat
and
mouse
chase.
Alvin
Toffler
very
correctly
points
out
in
his
latest
book
written
in
2006,
“The
Revolutionary
Wealth”,
that
private
entities,
as
an
institution,
will
always
utilize
the
latest
technology
and
human
and
natural
resources
in
order
to
stay
ahead
of
the
game.
For
that
reason,
private
(companies),
vis
a
vis
the
public
sector
(regulatory
&
competition
authorities)
will
always
be
faster
and
smarter.
Evidence
that
the
above
conclusion
is
true,
is
provided
by
the
fact
that
we
witness
an
increase
of
ACP
with
the
current
system,
therefore
pointing
to
its
ineffectiveness
due
to
the
big
discrepancy
in
the
capabilities
of
each
player
(public-‐private
sector).
The
aim
therefore
of
the
regulator,
should
be
to
devise
such
a
system
and
rules
in
order
to
incentivise
(bribe)
the
potential
perpetrator
companies
to
self-‐regulate,
rather
that
chase
after
them,
an
impossible
mission.
Our
proposal
for
such
a
system
could
be
as
follows:
when
recycling
became
the
philosophy
du
jour,
and
not
unjustly,
due
to
widespread
pollution
and
waste
dumps,
after
a
few
years
it
also
became
E.C.
law
and
effective
by
the
"Packaging
and
Packaging
Waste
Directive
-‐
94/62/EC",
which
is
binding
on
all
companies
if
their
products
use
packaging
and
requires
manufacturers
to
recover
their
own
packaging.
According
to
the
directive,
if
a
company
does
not
join
the
Green
Dot
scheme,
they
must
collect
recyclable
packaging
themselves,
although
this
is
almost
always
impossible
for
mass
products
and
only
viable
for
low-‐volume
producers.
Regulatory
authorities
in
individual
countries
are
empowered
to
fine
companies
for
non-‐compliance,
although
enforcement
varies
by
country
(source,
wikipedia:
http://en.wikipedia.org/wiki/Green_Dot_(symbol))
Naturally,
the
companies
had
no
other
motive
to
do
so,
other
than
the
fact
that
the
participating
countries
could
enforce
the
law
and
set
fines
for
non-‐
compliance.
At
some
point
however
in
Germany,
the
idea
of
the
Grune
Punkt
(The
Green
Dot
Scheme)
was
originally
introduced
by
Duales
System
Deutschland
GmbH
(DSD)
in
1991,
following
the
introduction
of
a
Packaging
Ordinance
under
the
Waste
Act.
The
Green
Dot
was
a
distinct
recycling
logo,
in
schema
1,
below;
On
a
conceptual
level,
the
Green
Dot
Scheme
(GDS),
as
it
came
about
to
be
known
in
English,
constituted
a
different,
albeit
more
subtle,
attack
vector
on
potential
infringers
of
the
recycling
law.
This
was
the
fact
that,
as
the
Japanese
say,
“the
nail
that
protrudes,
will
be
hit
by
the
hammer”;
that
is,
early
adopters
would
gain
wide
and
valuable
“Green
Recognition”
and
would
capture
the
consumers’
,
the
authorities’
and
the
general
public’s
heart
as
being
on
the
right
side
of
morality.
The
ones
that
did
not
adopt
the
scheme,
would
be
captured
in
the
minds
of
the
public
as
being
“evil”
polluters.
For
that
reason,
being
part
of
the
“new
scheme”
becomes
a
matter
of
survival
and
not
a
matter
of
choice.
If
a
company
chooses
to
adopt
an
anti-‐competitive
stance
it
will
win
x
but
it
will
ultimately
lose
2x
and
also
tarnish
its
brand
name
which
is
a
lethal
outcome
in
the
long
term.
Mathematically, this can be portrayed by a decision tree, as in schema 2, below;
Compliance
Non
Compliance
ECONOMIC
ENTITY
Schema 2:
The
method
through
which
the
companies
can
be
rated
and
allocated
in
the
spectrum
of
competitiveness,
so
as
to
gain
the
according
categorical
based
golden/silver/bronze
blue
dot,
is
dependent
on
the
methods
of
evaluation
and
monitoring
of
an
entity’s
competitiveness.
Some
of
these
methods
already
exist
and
can
be
applied
the
competition
authorities,
for
example,
could
award
a
competition
practices
grade
based
on
the
breaches,
borderline
breaches
or
simply,
absence
of
breaches.
In
any
case,
the
Blue
Dot
Incentive
Scheme,
more
or
less,
aims
to
achieve
exactly
what
an
old
mafia
saying
states,
namely;
“when
you
wish
someone
to
do
something
for
you,
you
first
bribe
him,
then
threaten
him
and
then
exterminate
him,
in
this
order”
With the Blue Dot Scheme, the aim is to bribe them to legality.
“ANTI TRUST – POWER TO THE Schema
3:
Concept
Blue
Dot
Scheme
CONSUMER”
Logo
2. Algorithm
Based
Monitoring
A
large
part
the
potential
anti-‐competitive
practices,
aim
for
one
particular
result;
the
increase
of
prices
and
ultimately,
profit.
If
society
is
simply
left
to
market
forces,
the
strong
entities
will
eventually
form
cartels
and
monopolies
and
will
attempt
to
siphon
off
the
society’s
resources
for
their
own
benefit
in
a
classic
“winner
takes
all”
scheme.
In
view
of
the
above,
a
method
for
monitoring
and
combating
unjust
price
increases
(or
decreases,
in
the
cases
of
predatory
pricing
schemes)
must
be
devised.
The
level
of
prices,
whilst
not
the
only
indication
of
anti-‐competitive
practices,
is
still
a
very
important
indicator,
as
it
is
the
logical
progression
of
ACP
and
the
only
parametrical
data
that
can
be
quantified.
So
far
the
methods
used
have
been
reactive
rather
than
proactive
–
the
authorities
utlilise
either
fines,
cartel
participator
betrayals,
whistleblowers
or
simply
observe
price
hikes/increases
long
after
they
have
changed.
Ab
initio,
the
corpus
of
data
that
needs
to
be
monitored
is
huge;
there
are
millions
of
entities
operating
in
the
market
and
a
multitude
of
methods
in
which
they
may
engage
in
anti
competitive
behaviour.
Ergo,
there
is
a
huge
corpus
of
data
that
must
be
monitored,
optimally,
on
a
real
time
basis,
and
solid
conclusions
must
be
reached,
again
real
time.
Such
systems
do
exist
in
a
sector
of
computer
science
and
mathematics
which
is
called
data
mining;
the
subject-‐matter
techniques
are
Bayesian
network
&
statistics
and
neural
networks,
already
used
by
private
companies
as
the
current
standard
in
order
to
delve
through
piles
of
data
and
reach
early
conclusions
(http://www.springerlink.com/content/hj76101328205810/
and
http://www.nd.com/welcome/whatisnn.htm,
also
http://en.wikipedia.org/wiki/Artificial_neural_network,
http://en.wikipedia.org/wiki/Bayesian_network).
In
this
particular
case,
this
was
a
false
positive
detected
by
the
system,
but
it
hurt
nobody
that
the
transaction
was
verified.
In
fact,
in
my
mind,
it
made
me
use
VISA
more
often,
safe
in
the
knowledge
that
a
smart
algorithm
will
detect
any
transaction
that
may
be
committed
by
a
thief,
with
my
card.
The
benefits
of
such
system
are
that
it
is
a
natural
Panoptikon
–
companies
will
supply
their
pricing
in
real
time
to
a
central
data
repository
maintained
by
the
competition
authorities
and
the
prices
will
be
monitored
for
undue
fluctuations,
again
in
real-‐time
–
no
need
to
target
specific
entities,
all
are
targeted
automatically
and
more
importantly,
they
know
it.
Knowledge
of
being
monitored
100%
of
the
time
is
the
main
concept
of
the
Panoptikon
and
is
a
great,
a
priori,
deterrent.
A
good
parallel
tactic
would
be
for
the
data
mining
algorithm
to
be
open
and
known
to
companies
supplying
the
data,
so
that
they
may
self-‐regulate,
also
a
priori,
and
not
attempt
to
raise
any
red
flags.
Any
red
flag
raised
can
be
investigated
further
by
human
intelligence.
Starting
from
a
primitive
base,
such
system
could
connect
all
world
competition
authorities
in
a
central
data
repository,
compare
data
between
all
the
companies
in
the
world
and
provide
a
very
reliable
indication
of
anti-‐competitive
practices
–
the
more
data,
the
analytics
results
will
be
closer
to
the
optimum.
In any case, with the use of this system, the net outcome will be positive.
So
far
the
attack
vectors
against
anti
competitive
practices
derived
from
the
public
sector
institutions
and
namely
the
competition
authority
and
the
regulators.
A
most
excellent
attack
vector,
which
has
been
devised
by
the
regulators,
is
the
provision
of
incentives
to
betrayers
in
cartels.
These
are,
in
turn,
exonerated,
after
their
betrayal
of
the
cartel
to
the
authorities
–
this
practically
means
that
the
infringing
entities
themselves
are
involved
in
combating
such
practices
–
again,
self
–
regulation,
an
optimum
tactic
because
it
uses
minimum
resources
and
gives
a
priori
disincentive
to
form
a
cartel.
Anti
competitive
combating
techniques,
would
however
be
further
enhanced
by
utilizing
as
many
as
possible
institutions
in
society.
It
follows
that
in
order
for
the
other
institutions
to
be
motivated,
incentives
must
be
provided.
Third
party
and
not
intra
party
whistleblowers
and
anti
–
competition
head
hunters
can
be
given
cash
rewards
and
could
be
honoured
and
ranked
according
to
their
effectiveness
in
a
Pro-‐Competition
Wall
Of
Fame
in
the
Competition
Authority’s
central
website.
A
corresponding
Wall
Of
Shame
employed
under
the
aegis
of
the
Blue
Dot
Scheme,
as
in
(1),
above,
could
also
be
utilized,
for
maximum
effectiveness.
Companies
take
great
pride
and
advertise
their
“green
practices”,
why
should
not
advertise
and
take
pride
in
their
“blue
practices”?
Law,
Economic,
Mathematics,
Computer
Science
and
other
University,
School
and
College
departments
could
potentially
compete
with
each
other
and
also
assign
projects
with
the
aim
of
“hunting
the
anti-competitor
who
distorts
the
market
and
steals
from
the
people”.
In
this
manner,
the
metaphorical
society’s
hounds
would
be
unleashed,
chasing
the
dirty
players
in
the
market
–
no
company
would
be
able
to
hide
for
long,
or
survive
such
onslaught
of
societal
forces
chasing
after
them.
Again, crucial in this regard is the opening up of information to all entities.
If
the
above
principle
becomes
a
blanket
principle,
it
levels
out
the
playing
field
for
every
economic
entity
involved
and
also
renders
the
market
transparent.
Once
the
data
is
open
to
the
public,
automatic
analytics
can
be
run
through
the
system
and
anyone
can
review
them
for
deviations
from
the
normal
(human
analytics).
4. Schematics
:
Combining
Human
&
Artificial
Intelligence
To
Combat
ACP
–
Proposals
3
&
4
STEP
ONE:
SENDING
DATA
TO
CDD
COMPANY
1
CENTRAL
DATA
REPOSITORY
STEP
ONE:
STEP
THREE:
THIRD
PARTY
SENDING
DATA
ANALYSIS
OF
DATA
REVIEW
TO
CDD
BY
THIRD
PARTIES
COMPANY
2
STEP
FOUR:
COMPETITION
ANALYSIS
OF
ALL
DATA
BY
AUTHORITIES
COMPETITION
AUTHORITY
STEP
FIVE:
INTERVENTION
OF
COMPETITION
AUTHORITY
Conclusion
This
combating
must
become
a
matter
of
priority
for
societies
because
societies
have
reached
a
point
whereby
globalization
has
brought
about
further
integrations,
consolidations,
mergers
and
acquisitions
in
the
market,
with
market
power
slowly
being
directed
into
few
entities.
This
fact
poses
a
great
risk,
namely
that
global
wealth
expansion,
distribution
and
the
rate
of
innovation
will
be
significantly
hindered
by
anti
–
competitive
practices.
One
needs
to
merely
look
at
how
Microsoft
managed
to
keep
innovation
and
competition
at
bay
in
the
field
of
personal
computers
for
more
than
ten
years,
quashing
in
the
process
amazing
innovating
companies
such
as
Netscape
who
was
a
pioneer
in
1998-‐2002,
Real
Media
and
the
Open
Source
community
(^
Case
T-‐201/04
Microsoft
v.
Commission
Order,
22
December
2004).
The
fact
that
Microsoft
received
punishment
by
the
competition
authorities
for
its
practices
only
ten
years
after
a
continuous
breach,
points
out
to
the
inefficiencies
of
the
current
system.
For
this
reason,
the
underwriter
believes,
that
three
important
elements
will
enable
societies
to
render
anti-‐competitive
practices
more
efficient
in
the
future:
1. Opening
Up
Of
Corporate
Data
To
All
2. Running
Automatic
(Algorithms
&
Other
Artificial
Intelligence
Analytics)
&
Human
Intelligence
Analytics
(Competition
&
Regulatory
Authorities,
Universities
&
Other
Head
Hunters)
On
the
Open
Data
3. Incentivising
&
Penalising
Potential
Infringers
In
Order
To
Enable
Self
Regulation
(Blue
Dot
Incentive
Scheme
–
Wall
Of
Fame/Wall
of
Shame)
The
world
Gross
Product
and
wealth
system
is
suffering
from
anti-‐competitive
behaviours.
The
white
collar
crime
however
of
anti
competitive
behaviours,
because
by
its
nature,
involves
institutions
that
have
gathered
the
most
resources
in
society,
is
crime
committed
on
a
massive,
grand
and
global
scale
–
that
is,
the
embezzlement
of
societies’
resources.
Such
crimes
therefore
must
be
dealt
with
effectively
and
conclusively
with
avant
guarde
methods,
such
as
the
ones
suggested
above.
Global
society
has
been
motivated
recently,
with
the
Green
Initiative,
because
its
survival
has
been
threatened.
The
optimal
distribution
of
wealth,
which
can
be
achieved
by
removing
anti
-‐
competitive
anomalies
in
the
markets,
is
a
cause
which
is
on
par
with
the
green
initiative
–
and
this
is
because
it
ultimately
enhances
society’s
survivability
and
welfare.
For
that
reason
ACP
practices
must
be
combated
–
the
results
will
increase
welfare
for
all
humanity
and
also
make
humanity,
as
whole,
progress
faster.
Monterosso Al mare, Cinque Terre, Italy Sunday, 08.08.10, 16:11 hours