Note: This is a work in progress. Expect it to change over time as I (hopefully) improve on it.Stephen Samuel -- Tue Mar 7 17:07:30 PST 2006
Someone on Slashdot recently asked the question of why AMD could get away with suing Intel over their agreement with Skype that limited non-Intel CPUs to 5-way conference calls. This person's issue was that people make exclusive agreements all the time. My original thought was simply: "It's because Intel controls the market". I quickly realized, however, that this answer wasn't enough. Everybody knows that Intel controls the market. The real question was: "Why do we treat market leaders differently?". I think that many people have 'a gut feeling' that banning preferential agreements by dominant market players is a good thing, but it's very difficult for most people to explain precisely why. It turns out that the answer to the question lies in the mathematics of market control.
Preferential and exclusionary agreements are relatively common. Cereal companies vie for preferential placement in supermarket aisles; Coke and Pepsi are in a dogfight for exclusive deals in schools; Credit card companies offer huge incentives for exclusive rights to events like The Olympics. Everywhere you look, you can find examples of companies fighting for some sort of preferential treatment which allows them to get the attention of the consumer.
For the most part, these deals appear to be harmless. Especially where someone is attempting to break into a market, they simply allow a small player to get the attention of the consumer in some specific (but usually small) part of the market.
The rules change slightly when you've got a near-monopoly. This is part of what tripped up Microsoft in their anti-trust trials.
The heart of the problem is that it's far easier to convince someone to exclude "the competition" from the market when the competition has a disproportionately small portion of the market. This is because discriminating against the market leader will have a larger effect on your company than discriminating against a small player.
As a thought experiment, and for the ease of math, let's say that the general market is 90% Intel, 10% AMD, and Skype's customer base reflects that -- in other words, Skype's customer base is 90 parts
Intel users and
10 parts AMD. If Intel has to pay $10million
to compensate Skype for market opportunities lost by excluding AMD using customers then
AMD would have to pay $90million to get
Skype to go the other way and exclude Intel users. Add to that the
fact that Intel has 9 times
as much income from their larger market share
and you have a
81-1 difference in impact on their profit margins (9 times the income and 1/9 the cost to do the same thing).
Or - - to put it another way, between gross profits and market
share, Intel could afford to buy off 81 market
'slots[1]' for every one that AMD could afford to.
It's basically a market-ratio squared relationship. If the market ratio is increased to from 90%/10% TO 95%/5% (19-1 ratio) the advantage increases from 81-1 (9²) to 361-1 (19²). As you can see, this can easily spiral into a near-absolute market ownership, denying customers any real choice in the market no matter how good the competition is. (MS/Linux, anybody?)
If it came to open warfare like this, AMD could quickly be reduced to a tiny portion of the market and customers could eventually be unable to even find business that deal with AMD (Dell anyone?). Once you use this effect to further reduced AMD's market share, Intel's ability to further marginalize them would be multiplied until AMD was reduced to an insignificant market access independent of the relative quality of their products.Although the problem gets a bit more difficult as you introduce multiple market players, I think that it's clear that you can easily get into this death-spiral as soon as one of the market players exceeds 50% of the market.
It's actually a worse than ratio squared relationship because we haven't taken into account things like the probability that, if Intel has a 81-1 ratio of market-exclusionary agreements, they can now exact a higher profit margin without significantly affecting customers' willingness (or, ability) to buy AMD. That, however is harder to quantitize, so I'll only mention it as an aggravating factor, rather than including it in my math.
About the only real way to avoid this problem is to create
artificial rules designed to stop such market-warping
agreements when the market gets too lopsided, to prevent market choice
from getting totally destroyed.
I would also suggest that this simple bit of mathematics indicates that
the 'dominant market position' required to block such agreements should
kick in (at the very latest) by the time a market player reaches
50%, and arguably much earlier.
Table of relative advantage in preferential agreements vs market
share:
(the actual formula is:
marketshare=sqrt(advantage)/(1+sqrt(advantage)) )
Advantage Market share 1-1 50.00% 2-1 58.58% 3-1 63.40% 4-1 66.67% 5-1 69.10% 10-1 75.97% 20-1 81.73% 50-1 87.61% 100-1 90.91% 1000-1 96.93% 10000-1 99.01%[1]A 'slot', here, is an abastract portion of the market, where each slot has the same value (for some reasonable definition of value) -- rather like the way a dollar is an abstraced portion of the resources available in society.
Comments? Most notably, do I lose you? If I do lose you, at what point do you get lost? Suggestions are gratefully accepted.