Antitrust
Although EDI and B2B exchanges may provide efficiencies and opportunities
unavailable to businesses before the mediation of electronic commerce,
EDI and B2B exchanges also can be breeding grounds for collusion.
Two reports issued in 2000 by the Federal Trade Commission, one of
which was written jointly with the Department of Justice, acknowledge
that antitrust laws should be applied to online exchanges, just as
with more traditional marketplaces. (The FTC reports can be found
here
and here.
B2B
exchanges, like all other marketplaces, create a situation where
competitors might collaborate. For example, Covisint,
an exchange used by the automobile industry, is a joint initiative
between three of the largest automakers: GM, Ford, and DaimlerChysler.
This competition has the potential to be anticompetitive - a situation
disadvantageous to consumers. This collusion can be obvious - a
clear price set by the industry - or more subtle thanks to the speed
and distributive nature of the Internet. Seemingly minor details,
such as the structure, bylaws, operating rules, ownership, and management
of a B2B exchange can be considered collusive.
Although an FTC
probe into Covisint produced no violations against the cooperative,
other B2B exchanges with less strict bylaws may have a different
fate.
B2B
exchange collusion can exist in a variety of forms. Exclusivity
is an important factor in collusiveness. To be fair, the exchange
cannot be too inclusive or too exclusive. For example, an agreement
to exclude rivals from investing in or using a B2B exchange is an
exclusive practice. Limiting functionality or features of the exchange
can also be a form of exclusion. Inclusion can exist when operating
rules prevent contributing parties from using competing exchanges.
Time commitments for B2B exchanges can also hinder business for
a rival exchange.
Another
fear stemming from collusion is the use of information-sharing agreements.
As the Internet allows information to be shared with unprecedented
speed, businesses could agree to share inside information to benefit
each other and harm the marketplace. Additionally, firms could work
together to jointly purchase goods. This monopsony power, a market
with only one buyer and many sellers, could work together to drive
prices down by purchasing less of an item, and thereby decreasing
output.
When
examining collusive behavior by B2B exchanges, the Federal Trade Commission
and the Department of Justice examine two key questions:
1.) Will the B2B venture permit rivals to exchange and use competitively
sensitive information to raise prices to consumers?
2.) Are there exclusionary rules that limit competitors from using
the B2B or the unduly impede the development of competing B2B exchanges
by preventing shareholders or participants from using competing
exchanges?
Additionally, the agencies consider five factors:
1.) Who will receive or have access to competitively sensitive information?
2.) What type of information will be shared?
3.) How fresh and transaction specific will the information be when
it is made available?
4.) Is the information already available through other sources?
5.) What is the structure of the market served by the B2B?
For
additional information on these factors, see "Applying
Antitrust Law to B2B Marketplaces."
While
new supply chain and procurement tactics emerge with the adoption
of B2B exchanges; "In the end, a B2B, stripped to its essential
features, is little more than a joint venture among competitors
(anti-trust article). Therefore, online B2B is subject to the same
types of scrutiny regular markets face. No anti-competitive behavior
can take place, just like in regular marketplaces. As such timeliness
of information is also an important consideration when operating
B2B exchanges. For example, in U.S. v. Airline Tariff Publishing
Co., 58 Fed. Reg. 3971 (1/12/1997), the DOJ charged some airlines
because of price-signaling aspects of the B2B arrangement.
Contracts
For all businesses, it is crucial that their significant time and
expense for a B2B exchange be protected with a contract. See Dairy
Streets Terms and Conditions for an example agreement for an
online exchange. Standardization efforts remain a major significant
barrier to efficient B2B contracts. Efforts are now in place to
automate contracting in the B2B realm. Companies such as I-many,
diCarta, MyContracts, and Webango are just a few of the many software
firms looking for a piece of the electronic contracting market.
If adopted, these types of contracts may compliment the efficiencies
of B2B and help provide timelier business to business transactions.
Trust
Trust is also of paramount importance in B2B. Without trust in other
firms, B2B is not possible. EDI relationships are usually found
between firms with very strong, long-standing relationships. Therefore,
these new Internet exchanges leave many questions when firms that
do not have strong ties depend on each other for business. "They
want to buy the right product from the right supplier and not necessarily
get the lowest price today.", says Andy Cohen, vice president
of marketing at Instill, a food-servcie e-commerce provider.
Trade-Ranger Inc. is an Internet hub for buyers and sellers in the
petrochemical industry. Sometimes called "gated communities,"
these types of exchanges provide membership agreements and security
measures to protect business transactions. Industry online market
places are a likely response for the past trust barriers to EDI
exchanges.
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