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High price for the wrong cup of tea

Inundated with stories of food shortages around the world, it is no wonder Hong Kong is worried about supply and costs.

We were also greeted this month with findings on price differences between various grocers in Hong Kong, notably that supermarkets charge up to 12 percent more than corner shops.

The Consumer Council followed up and found the gap between prices charged by different kinds of retailer has only increased. While the council is committed to helping the public become better shoppers, is this information surprising or beneficial?

Most Hong Kong estates have at least one or two supermarkets, as well as corner shops and wet markets nearby. With multiple choices offered to consumers, competition is high.

However, the council still believes we need a competition law to address the supermarket/corner shop percentage difference, even though it has admitted to understanding this may stem from supermarkets' better environment.

Still, if the council understands that the extras supermarkets provide - clean, air-conditioned environments, for example - are costly, and it sees no evidence of price collusion, but still wants a competition law, it must not understand what the concept really involves, and sadly, it isn't the only one.

While the theory of such laws is to promote competition by placing businesses on a level playing field, countless studies and economists have found it does the opposite, creating more harm than good, decreasing public choice and fairness, and marginalizing small and medium-sized enterprises by giving larger corporations the upper hand.

Competition policy hasn't proved it can influence where people shop. It may come as a disappointment, but competition policy isn't the cup of tea we thought it would be.

Recently in the UK, the competition regulator found supermarkets exhibiting anticompetitive behavior in supply- chain practices and land-related barriers to entry. Though no evidence suggested coordination or distortions in competition, the regulator still suggested the creation of an ombudsman to oversee the supply chain and a set of least cost, least intrusive remedies to address the adverse effects on competition.

While it is yet to be seen if this package is effective, it is important to note that regulators make the point of expressing that they favor the least intrusive remedies.

In Hong Kong, our situation is slightly better, as supermarkets have proved no barrier to competitors establishing themselves nor prevented corner shops from opening. There is no reason to worry about price-fixing in today's supermarkets, as no evidence can be found, and we also need not worry for the future. Economist George Stigler pointed out that even when few companies compete in a market, it is difficult for them to reach a consensus on price, and even if they do, they may not be able to discourage cheating.

Competition law leads to overdeterrence, spurring excessive costs from overmonitoring and prevention while raising production costs and thus, consumer prices.

There is no evidence that competition policy has deterred companies from engaging in actions that would have seriously harmed consumers.

If we have choice in the market and competition is functioning, then why do we need a messy and biased law that lacks relief and creates more problems?

The gaps in public and government knowledge show that competition law is really not understood and it would be very unfitting of the government to ruin its reputation and pass a misunderstood policy into law, forever staining Hong Kong. This lack of knowledge provides enough evidence that the public needs to be educated about competition law and that as it stands now it is thought of as a fairy godmother's magic wand.

Until economists have hard evidence that competition policy will generate social benefits, the government should focus on the violations within our economy, such as blatant barriers to entry and government-caused monopolies, while watching, but treating most other apparent threats to competition with "benign neglect" - as the well demonstrated functions of competitive markets will combat anticompetitive behavior.

If Hong Kong proceeds as it is today, promoting a competitive environment without competition law, we will avoid unnecessary legislation, higher prices, and gain world status. Internationally, academics who are interested in improving the consumer welfare effects of anticompetitive policy will rejoice.

2008-04-26

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