پیامدهای آنتی تراست بازار تجارت b2b الکترونیکی

Electronic marketplaces (e-marketplaces) allow networks of buyers and sellers to conduct business online and to exchange information more efficiently using Internet technology. Despite the benefits that e-marketplaces potentially afford firms, concerns have been raised that these markets may damage competition and potentially violate antitrust laws. This study considers the antitrust legislation related to e-marketplaces and examines the possible antitrust concerns that they raise. Potentially anticompetitive features of e-marketplaces are examined and guidance for firm conduct when creating or participating in an e-marketplace is offered.

Internet technology has significantly changed the ways in which firms collaborate and compete. One such development as to how firms cooperate within business-to-business markets is provided by electronic marketplaces (e-marketplaces). E-marketplaces — sometimes referred to as e-hubs, B2Bs, or online exchanges — allow networks of buyers and sellers to conduct business online and to exchange information related to the terms and conditions of trade (de Boer et al., 2002 and Varadarajan and Yadav, 2002). This study provides a discussion as to the antitrust implications of this increasingly important form of commerce. By trading through portals such as ‘SupplyOn’ (an online marketplace for tier-one and two automotive suppliers) firms and industries can potentially benefit from reduced buyer/supplier search costs, improved communications between buyers and sellers and the improved flow of goods through the supply chain. During the 1990s, e-marketplaces grew rapidly from a handful of web sites in sectors such as chemicals and metals to some 750 e-marketplaces in 2000 (Brunelli, 1999 and The Economist, 2000). It is estimated that in excess of 1000 e-marketplaces are currently in operation (eMarket Services, 2007), having now gained broad acceptance in most industries (Howard, Vidgen, & Powell, 2005). For example, Volkswagen Group's e-marketplace ‘VWgroupsupply.com’ handles 90% of their global purchasing volume, including all automotive parts, indirect materials and components amounting to US$77 billion annually more than 70% of the Group's annual revenue. Despite the benefits of trading via e-marketplaces, concerns persist that the characteristics of some electronic marketplaces might damage competition and consequently be construed as anticompetitive (Fontenot & Hyman, 2004). Discussion of this issue is important as while several articles have adopted a legal perspective when discussing e-marketplaces (Bailey, 2001, Dajani, 2001, Horton and Schmitz, 2002, Laflamme and Biggio, 2001 and Sterling, 2001), limited attention has been dedicated to comprehending the potential antitrust threats e-marketplaces pose for the industrial marketer (Fontenot and Hyman, 2004 and Lichtenthal and Eliaz, 2003). Understanding the antitrust issues that e-marketplaces pose goes beyond assisting industrial marketers' in avoiding potential legal pitfalls. Identifying what constitutes a ‘competitive’ exchange is increasingly important as e-marketplaces are now a common platform for many B2B transactions. Subsequently, addressing potential antitrust issues ensures a level playing field for all participants and alleviates many of the concerns of parties (such as suppliers) participating in e-marketplaces. In general, antitrust legislation is important for marketers to comprehend when new technologies afford firms greater opportunities to collaborate.

E-marketplaces are changing the mechanics of competition in most industries for the better by providing opportunities for increasing supply chain management efficiencies. However, whilst firms are being encouraged to build relationships that are hard for competitors to imitate or displace (Day, 2000) and to move towards ‘coopetition’ — the simultaneous cooperation and competition between organizations (Sharma, 2002) — antitrust issues may arise (Fontenot & Hyman, 2004). Even if antitrust issues do not persist, understanding the ‘rules’ of competition will offer firms an insight into what constitutes a ‘competitive’ online exchange. Consequently, understanding the antitrust implications of e-marketplaces is important for marketers to comprehend particularly as they are now a common feature of the commercial landscape. More crucially, supply chain efficiencies aside, e-marketplaces will have to clearly demonstrate that their operating rules and procedures do not harm competition or individual firms. The anticompetitive issues that relate to e-marketplaces are not unique in the sense that they are covered by existing legislation. They do, however, allow larger numbers of players to interact more effectively and potentially to collaborate than many existing technologies such as EDI or even via the telephone network. Although a gray area currently exists concerning B2B e-marketplaces and legislation (with Government Agencies such as the FTC and DOJ adopting a fairly liberal and supportive attitude) agencies will be quick to act if there is the possibility of antitrust violation. As most developed countries have antitrust legislation informed by the US model (Djelic, 2002), the implications and issues discussed in this study including proposed conduct are generalizable to other country contexts. Online marketplaces are likely to benefit most markets by being procompetitive rather than reducing market competition. Their potential, however, to negatively impact on competition (and individual firms) is considerable. In particular, firms need to pay attention to governance structures, operating rules and procedures when creating and participating in e-marketplaces and to potential antitrust issues when new technologies afford competitors' greater opportunities to collaborate.