Competition watchdog’s bark will likely prove worse than bite

Most previous investigations have found little evidence of anti-competitive antics, suggesting shareholders have little to worry about.

The content of this article was relevant at the time of publishing. Circumstances change continuously and caution should therefore be exercised when relying upon any content contained within this article.

When investing, your capital is at risk. The value of your investments can go down as well as up and you may get back less than you put in.

Read More

The content of this article is provided for information purposes only and is not intended to be, nor does it constitute, any form of personal advice. Investments in a currency other than sterling are exposed to currency exchange risk. Currency exchange rates are constantly changing, which may affect the value of the investment in sterling terms. You could lose money in sterling even if the stock price rises in the currency of origin. Stocks listed on overseas exchanges may be subject to additional dealing and exchange rate charges, and may have other tax implications, and may not provide the same, or any, regulatory protection as in the UK.

You’re reading a free article with opinions that may differ from The Motley Fool’s Premium Investing Services. Become a Motley Fool member today to get instant access to our top analyst recommendations, in-depth research, investing resources, and more. Learn More.

Everyone in a capitalist economy wants more competition, right?
 
After all, in a State-driven top-down system, prices may be set by a central authority.
 
And under some communist ideologies you might not have prices at all – you get what you’re given, via quotas.
 
But we rely on market forces to best deliver the goods and services we need.
 
Indeed those alternatives to capitalism fell from favour mostly because they don’t work.
 
China pulled its people out of poverty not by edict but by unleashing competition. 

After all, in a State-driven top-down system, prices may be set by a central authority.
 
And under some communist ideologies you might not have prices at all – you get what you’re given, via quotas.
 
But we rely on market forces to best deliver the goods and services we need.
 
Indeed those alternatives to capitalism fell from favour mostly because they don’t work.
 
China pulled its people out of poverty not by edict but by unleashing competition.

For the greater good

There is a concern though that today’s late-stage capitalism might be breaking down.
 
That the rich are getting richer by hoarding the spoils, and that companies who’ve won the game are locking out newcomers and reaping more market share at the expense of us consumers who rely on competition to drive prices lower.
 
Personally, I see little evidence of the second part of this concern.
 
Some of the biggest drivers of competition around – Amazon, Facebook, Uber, Deliveroo – were mere glints in their aspirational founders’ eyes just a generation ago.
 
So it seems to me that competition is alive and well.
 
However not everyone agrees.
 
Andrew Tyrie, the newish head of the UK’s Competition and Markets Authority (CMA), says that the market share of Britain’s largest 100 companies has increased from 21% to 28% over the past 20 years.
 
Tyrie also points to the proliferation of practices such as penalties for loyal customers in financial services, telecoms, and insurance as inherently anticompetitive.
 
The government seems to agree, as Business Secretary Andrea Leadsom and now ex-Chancellor Sajid Javid ordered Tyrie’s body to conduct an annual review into the effectiveness of competition in the UK, and to provide evidence where it’s failing.

Hitting the anti-competitive jackpot

This could potentially cause a problem for more than any anti-competitive companies who’ve been pursing their hands and snickering over the outlandish profits they’ve been making by ripping off consumers.
 
And that’s the investors who own them!
 
I said early on, we all love competition. Ultimately even equity investors need the forces of competition and disruption to keep capitalism on its toes and our businesses striving.
 
But when it comes to the individual stocks we own, well, for as long as it lasts there’s nothing like owning a profitable monopoly…
 
If you have a company that can hike prices and continue to sell even more of its goods or services without fear of a competitor stealing its business, you’re sitting on a gold mine.
 
So an investigation into competition could be the stuff of investors’ nightmares.
 
Indeed I’ve heard some comments to that effect already. Could today’s more populist politicians be ready to slay a few golden geese?

Competitive to the bone

I have my doubts.
 
Firstly, as I said I’m not convinced there’s a lack of competition in the UK.
 
Partly this is an ‘eye of the beholder’ issue. You or Andrew Tyrie might see special offers reserved for new customers or sneaky unexpected charges as signals that an anti-competitive bully is exploiting its poor benighted customers.
 
But while that does happen, I usually see rather a company with little pricing power trying to make up for its weak profits some other way.
 
It might not be pretty, but it may reflect great competition, rather than none.
 
These companies can’t straightforwardly raise prices, because the competition is too strong to allow it. The alternative ways they find to bring in revenue aren’t the icing on an anti-competitive cake – in this cutthroat world they are the cake!
 
Banks are a good example. We have free banking in the UK and it’s now trivial to switch. At the same time low rates and greater regulation have crushed the returns from traditional banking – and there are a host of unprofitable fintech start-ups backed by VCs who don’t need to see a return today nibbling away at their customer bases.

So sure, banks might be tactical about which customers they offer better rates to. But that’s because they’re in a position of weakness, I’d argue, rather than strength.
 
Or consider the trains. Many would argue high ticket prices shows they’re exploiting an anti-competitive market position.
 
But do the long-term profits of their owners? Hardly.

Moat or monopoly?

Where things get even more interesting is with Internet platforms like Rightmove, Hargreaves Lansdown, or Auto Trader.
 
It seems clear network effects are seemingly locking some of these into dominant positions. Scale enables extremely cost-effective returns on investment and high margins due to the trivial cost of servicing new customers. These businesses are now very difficult to compete with.
 
But are they really anti-competitive predators? Or have they earned their position by seeing an opportunity, investing to capture it, and developing what Warren Buffett calls an economic moat?
 
Before you answer that, consider too that while these companies may look unassailable, that’s seldom proved to be true in previous instances.
 
Think about the UK supermarket sector. A decade or so ago the giant grocers appeared to own their consumers, due to few available sites for rival stores and tremendous buying power enabling them to squeeze suppliers.
 
A company such as Tesco would have topped many people’s lists of firms to be worried about competition-wise in the early 2000s. Yet since then its shares have cratered, due to incursions from leaner outfits Aldi and Lidl at one end, and Internet retail stealing sales of juicy fodder such as flatscreen TVs and clothing at the other.
 
Tesco has regained its footing, but nobody would call it invulnerable to competition.
 
I suspect that will prove true of all but a few minor instances investigated by the CMA.

Should you invest, the value of your investment may rise or fall and your capital is at risk. Before investing, your individual circumstances should be assessed. Consider taking independent financial advice.

John Mackey, CEO of Whole Foods Market, an Amazon subsidiary, is a member of The Motley Fool’s board of directors. Randi Zuckerberg, a former director of market development and spokeswoman for Facebook and sister to its CEO, Mark Zuckerberg, is a member of The Motley Fool's board of directors. The Motley Fool UK has recommended Auto Trader, Hargreaves Lansdown, Rightmove and Tesco. Owain Bennallack owns shares in Amazon.

More on Investing Articles

Young Black man sat in front of laptop while wearing headphones
Investing Articles

Investing just £10 a day in UK stocks could bag me a passive income stream of £267 a week!

This Fool explains how investing in UK stocks rather than buying a couple of takeaway coffees a day could help…

Read more »

Investing Articles

A cheap stock to consider buying as the FTSE 100 hits all-time highs

Roland Head explains why the FTSE 100 probably isn’t expensive and highlights a cheap dividend share to consider buying today.

Read more »

Investing Articles

If I were retiring tomorrow, I’d snap up these 3 passive income stocks!

Our writer was recently asked which passive income stocks she’d be happy to buy if she were to retire tomorrow.…

Read more »

Investing Articles

As the FTSE 100 hits an all-time high, are the days of cheap shares coming to an end?

The signs suggest that confidence and optimism are finally getting the FTSE 100 back on track, as the index hits…

Read more »

Investing Articles

Which FTSE 100 stocks could benefit after the UK’s premier index reaches all-time highs?

As the FTSE 100 hit all-time highs yesterday, our writer details which stocks could be primed to climb upwards.

Read more »

Investing Articles

Down massively in 2024 so far, is there worse to come for Tesla stock?

Tesla stock has been been stuck in reverse gear. Will the latest earnings announcement see the share price continue to…

Read more »

Young Caucasian woman with pink her studying from her laptop screen
Dividend Shares

These 2 dividend stocks are getting way too cheap

Jon Smith looks at different financial metrics to prove that some dividend stocks are undervalued at the moment and could…

Read more »

Investing Articles

Is the JD Sports share price set to explode?

Christopher Ruane considers why the JD Sports share price has done little over the past five years, even though sales…

Read more »