wart The Kentucky Milk Case
Many products and services are purchased by governments, cites, states, and bust
nesses on the basis of scaled bids, and contracts are awarded tothe lowest bidders. This
process works extremely well in competitive markets, but it has the potential o increase the
‘cost of purchasing ifthe markets are noncompetitive oF if collusive practioss are present
‘An investigation that begun witha statistical anal
{sof bis inthe Florida schoo! milk markt led
lo the recovery of more than $35:000/100 from
daiies that had conspired to rg the bids there
‘The imestigation spread quickly 10 other states
and (o dale, solements and Snes from dairies
‘xeved $100100,000 for schoa ml: Narain
20 other states This care conceens a school mie
birgging investigation in Kentucky.
Fach year, the Commonvialth of Kentucky
invites Sis fom dacs to supply hall-pint
containers of id ik products for its schoo!
“stile The products include whole White ml,
low-fat white mil, and low-fat chocolate milk
In 13 school disses in northern Kency, the
Sipps (dies) were ces of prce-tns"
that i conspiring to allocate the dstrcts 50 that
the winner” was predetermined. Because these
distits are foeated ia Noone, Campbell, and
Kenton counties the geographic market hey ep-
resent is designated ay the "it-county” markel
‘Over a Oyear period, two dates Mayer Daly
and Trauth Dalry—were the only bidders on the
milk contacts the schoo distri inthe t
county market. Comseguently hese two comps
ise were swarded al the milk contacts ia to
market. (Un contrast, a large number of diferent
‘dies won the milk contacs forthe school dis
trots inthe remainder ofthe northern Kentcky
tmarketcalled the “surrounding” market) The
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‘Commoawcalth of Kentucky lleged that Meyer
‘and Trauth conspired to allocate the districts in
the tr-eounty marke To dale, one of the dai:
fs (Majer) hat admitted gull, while the other
(Traut) stcactasly maintains is innocence
“The Commonwealth of Kentucky maintains
database on all bids received from the dalle,
Competing for the mik contracts Some of thes:
‘ata ave Been mide availabe to you Io analyze
Setermine whether there is empirial evidence of
bi collusion in the tcounty market. The data,
saved in the MILK file are described in detail be
Tow. Some background information onthe data and
Important economic theory feparding bid collusion
jako. provided. Use thi information to side
Your analysis Prepare a professional document that
presens the resuls of your analysis and gives your
Spinion regarding eollvson.
Background Information
CCollusive Market Environment
Certain economic features of a market create an
fnvironment in which collusion may. be found
These hase Features inlide the following
1 Few sellers an hgh concenaton. Ona tw dai
fer con all or ner alo he alk buses i
2 Homogeneous produc The products sod arse
‘cata the sane fon the std the bayer
(Ge. tne schoo dtc.
Ileal demand Dectnd is rativly isesive
to pac. (Now: Tho quantity oF alk oquied by
‘schol dint spy dated y shot
lle, ot piss)
4 similar cous. The dies bide for the ak
earacts ace siaular cost consens. (Nok:
“Approximately 6% of a dairy’ prectom eat
Nm, which is edoraly regulated. Mayer and
“Th ae dare of sina si, soa bh Bought
hiram rom he same sper)
Although these market structure characterises
reas an environment that makes callsive be
havior easier. they do not necessarily indicate the
texbtenae of collusion, An analysis ofthe actual ba
friscs may provide addtional information aout
the degree of competition inthe marketWro ptlon
‘ON ‘Year n which milk contract awarded
MARKET = QL. [Nerthem Kentucky Market (TRICOUNTY or SURROUND)
WINNER o. Nam of winning dary
wen on Winning bi price of whole white milk (doles par ali)
wwory on (Quantity of whol whe mik purchased (number of hal-pns)
Lewin on Winning bid price of low-fat white mil (dollars per hat pints)
lewary on (Quantity of low-fat white milk purchased (numbor of hal-pnts)
LFcao on Winning bi price of low-fat choclate mik (dots par ha ie)
u-cary on (Quantity of low-fat chocolate mik purchased (number of hal-pints)
DIsTRICT aL. School district umber
KvFMO on FRO minimum raw cost of mik (dollars par hat pet)
MILESM on Distance (miles) from Meyer processing plant to school district
MULEST an Distance (mies) fom Tauth processing plant to school district
LEDATE OL. Date on which bidding on mik contract began (monttveay/yeat)
(Sumter oeeaone 52) rm seums,
‘Collusive Bidding Pattomns 4. Price vers convdstance. ta comptiine markets
‘The analyses of patterns in sealed bids reveal
‘much about the level of competition, or lack
thereof, among the vendors serving the markt
‘Consider the following bid analyses
1. Marker shares. A macket share fe a daisy isthe
‘number of mak hal pits supped by the dairy
fer 2 given school year divided by the total
‘numer of hall-pints supplied t the entire mar
eet One sgn of poteatil collie behavior is
Sale, samy equal market sharos ever time for
the dais under investigation.
“ncumency rates Market allocation seo
{orm of collusive behavior in bidriggingconspira-
ces Typically the same dairy controls the same
choo! dstits year atts your The incumbeney
"ate fora markt ina given schoo years dotnod
{5 the percentage of schoo istics that are won
by the same vendor who won the previous yest
‘An incombency rate tat exceeds 70% has been
considered a sign of collusive behavior.
4 id evetsand sport. ta somite sal id
‘markets vendors do aol share information about
thie bide Coasequaty, more dispersion of ati
ahlityamong the ide is observed than in coli
‘markets where venders communica shout their
bids and have a tendency to submit bids in lose
prcsimiy to one another ia a attempt to make
the bidding appear competitive. Furthermore, in
‘omptitive markts th Bid dspersion tends to be
lwctly proportional he level ofthe bid: When
bide are subastied at elatively high Levels there
{s more vay among the Dis than when they
are submit at or acaF marginal cos. which wil
bbe approxumatoly the same among dies ia the
same pogeaphie mart
id peices are expected to tack costs overtime
“Ts i he markt i competitive, the hid price
‘of mi should Ne highly corel! with the rae
trl cost. Lack of sch 8 relationship another
‘Spa of colltsion similar, bid prise should be
‘orld 0 the cstance tho pret mus vol
from the processing plant to the school (due to
alivery cots) ina competitive market,
|S ud sequence. School milk bids are submitted
‘over the spring and summer months. generally
At the endo one schoot year und before the
hogianiag of the next When the Bids are examn-
ned in soquonce ia competitive markets the
Jovel of bidding is expected to fall a the bide
ding season progresses. (This phenomenon is
altsbutable tothe learning process that occurs
‘ring the season, with Dis adjusiod accord
{ingly Dairios may submit rolatively high bids
‘early ia tho seasoa to “test the market,” coat
‘dent that volume can be picked up later i he
‘arly heh bids lose. But, dries who do not win
‘uch business early in the season av likely to
hecome moee aggresive i theie Bidding as the
‘season progresses, driving price levels down.)
‘Constant or sihily increasing price patterns of
sequential bids ia a market where a sagle dairy
‘wins year alter year is considered another ind
‘cation of collusive behavior
6 Comparson of averige winning bud. prces
‘Consider two simular markets One in which bide
ae possbly aged andthe other ia which Bids
‘are competitively determined. In theory, the
‘ean wing price i the “gz mrt will
‘be signiicanly higher than the mean pice in the
‘competitive markt for each your a which colle
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