In
the February 13th edition of the Wall Street Journal, Professor
Thomas W. Hazlett offers a breathless endorsement of market concentration with
the TMobile acquisition of Sprint his go to example. See https://www.wsj.com/articles/t-mobile-proves-that-mergers-can-benefit-consumers-8fab2890. Apparently, mergers and acquisitions benefit
consumers, because they enhance competition and generate all sorts of positive
outcomes that could not possibly have occurred, but for the reduction in the
number of industry players.
Professor
Hazlett has cherry picked statistics to create the false impression that
mergers are the primary trigger for all events enhancing consumer welfare. Conveniently, he ignores the benefits
accruing from technological innovation, maturing markets, and the likelihood
that just about all of his evidence would have occurred even if TMobile had not
acquired Sprint.
Do not be
fooled into suspending disbelief and ignoring common sense. Companies merge, because senior management
believes industrial consolidation will enhance shareholder value, generate
bonuses, and make it less essential to work sleepless afternoons, reduce
operating margins, and enhance the value proposition of the goods and service
offered.
Here’s a
reality check: consider whether and how TMobile continues to serve as the wireless
marketplace maverick keen on innovating and distinguishing itself from the
clueless market leaders AT&T and Verizon.
The judge approving the $26.5 billion acquisition of Sprint shared
Professor Hazlett’s enthusiasm that a bolstered TMobile would have even greater
capabilities and incentives to acquire market share and trounce the bigger
incumbents:
[I]t
is highly unlikely that New TMobile executives, upon the company being
reinforced nearer in size and resources
to AT&T and Verizon, would do a commercial about-face and instead pursue
anticompetitive strategies. State of New York et al v. Deutsche Telekom AG et
al, No. 1:2019cv05434 - Document 409 at 160-61 (S.D.N.Y. 2020). available at: https://cases.justia.com/federal/district-courts/new-york/nysdce/1:2019cv05434/517350/409/0.pdf?ts=1581513636
… [T]estimony and documentary evidence revealed . . . a company reinforced with
a massive infusion of spectrum, capacity, capital, and other resources, and
chomping to take on its new market peers and rivals in head-on competition. Id.
at 161
Do you
consider TMobile as operating with the competitive zeal anticipated by an
approving court and attributed by Professor Hazlett? Put another way, post-merger, what has
TMobile offered to distinguish itself as the better of three options?
TMobile has
relaxed its maverick, competitive muscles making it possible for all three
gigantic carriers to raise rates, well above the general inflation level.
TMobile matches, and in some instances, exceeds comparable options from
AT&T and Verizon. https://www.lightreading.com/5g/t-mobile-s-premium-pricing-passes-at-t-verizon; https://ktla.com/news/money-smart/t-mobile-planning-to-move-customers-on-older-phone-plans-to-newer-ones/; https://www.cnn.com/2023/03/06/tech/verizon-plan-price-increase/index.html. The
three carriers have nearly identical rates and differentiate primarily on what
“free” video streaming service they bundle and how clever they can confuse
consumers into assuming “on us” means a free handset.
There’s an
inconvenient fact that U.S. wireless subscribers pay some of the highest rates
globally. See, e.g., https://communitytechnetwork.org/blog/why-is-the-internet-more-expensive-in-the-usa-than-in-other-countries/; https://kushnickbruce.medium.com/at-ts-wireless-profits-are-outrageous-at-t-s-5g-wireless-prepaid-prices-are-obscene-compared-dc15c57926f; https://themarkup.org/2020/09/03/cost-speed-of-mobile-data-by-country; https://www.quora.com/Why-are-phone-plans-in-the-US-so-expensive-compared-to-other-countries-not-hate/.
Statistics
do show a long-term reduction in cost based on increasing minutes of use and
data consumption, i.e., the per voice minute or per megabyte of data price has
dropped precipitously. As markets evolve and carriers accrue greater
economies of scale, prices should decline. However, the rate of
decline in the U.S. pales in comparison to that occurring just about everywhere
else.
Recently, all
three U.S. wireless carriers have raised, not further reduced
rates. See, e.g., https://www.cnn.com/2023/03/06/tech/verizon-plan-price-increase/index.html. TMobile triggered major pushback when it sought to eliminate
service tiers and force an “upgrade” to something significantly more expensive.
https://www.fiercewireless.com/wireless/t-mobile-will-migrate-customers-higher-cost-plans.
I can find
nothing about the T-Mobile acquisition of Sprint proving how mergers can
benefit consumers.
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