Louis Silvia

Economics has reshaped antitrust enforcement over the last quarter century. Its impact has been most dramatic in merger analysis, with the shift toward unilateral effects theories and away from market concentration-related theories of collusion. Progress on both the theoretical and empirical fronts has also changed enforcement priors and competitive analyses concerning vertical restraints and monopolization. Economists also have made valuable assessments of the effectiveness of antitrust enforcement, though more work in this area is needed.

This paper considers a previously unexamined increase in excise taxes on gasoline and diesel fuel that were part of Washington State’s Nickel Funding Package of 2003. We fail to reject full pass-through of the amount of the tax increase to retail prices in both products. We find no significant sensitivity of retail pass-through to station locations relative to state borders or to retail competitive conditions as measured by local station density. The expansion of hypermarkets in Washington State during the period was a confounding factor in estimating tax pass-through effects.

Sunoco’s 2004 acquisition of El Paso’s, New Jersey refinery and Valero’s 2005 acquisition of Premcor’s Delaware refinery significantly consolidated refinery control in the US Northeast. The Federal Trade Commission investigated both transactions but challenged neither. We examine the FTC’s enforcement rationale and test whether these mergers were associated with post-merger price increases in either gasoline or diesel at retail and wholesale. Our findings indicate that the transactions were largely competitively neutral. There was some indication that some unbranded rack prices may have increased after the mergers, but this result was not robust across controls or assumptions. In some other instances, prices in merger-affected areas may have fallen relative to prices elsewhere.