Antitrust law
How to assess market power in fragmented industries where coalition forming and coordination risks may still emerge among firms.
This article examines practical, evergreen methods to judge market power in fragmented sectors, where independent firms might collaborate informally, complicating traditional analyses and requiring nuanced, risk-aware approaches.
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Published by Henry Baker
July 21, 2025 - 3 min Read
Market power in fragmented industries does not hinge on single firms wielding extraordinary scale alone. Instead, scholars and regulators look for patterns of influence across multiple participants that could enable coordinated behavior, even without formal mergers. The challenge lies in distinguishing legitimate competitive advantages, such as superior efficiency or product differentiation, from psychological or strategic signals that hint at tacit agreement. Analysts thus examine price dispersion, entry and exit barriers, and the speed with which rivals respond to advertised policies. By mapping how often prices align, deviate, or adjust during emphasis shifts, one can gauge whether coordination risks are rising, despite a dispersed field of players.
To operationalize market power in fragmented markets, analysts deploy a combination of empirical evidence and legal reasoning. They gather data on pricing movements, customer switching patterns, and the frequency of price changes across firms within the same industry. They also study capacity utilization, product standardization, and the availability of alternative suppliers. A crucial step is to assess whether market participants have the motive, means, and opportunity to coordinate, including the presence of informal coalitions or shared information channels. When indicators point toward possible coordination without overt collaboration, regulators may scrutinize conduct that could enable collective action and reduce competition without the need for explicit collusion.
Fragmentation complicates the task but also clarifies patterns of power when observed over time.
In fragmented sectors, market power often emerges through subtle mechanisms rather than dramatic shifts. Firms may influence market outcomes by shaping consumer expectations, controlling access to essential inputs, or coordinating through industry associations that, while legitimate, can become forums for tacit agreements. Analysts examine whether a firm’s behavior consistently pushes market outcomes toward stable prices or slower innovation, even in the presence of multiple competitors. They also consider how durable the patterns are, whether competitors imitate successful strategies, and whether entrants face disproportionately high costs that deter new rivals. A nuanced reading avoids assuming coordination without corroborating signals.
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Another axis is the responsiveness of rival firms to each other’s strategic moves. If a pattern emerges where price or feature changes consistently follow a lead firm with little deviation, it may signal coordination risks rather than independent optimization. Researchers compare responses across both dynamic and static scenarios, such as periods of high demand, regulatory shifts, or sudden shocks to supply chains. It is essential to distinguish legitimate strategic alignment—like common standards or joint investment in infrastructure—from covert arrangements that suppress competition. In-depth case studies and time-series analyses help uncover these distinctions with greater confidence.
In-depth analysis requires time, data rigor, and careful judgment about context.
A practical framework begins with defining the relevant market and the range of credible substitutes. In fragmented industries, this definition determines whether small, independent firms collectively hold significant influence. Analysts then assess concentration measures over time, recognizing that even dispersed sectors may exhibit pockets of high influence, especially where key inputs or distribution channels are controlled by a few players. The next step is to map how prices move relative to each other across firms and whether deviations cluster around particular events. Persistent alignment during normal business cycles raises flags about potential coordination, even without formal agreements.
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The risk assessment must extend beyond price metrics to include behavioral cues. Firms that frequently adjust offerings in lockstep with competitors, or that display unusual uniformity in marketing campaigns, may be signaling tacit coordination. Regulators also examine information-sharing practices, including confidential bargaining or nonpublic channels enabling synchronized behavior. In fragmentation, parties often rely on reputation and market expectations; thus, the absence of aggressive price competition can reflect either sustainable competitive strategy or strategic restraint. A careful, evidence-based approach helps distinguish legitimate cooperation from anti-competitive alignments that warrant intervention.
Observation of patterns across time reveals underlying competitive structure.
Market power in fragmented industries benefits from a layered analytical approach that combines economics with governance perspectives. Analysts begin with structural indicators, such as the distribution of market shares, barriers to entry, and the heterogeneity of products. They then layer in dynamics, including how quickly incumbents adjust to new information and how contested the space remains for potential entrants. Because coordination can arise in small, informal groups, researchers broaden their focus to include industry norms, information exchange practices, and the frequency of collaborative activities that are not overtly illegal. This holistic view helps identify subtle but meaningful power imbalances that impact competition.
A robust assessment also requires attention to temporal dynamics and shocks. Economic cycles, regulatory changes, or sudden technological innovations can alter the balance of power in fragmented markets. When volatility increases, opportunities for tacit coordination may become more attractive, particularly if firms notice predictable responses to certain stimuli. Regulators watch for convergence in pricing strategies following policy announcements or changes in cost structures. By analyzing how participants adapt under stress, analysts glean whether observed patterns reflect resilience and healthy competition or creeping coordination that reduces welfare.
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Synthesis and prudence guide governance beyond mechanical tests.
A practical tool in fragmented markets is the use of market simulations and counterfactuals. By constructing scenarios where a subset of firms act independently versus in a coordinated fashion, researchers can observe differences in prices, quality, and innovation. These simulations are grounded in real-world data and tested against historical episodes of disruption. They help clarify whether current patterns would persist under competitive pressures or would degrade under coordination. The insights guide regulators in prioritizing investigations and tailoring interventions to preserve dynamic competition, particularly where rapid changes could disproportionately harm consumers.
Additionally, regulatory assessments increasingly rely on forward-looking indicators, such as potential investment in new capacity, entry timing by potential rivals, and changes in consumer demand. If the market signals that entrants can scale quickly and compete vigorously, the power of incumbent coalitions may remain constrained. Conversely, if barriers to entry strengthen or information flows become concentrated, even a fragmented industry can exhibit durable influence over prices and terms. Forward-looking analysis thus complements historical data to form a balanced view of market power risks.
The final step is translating analysis into evidence-based governance, where decisions balance preserving innovation with preventing harm. In fragmented industries, authorities emphasize transparency, clear rules on information exchange, and monitoring mechanisms that detect shifts toward coordination. They may also encourage structural remedies or behavioral interventions tailored to the sector’s nuances. Importantly, assessments must remain proportionate, avoiding overreach that stifles legitimate competition or investment. By combining market definitions, dynamic indicators, and context-rich judgments, regulators can craft responses that deter coordination while fostering healthy rivalry among numerous firms.
Ongoing evaluation is essential as markets evolve. Continuous data collection, periodic reviews, and stakeholder engagement help ensure that regulatory frameworks stay relevant to fragmentation’s realities. When coalition risks surface, targeted enforcement, graduated remedies, and public communication strategies can mitigate potential harms without chilling legitimate competition. The evergreen objective is to preserve price discipline, innovation, and consumer choice in sectors where many players contribute to a complex, dynamic ecosystem. Through disciplined scrutiny, authorities can manage market power responsibly, even when coalitions form informally.
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