It may be illegal for institutional investors to buy-and-hold large equity stakes in a less competitive industry with high market concentration.

Olivia London

2017-11-27 07:39:00 Mon ET

Is it anti-competitive and illegal for passive indexers and mutual funds to place large stock bets in specific industries with high market concentration? Harvard law professor Einer Elhauge suggests that it is illegal for a passive institutional investor to buy-and-hold large equity stakes in a less competitive industry with high concentration, such as the U.S. airlines industry with 4 or fewer key players. In contrast, passive indexers would be safe from antitrust concerns if most other institutional investors stop buying multiple public companies in a specific sector with high market concentration.

The basic rationale relates to the fact that if institutional investors such as index funds and mutual funds hold shares of multiple companies in a specific industry, these oligopolistic firms would tend to compete less vigorously with one another. When senior executives make business decisions in the best interests of their institutional investors, this logic suggests less fierce product market competition and greater price discrimination for consumers in addition to the private benefits of portfolio diversification. The net result would be more stable share prices and more favorable rents and returns to these passive indexers and mutual funds.

Although key critics may disagree with this novel thesis, it is quite controversial to judge whether it is legal for institutional investors to retain major equity stakes in oligopolistic firms in a given industry with high market concentration.

 


If any of our AYA Analytica financial health memos (FHM), blog posts, ebooks, newsletters, and notifications etc, or any other form of online content curation, involves potential copyright concerns, please feel free to contact us at service@ayafintech.network so that we can remove relevant content in response to any such request within a reasonable time frame.

Blog+More

Fundamental value investors find it more difficult to ferret out individual stocks.

James Campbell

2017-06-03 05:35:00 Saturday ET

Fundamental value investors find it more difficult to ferret out individual stocks.

Fundamental value investors, who intend to manage their stock portfolios like Warren Buffett and Peter Lynch, now find it more difficult to ferret out indiv

+See More

Facebook introduces a new cryptocurrency Libra as a fresh medium of exchange for e-commerce.

Dan Rochefort

2019-07-21 09:37:00 Sunday ET

Facebook introduces a new cryptocurrency Libra as a fresh medium of exchange for e-commerce.

Facebook introduces a new cryptocurrency Libra as a fresh medium of exchange for e-commerce. Libra will be available to all the 2 billion active users on Fa

+See More

Daniel Goleman explains why working with emotional intelligence helps hone our social skills for smarter, better, and more effective leaders, teams, and organizations in modern life, business, innovation, and entrepreneurship.

Fiona Sydney

2025-07-05 11:23:00 Saturday ET

Daniel Goleman explains why working with emotional intelligence helps hone our social skills for smarter, better, and more effective leaders, teams, and organizations in modern life, business, innovation, and entrepreneurship.

Former New York Times science author and Harvard psychologist Daniel Goleman explains why working with emotional intelligence helps hone our social skills f

+See More

A brief biography of Andy Yeh

Andy Yeh Alpha

2020-11-22 11:30:00 Sunday ET

A brief biography of Andy Yeh

A brief biography of Andy Yeh Andy Yeh is responsible for ensuring maximum sustainable member growth within the Andy Yeh Alpha (AYA) fintech network pla

+See More

Mike Pompeo switches his critical role from CIA Director to State Secretary in a secret visit to North Korea.

Peter Prince

2018-04-13 14:42:00 Friday ET

Mike Pompeo switches his critical role from CIA Director to State Secretary in a secret visit to North Korea.

Mike Pompeo switches his critical role from CIA Director to State Secretary in a secret visit to North Korea with no regime change as the North Korean dicta

+See More

America and China cannot decouple decades of long-term collaboration in trade, finance, and technology.

Becky Berkman

2019-12-16 11:37:00 Monday ET

America and China cannot decouple decades of long-term collaboration in trade, finance, and technology.

America and China cannot decouple decades of long-term collaboration in trade, finance, and technology. In recent times, some economists claim that China ma

+See More