Manufacturing and Distribution Strategies, Distribution Channels, and Transaction Costs: The Case of Parallel Imports in Automobiles
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Manufacturing and Distribution Strategies, Distribution Channels, and Transaction Costs: The Case of Parallel Imports in Automobiles* Godfrey Yeung* and Vincent Mok** We apply transaction cost economics to examine the roles of transnational corporations’ (TNCs) manufacturing and marketing strategies and how constraints on official distribution channels, the asset specificity and bounded rational behavior of franchise dealers and parallel traders could contribute to the sustainability of parallel imports in automobiles. TNCs’ manufacturing and distribution strategies partly contribute to the existence of regional differences in the pricing and availability of specific models and specifications of vehicles. These necessary conditions allow opportunistic parallel traders to engage in arbitrage. In addition, the asset specificity of franchise dealers, the bounded rationality, and the opportunism of dealers and arbitrageurs, contribute to the existence and sustainability of parallel imports. Franchise dealers are unable to respond to the market demand as they are “locked-in” with specific manufacturers (due to the non-deployable nature of their assets) and have to implement the official distribution strategies of manufacturers by stocking certain models and specifications of vehicles at pre-determined volumes every year. Instead of letting their capital be tied-up in stocks, rationally bounded and profit-oriented dealers are willing to risk the possible sanctions of manufacturers to offload their surplus stocks to opportunistic parallel traders directly or indirectly. Keywords: Parallel imports, manufacturing and distribution strategies, distribution channels, transaction costs, and automobiles Introduction The parallel distribution of genuine brand name products by unauthorized distributors is a well- known phenomenon in the globalized world. For instance, it is estimated that 38 percent of iPhones designated for the United States (US) and European markets in 2007 were resold in other markets where the phone has yet to be launched officially by Apple (International Herald Tribune, 18 February 2008). Parallel imports exist when an unauthorized distributor procures genuine brand name products from an authorized distributor and then resells them to customers in a second market without the permission of the owner of their intellectual property rights (copyright, patent, or trademark) for that market. In other words, parallel traders engage in “parallel importation” or “parallel distribution channels” and compete directly with the product‟s authorized distribution channels in the second market (Duhan and Sheffet, 1988:76; Weigand, 1991:53; Yang, Ahmadi, and Monroe, 1998:433).1 *PhD, Department of Geography, National University of Singapore, Singapore 117570, Email: geoykyg@nus.edu.sg **PhD, School of Accounting and Finance, Hong Kong Polytechnic University, Hong Kong, Email: afvmok@polyu.edu.hk * The authors would like to express their gratitude to the anonymous traders and people who facilitated and participated in their surveys. The Hong Kong Polytechnic University financed the authors‟ field surveys between 2006 and 2009 (Research Project Reference: GYG24). 1 Some authors, such as Li and Maskus (2006:443) and Maskus (2000:1269), have not made explicit distinctions between parallel imports and gray-market imports. Duhan and Sheffet (1988:76), Michael (1998:26-27), and Weigand (1989:20; 1991:53-55), however, have argued that the “gray market” is a broader term, which includes parallel imports and “re-imports” (products intended for foreign markets that are diverted back into home markets by unauthorized distributors). The re-importation of genuine products, in which the products may not physically leave the country of production, are gray imports rather than “true” parallel imports, as these imports compete with the products from authorized distribution channels rather than other authorized imports in home markets. See Michael (1998:26-27) and Weigand (1991:53-55) for further explanation of the various distribution channels in a gray market. 1
Given that parallel imports in automobiles account for a significant market share at 15-20 percent in the Hong Kong Special Administrative Region (hereinafter called Hong Kong) and Singapore, and 15-17 percent in the US and the United Kingdom (UK), global automobile giants and their franchise dealers are certainly aware of the existence of parallel imports (Bucklin, 1990; The Strait Times, 18 May 2007).2 Why do parallel imports persist when manufacturers have several tools at their disposal, including the imposition of fines upon recalcitrant dealers, to end this practice? There are limited previous studies on parallel imports in automobiles despite the automobile industry‟s importance in an economy. For an illustration, the automobile industry accounts for 6.2 percent of manufacturing employment (over 850,000 people), and 11 and 13 percent of all manufactured exports and imports, respectively, in the UK (Daily Telegraph, 5 December 2008). In contrast to the existing literature which has largely focused on the regional price differentiation as the necessary condition for parallel imports, this paper aims to investigate the roles of transnational corporations‟ (TNCs) manufacturing and marketing strategies in the parallel imports of passenger vehicles. We also examine how constraints on official distribution channels, the asset specificity and bounded rational behavior of franchise dealers and parallel traders could contribute to the sustainability of parallel imports in automobiles. Passenger vehicles include cars, sport utility vehicles, multi-purpose vehicles, and mini-vans. In addition to the primary and secondary evidence collected in Hong Kong and Singapore, two regions which have the most liberal laws regulating the existence of parallel imports in automobiles, we shall use examples of other major automobile markets in North America and Europe for illustration in this paper. Regional price differentiation is commonly used by economists to explain the existence of parallel imports (Ahmadi and Yang, 2000; Dutta, Bergen and John, 1994; Gallini and Hollis, 1999; Hur and Riyanto, 2006; Malueg and Schwartz, 1994; Maskus, 2000; Maskus and Chen, 2004; Richardson, 2002). Arbitrage can occur when the differences in prices between different markets, including differences due to volume discounts and market “presence” policies implemented by manufacturers and substantial fluctuations in exchange rates, are greater than the transaction costs when engaging in parallel imports of the same product, or when efforts are made to offset supply shortages in regions below the prevailing market price (Cavusgil and Sikora, 1988:75-77). This also explains why most, if not all, literature on parallel imports focuses on homogeneous products such as pharmaceuticals (see Ganslandt and Maskus, 2004; Kanavos and Costa-Font, 2005; Szymanski and Valletti, 2005). This simplistic assumption is certainly not applicable for heterogeneous products like automobiles. To cover the high costs of product development and the setting up of production facilities to cater to local demands, many global automobile giants‟ manufacturing strategy is to assemble vehicles at scale economies and offload them to their franchise dealers. To keep agency problems with their franchise dealers in check, manufacturers implement the market-division strategy and the associated penalty system. TNCs‟ manufacturing and distribution strategies partly contribute to the existence of regional differences in the pricing and availability of specific models and specifications of vehicles. These necessary conditions allow opportunistic parallel traders to engage in arbitrage. In addition, the asset specificity of franchise dealers, bounded rationality, and the opportunism of dealers and arbitrageurs all contribute to the existence and sustainability of parallel imports. Franchise dealers are unable to respond to the market demand as they are “locked-in” with specific manufacturers (due to the non-deployable nature of their assets) and have to implement the official distribution strategies of manufacturers by stocking certain models and specifications of vehicles at pre-determined volumes every year. Instead of letting their capital be tied-up in stocks, rationally bounded and profit-oriented dealers are willing to risk the sanctions of manufacturers to offload their surplus stocks to opportunistic parallel traders directly or indirectly. 2 It has been established that there are approximately 200 parallel importers in Singapore (The Strait Times, 18 May 2007). The market share of parallel imported vehicles in the UK is a rough estimate based on 400,000 “gray” Japanese import cars and 2.3 million new cars registered in the UK in 2006 (Auto Industry News, 30 October 2006a-b). 2
Parallel imports in automobiles involve proprietary information that is well guarded by manufacturers, their franchise dealers, and parallel importers alike. In addition, data on parallel trade are notoriously difficult to come by because trade statistics do not distinguish between authorized and unauthorized intermediaries. In-depth interviews with the players involved in parallel imports could be a reliable way to collect the valuable information necessary to examine this current study‟s research objectives. Through personal networks, we conducted three rounds of field surveys in Hong Kong with franchise dealers and parallel importers in March 2006, December 2008, and January 2009 to ascertain how parallel imports could be sustained, and the potential policy implications of the market-division and other distributing policies on TNCs, franchise dealers, and parallel traders. All 10 interviewees have decade(s) of work experience as parallel importers and franchise dealers in Hong Kong. One of them is the founder of the most established parallel importer in Asia. The interviews were conducted in a semi-structured manner to facilitate conversational flow, with each interview lasting for at least an hour. The paper is organized as follows. In the next section, we review the mechanisms and debates on parallel imports. We then examine how the interaction between the manufacturing and distribution strategies of automobile manufacturers and price factors facilitate the existence of parallel imports. A detailed diagnosis of agency costs and their impacts on the sustainability of unofficial distribution networks in automobiles then follows. The concluding section points out the theoretical and policy implications of the research. Parallel imports: their mechanisms and debates Before we review the theoretical debates on parallel imports, it is essential to have an overview of the relevant regulations of parallel imports. According to the doctrine of national exhaustion, the right (trademark protections) of an intellectual property‟s owner to control distribution ends only upon the first sale within a country; therefore, the owner of such a right is allowed to exclude parallel imports from other countries.3 Countries with national exhaustion are segmented markets, as original manufacturers have complete authority to distribute goods and services directly or indirectly through authorized dealers. This is not the case with international exhaustion, where the right of the owner of the intellectual property to control distribution is exhausted upon the first sale anywhere; thus, parallel imports are allowed. 4 As there is no specific regulation on parallel imports under The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs) of the World Trade Organization (WTO), the specific regulation of parallel imports is up to the discretion of each member country (Hoekman and Mavroidis, 2003:15). In the case of regional exhaustion, where the right of the owner of the intellectual property to control distribution ends upon the original sale within a group of countries , such as the European Union (EU) (but not the first sale outside the region; hence, parallel imports outside the region are not allowed), parallel trade in the region is allowed (Maskus 2000; Maskus and Chen, 2004:551). Regional price differentiation and its potential limitations There are two major strands of research on parallel imports. The first strand focuses on the theoretical discussions of parallel imports, such as the works of Barfield and Groombridge (1998), 3 Three specific theories in trademark laws are used to explain the legality of the gray market. Under the theory of universality (trade identity), a trademark is an indication of a product‟s origin; thus, gray marketing is allowed. Under the theory of exhaustion, a trademark owner surrenders all rights after a product‟s first sale so there is no illegality in gray marketing activities. Under the theory of territoriality, a trademark is effective only in the registered country, so the gray marketing of this trademarked product could be legal in non-registered countries (Clarke III and Owens, 2000:274; Duhan and Sheffet, 1988:78). 4 There is no trademark infringement if the parallel traded goods are not “materially different” from authentic goods authorized for sale in the country. In May 1988, the US Supreme Court upheld the legality of gray market imports under Section 526 of the Tariff Act of 1930 (after the K-Mart vs. Cartier case). This specific law allows the importation of trademarked products as long as the trademarks are owned by the same entity, or the foreign trademark is applied under the authorization of the US owner (Cavusgil and Sikora, 1988:83-84. See also Clarke III and Owens, 2000:277-278; Duhan and Sheffet, 1988; NERA, 1999; Palia and Keown, 1991:48; Palmeter, 1988). 3
Gallini and Hollis (1999), Hur and Riyanto (2006), Li and Maskus (2006), Malueg and Schwartz (1994), and Maskus (2000), and so on. Game theory-based models, developed by Ahmadi and Yang (2000), Dutta, Bergen, and John (1994), Maskus and Chen (2004), Richardson (2002), and Yang, Ahmadi, and Monroe (1998), are the most important theoretical works on parallel imports. Dutta, Bergen, and John (1994:91) concluded that the optimal enforcement policy for manufacturers is to tolerate some level of parallel imports as this reduces the transaction costs of self-enforcing contracts with distributors. Ahmadi and Yang (2000) further argued that some manufacturers knowingly use parallel imports to increase their global market share in volume. 5 Other literature focuses on the impacts of parallel imports upon TNCs and their authorized dealers. The literature highlights a number of negative effects of parallel imports. TNCs‟ authorized dealers could end up competing with parallel traders, which may erode that brand‟s prestige. Moreover, parallel imports may strain the relationship between manufacturers and authorized dealers, partly because of the erosion of market share and profit margins, and partly because of the disruption of marketing strategies (Cavusgil and Sikora, 1988:76; Cespedes, Corey and Rangan, 1988:75-77; Palia and Keown, 1991). Another thread of argument proclaimed that the existence of parallel imports actually facilitates the penetration of the market by manufacturers because parallel imports help improve a brand‟s price competitiveness (Maskulka and Gulas, 1987; Michael, 1998; Weigand, 1989, 1991). Similar arguments are also outlined by Bucklin (1990, 1993). Bucklin (1993:401) argued that parallel imports could increase manufacturers‟ market share and profits so the state should not prohibit the occurrence of parallel imports. The existing literature largely uses regional price differentiation to explain the existence of parallel imports. This prevailing thought assumes homogenous products and geographical variation in the price elasticity of demand, and results in consumer surplus appropriation. Parallel traders can profit from arbitrage when the differences in price between different markets, including differences due to substantial fluctuations in exchange rates, are greater than the costs engaged in the parallel imports of the same product. 6 Regional price differentiation could also exist when an authorized distributor sells excessive stock to parallel marketers outside their designated territories to become eligible for a volume-discount pricing scheme or to meet sales quotas that are assigned by the manufacturer (Cavusgil and Sikora, 1988:75-77; Cespedes, Corey and Rangan, 1988:75- 77; Maskulka and Gulas, 1987). This also explains why most literature on parallel imports is focused on homogeneous products, especially pharmaceuticals. While the aforementioned literature provides valuable insights into the mechanism of parallel imports in general, it nonetheless failed to explain the existence of parallel imports in heterogeneous products satisfactorily, as the analytical framework of regional price differentiation may not be capable of explaining the impact of factors other than the recommended retail price (RRP) that contribute to the existence of parallel imports. Consumers‟ demand is a function of RRP and non-RRP factors, including the specifications and availability of certain models of products. The behavior of customers is thus monetarized and could be partially reflected in the price elasticity of different regional markets. This is especially the case of automobiles, as car purchasing could be an emotional decision for customers (Sandqvist, 1997). Transaction cost economics and agency costs Transaction cost economics (North 1990; Williamson 1979, 1989) could yield insights into the causes of parallel imports in automobiles. Transaction cost economics analyzes the contractual issues of a transaction that arise out of the existence of bounded rationality, the opportunism (the opportunistic or self-interested behavior) of agents, and asset specificity, the unique 5 However, the profitability of manufacturers may not increase as profitability depends on the sizes and profit margins of the market segment of parallel imports. Knox and Richardson (2002:137) argued that parallel imports are welfare enhancing for free- trading countries. 6 Another conventional explanation for parallel imports is based on the free-rider theory. It examines the issue from three perspectives: the availability of trademarked products in markets, the profit incentives attributed to price differences, and the low legal barriers to ship products from one place to another (Duhan and Sheffet, 1988). 4
character of a durable asset that may not be redeployed to alternative uses (Williamson 1979, 1989). Fama and Jensen (1983:302) argued that a firm is the nexus of written and unwritten contracts between property rights owners and the factors of production. These contracts specify the rights and obligations, appraisal criteria, and payoff (remuneration) functions of each agent in the organization, either in terms of fixed payoffs or incentive payoffs that are tied to specific performance benchmarks. Agency problems often arise because the preparation and enforcement of contracts involve agency costs, the costs of protection against opportunistic behavior of agents under the conditions of informational asymmetries and incompleteness (Jensen and Meckling, 1976:308-310). The imperfect enforceability of contractual agreements is a natural consequence of the opportunistic behavior of agents and the bounded rationality of decision makers (Williamson, 1989). Apart from involving the enforceability of contractual agreement, the high transaction costs associated with certain economic activities (which could represent as much as 35-40 percent of the costs of activities; see North, 1990) explain the existence of parallel trade, that is, parallel imports will not exist if the enforcement of contracts carries no cost. Agency problems obviously existed in the manufacturer-franchise dealer relationship as their agendas may not be always in harmony. The following sections examine how the interactions between manufacturers‟ manufacturing and distribution strategies, the asset specificity, bounded rationality, and opportunism of authorized dealers and parallel traders contribute to the sustainability of parallel imports. Integrated manufacturing and distribution strategies of global automobile giants This section examines how global automobile giants attempt to integrate official manufacturing and distribution strategies, which could consequently contribute to the existence of parallel imports in their products. Modular system manufacturing and product localization The global automobile industry is facing two major challenges: overcapacity and product localization. The industry has been suffering from an excessive production capacity of 40 percent as car factories are built according to marketing predictions, with a lead in investment decisions of one to two decades. To keep per unit production costs down and to cover the high costs of product development, automobile assemblers are under intense pressure to maximize economies of scale with their existing production lines, and this result in the production of cars close to manufacturing capacities. Manufacturers are desperate to shift as much stock as possible to keep their plants operating as closing them down is politically and economically costly. The mass production in forms of Fordism is intrinsically incompatible with a market where the customers are demanding less than homogeneous vehicles in terms of specifications. 5
Figure 1: Manufacturing and Distribution Strategies, Distribution Channels, Transaction Costs, and Parallel Imports in Automobiles Manufacturers OFFICIAL manufacturing strategies: Scale economy OFFICIAL distribution strategies: Modular systems & product Market-division with franchisees localization Integrated manufacturing & distribution strategies: Regional price discrimination Volume discount & market „presence‟ PRICE factors: AGENCY problems: RRP for homogeneous products: Asset specificity of dealers regional price differentiation Bounded rationality & Non-RRP for heterogeneous Opportunism of dealers & products: specification & model parallel traders availability UNOFFICIAL distribution OFFICIAL distribution channel via channel via parallel imports authorized dealers Authorized dealers Parallel traders Source: Authors To fulfill the market demand for heterogenized vehicles in terms of models and specifications , global automobile giants are increasingly tailoring their products for local markets through the application of modular systems in vehicle-assembling technologies (flexible specialization) (Figure 1). Product localization is illustrated by the case for passenger vehicles assembled for the Japanese Domestic Market (JDM). These JDM models are different from other mass-produced Japanese vehicles in two main aspects. First, JDM models are specially designed for a domestic (niche) market where Japanese automobile giants do not expect a mass market overseas. Typical examples include the first generation of petrol-electric hybrids, such as Toyota Prius and Honda Insight, which were originally designed for the stop-go traffic of Tokyo before being exported to target the trendy North American and European “green” markets. Second, JDM models are used to test consumers‟ responses in the ultra-competitive Japanese markets before their worldwide launches. Thus, they normally have higher specification levels, such as an Engine Control Unit (ECU) mapped for high-octane petrol (98 to 100-octane) commonly available in Japan (but which 6
may not be the case elsewhere), and luxury, state-of-the-art automated gadgets as standard equipment (Field survey, March 2006, December 2008). Manufacturing and “market-division” distribution strategies To recover their substantial investment in product localization, manufacturers normally implement certain forms of distribution strategies in various regional markets. The dealers in franchise networks can price the vehicles (in consultation with manufacturers) according to the local market‟s price elasticity. Dealers, however, normally have to stock certain models and specifications of vehicles determined by manufacturers. For instance, Asian dealers are only allowed to sell vehicles assembled in Asia, and this could lower the investment risks of manufacturers‟ assembled plants in the region. In order to deal with agency problems (especially free-rideable services provided by franchise dealers) and to maintain the distribution system in an orderly manner, automobile manufacturers normally implement the “market-division” marketing strategy by dividing the world into different regional markets, with each market monopolized by the corresponding exclusive franchise dealer (de facto regional monopoly) (see Antia and Frazier, 2001; Bergen, Heide and Dutta, 1998; Dutta, Bergen and John, 1994). Dealers normally have to sign contracts with manufacturers forbidding them to re-sell their allocated cars in other countries (Field survey, December 2008).7 Manufacturers also use other means of punishment, such as withholding (a part of) bonuses, delaying the delivery of newly launched models, cancelling volume discount pricing, and not supplying certain models (such as right-hand drive models with speedometers in miles/hour), to regulate the market-division strategy (Field survey, December 2008; see also Antia, Bergen and Dutta, 2004; Raff and Schmitt, 2005). This prevents inter-regional competition between different regional monopolies and maximizes the profits of each franchise dealer within its own designated market. In spite of all these restrictions, parallel imports in automobiles account for double-digit market shares in a number of major markets (Antia, Bergen and Dutta, 2004:68; Raff and Schmitt, 2005:2-3). The market-division distribution strategy is fundamentally ineffective because of its intrinsic contradiction with other official manufacturing systems implemented by manufacturers. Volume discount and market “presence” strategies The official manufacturing strategy of automobile giants implies market maximization for manufacturers as they have to shift as many cars as possible to recover high development costs. The resultant volume discount pricing and regional price discrimination lead to arbitrage and thus the existence of parallel imports in automobiles (Figure 1). To shift as many assembled cars as possible, manufacturers have pre-determined volume discount (per model) agreements with their franchise dealers worldwide; that is, dealers could receive bonuses or special discounts by ordering certain units per model per year. Some volume brand manufacturers also have special volume discount deals with vehicle fleet management companies (including car rental companies serving private individuals and servic e providers for company cars) partly to maintain their market “presence” (see below). For example, vehicle fleet management companies account for almost half of all new car registrations in the UK (SMMT, 2008). Obviously, a mismatch between the demand and supply in a particular model of car in certain markets could exist. A gray market for a product exists when a franchise dealer sells excessive stock to parallel traders outside their designated territories in order to become eligible for a volume-discount pricing scheme or to meet the sales quotas assigned by the manufacturer (Field survey, December 2008, January 2009; see also Antia, Bergen and Dutta, 2004; Maskulka and Gulas, 1987). In the UK, one major car supermarket was selling the Nissan Patrol 3.0 Di SE 7 The 1980 Interband Competition Act in the US allows American automobile assemblers to grant exclusive franchise rights to dealers in given locations. However, this law may not be enforceable outside of the US as no such law exists elsewhere (The New York Times, 26 January 2000). 7
automatic (a top specification model) at £19,999, a massive discount of almost 40 percent over the RRP (Telegraph Motoring, 17 February 2007). An oversupply of vehicles due to a “market presence” (a de facto form of market maximization) distribution strategy employed by some manufacturers could contribute to the opportunities of arbitrage by parallel importers. It is not uncommon for manufacturers to deliberately oversupply to certain regional markets in order to keep a presence there. For instance, Mercedes-Benz is known to systematically ship excessive stocks to Barbados so that their “presence” in the market is recognized. A number of these unsold cars are subsequently re-exported into the UK. Regional price discrimination Regional price discrimination could be a result of price reduction by manufacturers or differentiated pricing by manufacturers or dealers. For products with short lifecycles or those that require sale economies, sales teams are under constant pressure to sell off excessive stocks to distributors (including parallel traders) before the cost of the product is written off in the company balance sheets. This price reduction by manufacturers and the subsequent fire-sale by parallel importers further erode the price of the product. These may even lead to a vicious cycle in which the accumulation of excessive stocks prompts price discounts by the manufacturers, thus entailing further fire-sales by parallel importers. Regional price discrimination reflects the price elasticity of demand: dealers charge lower prices in price elastic markets and vice versa. The RRPs of automobiles are normally lower in Vancouver, Canada than in the US, and this contributes to the 200,000 parallel imported vehicles into the US (Automobile News, 4 March 2002:12). Parallel imports in automobiles are still common in the EU despite the comparable after-tax RRP. For instance, parallel traders “export” more than 25,000 automobiles a year from Belgium to other European countries even though there is no local automobile assembler (Weigand, 1991; Yang, Ahmadi and Monroe, 1998). Regional differentiation of vehicle availability The spatial differentiation of vehicle availability, especially on newly launched models and different vehicle specifications and models, is the major non-RRP factor that contributes to the parallel imports in automobiles (Figure 1). Despite all the hype surrounding globalization and the power of TNCs, bottlenecks in manufacturing and distribution systems are not uncommon. Parallel imports in automobiles could exist if there is a significant time lag in the launch of certain models or regional quotas in some markets. This market for parallel imported vehicles is highly dynamic as the (strong) demand only lasts for as long as the bottleneck in the distribution channel exists. For instance, customers in Hong Kong could buy the newly launched Toyota models (such as the Alphard and MkIII Previa MPVs) through parallel importers within 10 days after the first launch of such models in Japan, even faster than some dealers in Japan could get their stocks. Once the official dealer in Hong Kong is able to distribute the same model and specification of vehicles, the price premium demanded by parallel importers disappears. Parallel imports are a means for customers to overcome the constraints in distribution networks, specifically, the time lag in the launch of certain models in different markets. Under these circumstances, price inelastic customers are willing to pay a premium to get their coveted vehicles, especially premium brand ones, earlier than the general public. This creates the niche market of specialized parallel traders. Market maximization, profit maximization, and agency costs After examining the roles of integrated manufacturing and distribution strategies on the existence of parallel imports, it is crucial to investigate the importance of agency problems on franchise dealers and parallel importers, and how these issues contribute to the sustainability of parallel imports. 8
Asset specificity of franchise dealers To deal with agency problems, manufacturers control their franchise dealers through certain transaction-specific investments. To qualify as franchise dealers, franchisees have to invest in certain transaction-specific, non-redeployable physical and human assets that are specialized and unique to the task (Figure 1). It is a mechanism that exchange partners use as a private ordering mechanism to reduce opportunism. It is common that an automobile manufacturer requires a franchisee to invest his or her own money in branding the franchise location to fulfill certain pre- determined standards; for example, the showroom is matched with the brand‟s image, and the workshop is equipped with specialized diagnostic computers. These transaction-specific investments make it costly for the franchisee to offer an alternative brand or to switch to a different brand without significant reinvestment in changing the asset-specific equipment. For example, the newly appointed dealer for Ferrari in Singapore, Ital Auto (Komoco), is expected to invest US$7 million to establish the new franchise (The Strait Times, 19 July 2009:18). In other words, dealers are “locked-in” with specific manufacturers although it is illegal for manufacturers to forbid their dealers in the EU to sell other marquees, according to the EU‟s Block Exemption Regulation that had been implemented since 2002. As mentioned earlier, dealers can only sell specific models and specifications of vehicles in pre- determined quotas assigned by manufacturers when the volume-discount agreements are signed in each financial year. The determination of quotas is largely based on the product lifecycle of the manufacturer‟s plants locally (Field survey, December 2008, January 2009). Under this circumstance, franchise dealers are sure to be less able than parallel traders to respond to the changes in market demand. This is especially the case for vehicles of “non-mainstream” models and specifications. Bounded rationality and opportunism of dealers and traders The interests of manufacturers and dealers may not always be compatible with one another when they are pursuing their own agenda. Market maximization is the unavoidable consequence of assembling vehicles in scale economies by automobile giants, while profit maximization is the most vital objective of dealers (Figure 1). This interesting manufacturer-dealer relationship could be demonstrated by the reluctance of dealers to invest in their facilities to cater to the market demand for niche models and other pro-active market maximization distribution strategies of manufacturers. After all, franchise dealers earn the majority of their profits through after-sales services (with an average gross profit margin of 63.7 percent in the UK) rather than relying on the wafer-thin gross profit margin of 4.6 percent for selling vehicles (AIGT, 2002:3). The lower the investment on the training of mechanics and stock (including components) keeping, the higher the profit margins of dealers on the provisions of vehicle maintenance and other after-sales services. In addition to the niche models, franchise dealers are reluctant or even refuse to stock the “bare- bone specification” models of vehicles in certain markets due to the asset specificity of providing full dealer support for such models and the bounded rationality of minimizing the capital tied-up in stock keeping. These “bare-bone specification” models are normally entry models and vehicle specifications that may not command a mass market, but look (almost) exactly the same in physical appearance as the higher-end models. These vehicles are targeted for customers who are on relatively tight budgets but prefer to purchase European brands (and their associated prestige) with lower specifications. For instance, the basic 3-series models (318) of BMW are popular in the UK, but their smaller engines would struggle with the hilly roads in Hong Kong. These basic models of BMW are only available from parallel traders as they do not fit into the marketing, pricing (which protracts it as a premium brand), and financing of the franchise dealers in Hong Kong. To maximize their market shares in highly competitive markets, it is not unusual for premium brand manufacturers to pressurize their franchise dealers to implement a number of proactive pricing and marketing strategies. For instance, dealers of BMW in Japan have reduced their RRPs seven times in two years until they are almost the same as those in Germany (Weigand 1989). Some 9
manufacturers, such as Mercedes-Benz, Peugeot, and Renault, have implemented the “market area” distribution strategy by taking over the dealerships in selected major cities in Europe. 8 In addition to compete with their rivals for market share, this strategy could assist manufacturers to have more direct control over the distribution of its products and lower the agency costs in dealing with dealers. To compete for market share with their arch rival BMW in Asia effectively, Mercedes- Benz had even taken back the pricing rights from their franchise dealers in Singapore and Hong Kong and converted their dealerships to exclusive retailers in 2001 and 2004, respectively (see Lee and Lim, 2002 for the case in Singapore). By supplying parts to non-franchised garages directly, some opportunistic franchise dealers not only can maximize their profits but also fulfill the manufacturers‟ market maximization policy. The dealers of two German limousines in Hong Kong actually act as “unofficial importers” of parts for non-franchised workshops, including those operated by parallel traders, and specialized parts suppliers, with a special volume discount for bulk purchases (Field survey, March 2006, December 2008). There are several interesting features in this strategy. First, this is part of a very effective market maximization strategy in conjunction with the reduction of RRP. Potential customers, especially those “marginal” customers who are just about able to afford such luxury limousines, will not be put off by the high maintenance costs of owning such a premium brand of vehicles. Second, by using the unofficial suppliers of genuine parts and a network of non-franchised garages, franchise dealers could minimize operating costs, in the provision of after-sale warranty and post-warranty maintenance services, by keeping a smaller team of mechanics and keeping a significantly less inventory of parts. The cost saving for the two German limousine deal ers could be relatively substantial due to high land costs and the shortage of well-trained mechanics in Hong Kong. As there are plenty of service specialists available at other independent garages, dealers could charge higher prices for their maintenance services in order to protect their profit margin and the brand premium without worrying about complaints from disgruntled customers. Third, dealers could earn decent profits by being the “unofficial importers” of the genuine parts for non-franchised garages at minimal marginal costs and high cash flow. The widespread usage of genuine parts by independent specialist garages also lowers the chance of complaints from disgruntled customers who may suffer from embarrassing breakdowns. An example of this would be mechanical breakdowns that are more likely due to poor fitments rather than fitting poor quality pattern parts. This cost-effective market maximization strategy employed by dealers will not ruin the reputation of these two brands as reliable and luxury limousines. Conclusions and Implications Instead of heavily attributing the existence of parallel imports in homogenized products to regional price differentiation as suggested by conventional literature (see Antia et al., 2006; Barfield and Groombridge, 1998; Bergen, Heide and Dutta, 1998; Cavusgil and Sikora, 1988; Hur and Riyanto, 2006; Li and Maskus, 2006; Malueg and Schwartz, 1994; Maskus, 2000), we argue that the official manufacturing and distribution strategies of TNCs in the form of regional market quotas, localized models, and specifications are important non-RRP factors that are monetarized and contribute to the existence of parallel imports in heterogeneous products. In the automobile sector, we have argued that the integrated manufacturing and distribution strategies of manufacturers partly contribute to the existence of regional differences in pricing and the availability of specific models and specifications of vehicles. These necessary conditions allow opportunistic parallel traders to engage in arbitrage (due to regional differences in RRP and non- RRP). In addition, agency problems such as the asset specificity of franchise dealers, the bounded rationality, and the opportunism of dealers and arbitrageurs all contribute to the existence and sustainability of parallel imports. Franchise dealers are unable to respond to the market demand 8 Ferrari also took back and internalized its import and distribution rights from authorized dealers in Japan in 2007. 10
as they are “locked-in” with specific manufacturers (due to the non-deployable nature of their assets) and have to implement the official distribution strategies of manufacturers by stocking certain models and specifications of vehicles at pre-determined volumes every year. Instead of letting their capital be tied-up in stocks, the recalcitrant profit-oriented dealers with bounded rationality are willing to risk the sanctions from manufacturers to offload their surplus stocks to opportunistic parallel traders directly or indirectly. This is especially the case for those stocks approaching the end of their product lifecycles. Parallel imports compete in price as well as availability in terms of earlier delivery of newly launched models or supply of certain non-mass manufactured specifications/models. This could explain why some parallel imported automobiles could be more expensive than those from authorized channels of distribution. As long as the price premium (determined by price (in)elasticity of vehicles) can offset the transaction costs, parallel imports in automobiles between different regional markets can be sustained. This policy suggestion is consistent with the conjecture that parallel imports may not be incompatible with the market maximization strategy of TNCs. These findings contradict the findings of Cavusgil and Sikora (1988:76), Cespedes, Corey, and Rangan (1988:75-77), and Palia and Keown (1991) but are supported by the theoretical models on parallel imports proposed by Dutta, Bergen, and John (1994), Bucklin (1993), and Ahmadi and Yang (2000). In addition to gathering valuable market intelligence in terms of effectiveness in distribution networks , including the comparative efficiency of each dealer in the network and customers‟ demands at minimal additional marketing costs (Michael, 1998:28-30), manufacturers could also use parallel imports as supplemental channels to explore untapped markets that authorized dealers are unable to or find too costly to access. 9 Manufacturers could maximize the global market share at relatively low costs, as there are no agreements between manufacturers and parallel imports traders, and therefore, traders have to use their own resources to develop the market. Parallel imports could induce new customers who are unwilling to buy the manufacturers‟ products through the high- priced channel managed by franchise dealers, to buy the said products. Using parallel imports to penetrate previously untapped markets by TNCs also happens in products other than automobiles. In addition to provide consumers with more choices, authorized dealers catering to service- sensitive customers and parallel traders catering to bargain hunters, the state could benefit from higher amount of sales and profits taxes through higher turnovers in manufacturers and/or dealers/traders. References Ahmadi, R., & Yang, R. 2000. Parallel imports: Challenges from unauthorized distribution channels. Marketing Science, 199(3): 279-294. Antia, K.D., & Frazier, G.L. 2001. The severity of contract enforcement in interfirm channel relationships. Journey of Marketing, 65(4)(October): 67-81. Antia, K.D., Bergen, M., & Dutta, S. 2004. Competing with gray markets. MIT Sloan Management Review, Fall: 63-69. Antia, K.D., Bergen, M., Dutta, S., & Fisher, R.J. 2006. How does enforcement deter gray market incidence? Journal of Marketing, 70(1)(Fall): 92-106. Auto Industry News 2006a. ADL „Grey‟ Import Parts Now on Activant‟s MasterCat Database. Industry News, 30 October (http://www.autoindustry.co.uk/news/30-10-06_7) Auto Industry News 2006b. Total UK Car Sales 2003 – 2006. (http://www.autoindustry.co.uk/statistics/sales/new) Automotive Innovation & Growth Team (AIGT) 2002. Distribution, Competition and Consumer Group Report. April 2002. Department for Business Innovation and Skills, the UK (http://www.berr.gov.uk/files/file45519.pdf) Automotive News 2002. Kiss or Kill it. 4 March, Vol. 76, Issue 5973, p12. 9 Parallel traders could easily offset the additional distribution costs with much lower administrative and marketing expenses than authorized dealers (Michael, 1998:28). 11
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