marketing innovations: the choice between discrimination...

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Marketing Innovations: The Choice between Discrimination and Bargaining Power Mihkel Tombak 1 September, 2003 ABSTRACT The selling of a good or service in which the identity of the buyer(s) is of interest to both the seller and the other buyer(s) is studied. We examine the licensing of a modest cost reducing technological innovation to rivals with differing costs in Cournot markets. Through both the pricing (royalties or fixed fees) and the price setting mechanism (posted price or Nash bargaining) the seller can affect which and how many firms would be sold licenses. When selling an exclusive license we find that the innovator may prefer to license a smaller rival with fixed fees than when charging royalties. Also, the licensor would prefer to charge fixed fees when selling a limited number of licenses, however, licensing would tend to be more widespread with royalties. Consumers prefer licensing via pairwise bargaining when the rival firms are relatively efficient (large). The robustness of the results to asymmetric differentiated Bertrand product markets and implications for policy are discussed. Keywords: Licensing, technological innovation, size distribution of firms JEL: D45, O32, L11 1 Rotman School of Management, and University of Toronto at Mississauga, 105 St. George St., Toronto, Ontario, CANADA M5S 3E6. e-mail:[email protected]. The author would like to acknowledge the comments of Vincenzo Denicolo, Thomas Gehrig, Joseph Harrington and Piero Tedeschi, and the seminar participants at CIRANO, EARIE, Workshop in IO in Helsinki, Workshop on Licensing in Milano, Queens University, and the WZB. Also appreciated is the financial support of NSERC, Academy of Finland, Queen’s University and University of Toronto.

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Marketing Innovations: The Choice between Discrimination and Bargaining Power

Mihkel Tombak1

September, 2003

ABSTRACT The selling of a good or service in which the identity of the buyer(s) is of interest to both the seller and the other buyer(s) is studied. We examine the licensing of a modest cost reducing technological innovation to rivals with differing costs in Cournot markets. Through both the pricing (royalties or fixed fees) and the price setting mechanism (posted price or Nash bargaining) the seller can affect which and how many firms would be sold licenses. When selling an exclusive license we find that the innovator may prefer to license a smaller rival with fixed fees than when charging royalties. Also, the licensor would prefer to charge fixed fees when selling a limited number of licenses, however, licensing would tend to be more widespread with royalties. Consumers prefer licensing via pairwise bargaining when the rival firms are relatively efficient (large). The robustness of the results to asymmetric differentiated Bertrand product markets and implications for policy are discussed. Keywords: Licensing, technological innovation, size distribution of firms JEL: D45, O32, L11

1 Rotman School of Management, and University of Toronto at Mississauga, 105 St. George St., Toronto, Ontario, CANADA M5S 3E6. e-mail:[email protected]. The author would like to acknowledge the comments of Vincenzo Denicolo, Thomas Gehrig, Joseph Harrington and Piero Tedeschi, and the seminar participants at CIRANO, EARIE, Workshop in IO in Helsinki, Workshop on Licensing in Milano, Queens University, and the WZB. Also appreciated is the financial support of NSERC, Academy of Finland, Queen’s University and University of Toronto.

2

Introduction

This study examines the selling of a good or service where the identity of the buyer(s), who are

also rivals of the seller, is important to both the seller and other buyers. This situation was

exemplified, in 1977 when JVC and Matsushita licensed its VHS video cassette technology to a

number of rivals including Mitsubishi, Panasonic, RCA and Thomson Electronics, resulting in a

wider distribution of its technology and a redistribution of profits among competitors. Many

other examples of a technology owner renting its use to rivals are given in Baumol (2002). The

seller of the technology must take into consideration not only the licensing revenues from a

particular buyer but also the effect of the license on its own product market profits and on the

profits to other potential buyers of the technology. Through both the pricing scheme (royalties

or fixed fees) and the price setting mechanism (posted price or bargaining) the seller can affect

which and how many firms would be sold licenses as well as the profitability of licensing.

The licensing of technologies plays a central role in the diffusion of innovations. It can also have

a significant impact on the revenues and returns to the innovator. For example, Texas

Instruments obtained revenues of $1.5 bil. in one year from the royalties of its licensed

technologies, and in some years these revenues have exceeded its operating income (Thurow,

1997). Licensing has become an increasingly prominent trade issue with American royalties and

license fee receipts from abroad increasing from $8.1 bil. in 1986 to $33.7 bil. in 1997 with

payments abroad growing to $9.4 bil. in 1997 (Survey of Current Business, 1998, Pg. 86 and 97).

Domestic trade in technologies is at least that volume (Katz and Shapiro, 1986) with the overall

revenues from licensing patents increasing dramatically from $15 bil in 1990 to $110 bil. in 1999

(Rivette and Kline, 2000). How these licenses are priced and marketed, however, have an

essential impact on which firms obtain licenses, the diffusion of the innovation, and what

revenues are accrued by the inventor.

We explore the incentives to license a cost reducing technology when the innovator is also active

in the product market and its rivals (and potential licensees) differ in marginal costs. Product

market competition is modelled as asymmetric Cournot. A cost reducing innovation is then

3

potentially ”drastic” to some rivals and ”modest” to others. Here we focus on innovations that

are modest for all rivals so that licensing is not crucial for those firms to remain in the market.

We also examine how the firm size distribution in the industry affects the diffusion of new

technologies and the rewards for innovation. The innovator by choosing the pricing, which firms

to license and how many licenses to sell can have an essential impact on firm-size distribution.

We model the market for the innovation in two ways. In one scenario the innovator chooses

which, (if any) firms to license and engages pairwise with the licensees in a Nash bargaining

game over the price. In another scenario the innovator announces a posted price for the license

to all its competitors, who then choose to accept or reject the offer. In effect, with the bargaining

mechanism the innovator exercises the ability to price discriminate but yields somewhat in

bargaining power whereas under the posted price (making a take-it-or-leave-it offer) the licensor

uses maximum bargaining power but loses the ability to discriminate between potential licensees

and on price. Here we study how the market mechanism chosen by the innovator affects who

obtains a license and how the mechanism affects the returns to innovation and its diffusion. We

then discuss how those results may change if the product market competition were differentiated

Bertrand with asymmetric marginal costs.

Arrow (1962) spurred considerable debate in industrial economics circles by showing that an

owner of a unique cost reducing innovation would obtain more revenue by licensing for a certain

royalty fee to all firms in a perfectly competitive market. This appeared to refute the

Schumpeterian claim that that some monopoly power increases the incentives for innovating. As

Kamien and Schwartz (1982, Chapter 2) point out, however, Arrow’s analysis concerned a given

market structure of the industry purchasing the innovation and not of the structure of the

innovation producing industry. These industries could be one and the same as indicated in the

following statement

”Sometimes the highest profits are obtained by the owner of the rights to an invention if it simultaneously uses the invention as an input in its own production and rents its use to others.” Baumol (2002, pg. 12)

Our analysis examines imperfectly competitive markets in which the industry producing and

utilizing the innovation are one and the same and where the firm-size distribution could change

4

with licensing. In this context, we find that the diffusion of licenses can be restricted depending

on the pricing and the price-setting mechanism used. For an excellent survey of the literature in

licensing see Kamien (1992).

Gallini (1984), Gallini and Winter (1985) and Katz and Shapiro (1985) have examined the

incentives of one producer to license its process technology innovation to another producer under

duopolistic market structures. The incentive in Gallini (1984) was to deter the rival from

investing in R&D and possibily produce an even better process technology. Gallini and Winter

(1985) extended the innovation game of Reinganum (1983) to examine how licensing would

affect incentives of duopolists to engage in R&D and how it would subsequently impact on

industry costs and market structure. They found that licensing stimulates R&D when industry

variation in costs is low and when industry concentration is low. In their model, the innovator

always has an incentive to license. We also examine the issues of industry costs and structure,

albeit in an asymmetric oligopolistic industry, and we focus on how the innovator markets his

R&D result.

Gallini and Wright (1990) examine the problem of information asymmetry in licensing

technology, as the licensor may have more information about the quality of the innovation than

does the licensee. They show how the form of payment to the inventor (fixed fee versus an

output based royalty) can be used to overcome, to some degree, the market failure that may result

from such information asymmetries. This is particularly a problem when the inventor is

independent of the industry purchasing the technology. As we focus on how the innovator

markets his invention, our analysis is one with complete information. Our firm asymmetries are

simply of the form of marginal cost differences ex ante the innovation and licensing. Moreover

the inventor is also a participant in the final output market. In this context there is an additional

argument for the use of royalties instead of fixed fees – the innovator can keep its product market

rival’s marginal costs higher and mitigate business ”stealing”.

Kamien and Tauman (1986) analyze the decision of an owner of an invention to use fixed fees

versus royalties in licensing to a symmetric oligopolistic industry which competes in a Cournot

fashion. They compute the number of licenses sold and find that licensing via a fixed fee is

5

superior for both inventor and consumers and that a ”drastic” innovation is licensed to a single

producer. In our model with asymmetric producers the innovation is ”modest”. Furthermore, as

the innovator in our model is also a producer our analysis has certain strategic product market

considerations which are absent in Kaimien and Tauman’s model, weighing in favor of royalties

in our setting. Royalties were shown to be superior to upfront fees in the duopoly model

analyzed by Wang (1998) and, simultaneously and independently of this analysis, for the

symmetric Cournot oligopoly by Kamien and Tauman (2001). Here we investigate the

optimality of fixed fees in an asymmetric Cournot oligopoly setting.

Few studies have examined, as we do, the issue of who is licensed (an irrelevant issue when it is

assumed that the firms are symmetric). Exceptions are Rockett (1990) and Spiegel (2003).

Rockett argues that innovators may be selective about whom they license, and analyzes the effect

of post-patent competition on the choice of to whom a drastic innovation license would be sold.

She analyzes a model of a three firm industry where one firm is the innovator and the two

remaining firms are differentiated in terms of their competitive strength. She finds that a

patentholder would license the weak competitor in order to retain a dominant position once the

patent expires with a view to deter a stronger rival from entering. Spiegel (2003) in his

examination of a winner-take-all patent race between three firms finds that ex ante the

innovation, licenses of interim knowledge may take place to the stronger rival. Our analysis

examines an n-firm oligopoly, focusing on the patent period or time period during which the

technology is confidential. The technological innovation examined here is of the nondrastic type

so that issues about exit and entry are not addressed. We also find that that the licensed rival

would be the weakest (depending on the fee structure) but in addition we find that the diffusion

of licenses depends on the size distribution of firms and on the pricing of the license.

Furthermore, we find that the extent of diffusion of licensing will be affected by how the license

is marketed and the degree of asymmetry - a more symmetric market and discrimination between

licensees can lead to greater diffusion.

The size-distribution of firms has recently received increasing attention (see the survey by

Sutton, 1997). In much of the literature size-distribution is an outcome of some stochastic

process, such as a Poisson process, by which firms find market opportunities. In our model the

6

initial size distribution is given and can then be modified by an innovation and licensing. Thus,

the final size distribution is an outcome of choices by the innovator of whether and how to

license that innovation. Gibrat’s Law, which holds that the expected growth increment in each

period is proportional to the current size of the firm, may still hold in our model if the probability

of innovation and the cost reduction of the innovation were related to firm size (e.g., if the

probability of innovating were proportional to the size of the R&D budget which, in turn, is a

percentage of sales). Generally, however, licensing leads to more symmetric market shares in

the product market but more skewed revenue flows (with the innovator obtaining greater

revenues due to the licensing fees). Consequently, licensing may be one explanation for the

empirical finding by Sutton (1998) that R&D intensive industries display no greater degree of

size inequity, as measured by sales in a market, than do the non-R&D intensive industries in a

control group.

This study is organized as follows. We develop and analyze the basic asymmetric Cournot

model of product market competition and the surpluses and costs attributable to a license for a

cost reducing innovation. We then examine how that surplus may be divided between innovator

and licensee through pricing and through the various market mechanisms such as posted price

and Nash bargaining and establish who the innovator would license under the different regimes.

We consider whether and how our results would change under the product market regime of

differentiated Bertrand with asymmetric marginal costs. In the final section we summarize and

discuss the conclusions.

2. The Surplus from Licensing

In this section we develop the basic model of the product market competition and from that

derive the surpluses from licensing a cost reducing innovation. These surpluses will then be used

in the subsequent derivation of optimal patterns of licensing and in the calculation of the returns

to innovation.

7

We begin with the computation of product market equilibrium profits given the marginal costs of

the firms.

2.1 Product Market Competition between Asymmetric Firms We assume that there are n firms producing a homogeneous good where the firms can be rank

ordered according to their marginal costs with firm 1 having the lowest marginal cost. Let ci

represent the marginal cost of firm i where c1 < c2 < c3 < ... < cn . These marginal costs can then

be represented by differences from that of the most efficient firm, i.e., cj = c1 + εj′ where εj′ is the

difference in marginal costs between firm j and firm 1. We also assume a linear inverse demand

function P = α - βQ where Q is the industry output and P is the price. Under perfect information

the Cournot equilibrium outputs, price and profits are given by:

( )1

''1*

+

+−−

=∑≠

n

ncq

n

ijji

i β

εεα, ( ) .,

1

'2*2

1*

ii

n

jj

qandn

ncP βπ

εα=

+

++

=∑= (1)

The derivation of the above expressions is given in Tombak, 2002, Appendix A. The

distribution of the marginal cost differences εj′ then determine the size distribution of firms in the

industry. For example, larger differences in the εj′ would result in a distribution with a larger

variance, and clustering of εj′s among small values or large values would result in skewed size-

distributions.

A cost reducing innovation would increase consumers’ surplus. As we can see from the above

equation, equilibrium prices depend on the average of the marginal costs. A cost reducing

innovation would reduce the marginal costs of a firm and thereby reduce the equilibrium price.

From the above we can see that firms’ equilibrium profits decrease as a firm’s rivals become

more efficient. A cost reducing innovation by a rival will then decrease equilibrium quantities

and profits. As the equilibrium price decreases the industry output must have increased. As the

innovator profits increase and it is relatively more efficient it obtains a disproportionately greater

8

share of that industry output. The rivals, being relatively less efficient, would then yield some of

their share of the market to the innovator. Hence for those firms that do not enjoy the cost

reduction, the innovation would have a negative effect on their equilibrium profits.

An innovation by some firm i, by luck or by design reducing ci to c < c1 , changes the marginal

cost differences cj = c + εj where εj is the difference in marginal costs between the jth firm and

the innovating firm i (i.e., εj = c1 - c + εj′). With the new distribution of marginal costs all the

noninnovating firms become smaller with correspondingly lower equilibrium profits while the

innovator becomes larger with larger profits. Without loss of generality and to focus on the

effect of firm asymmetries we will henceforth assume that α - c = 1 and that β = 1. Our

assumption that the innovation is “modest” implies that no firm is driven to exit from the market

as a result of the innovation, i.e., ( ) .1

11

1

+

+

<∑−

=

nc

n

jj

n

ε That is, if all the noninnovating firms other

than the nth firm license the technology and reduce their marginal costs then the nth firm would

still not drop out of the market.

2.2 The Revenues and Costs of Licensing

We now compute the net surplus available to the innovator from licensing. All those who

license the innovation enjoy a marginal cost reduction to c. The surplus to a licensee would then

be the equilibrium profits it would obtain with this new low marginal cost (πl

j, where the

superscript denotes licensing) less its equilibrium profits without the license (πj). This increased

surplus can arise from increased profit margins and increased output which results in increased

industry output as well as business “stealing” from the rivals of the licensee. This licensee j is

one of the existing rivals of the licensor. Both of these payoffs would change with the granting

of m licenses. The licensor, however, could experience a cost of licensing if he loses some

9

profits in the product market by making a rival more efficient (πi- πl

i, the result of business being

“stolen” by the licensee) and reduces the product market equilibrium price. The net surplus that

might be captured by licensing is then the difference between the surplus to the licensee(s) and

the cost to the licensor.

Given the product market equilibrium profits the demand curve for licenses is determined by:

where M is the set of licensed firms the summation in the above expression is then the sum of the

ε’s of all firms not in the set M and not that of firm j. The benefit of the license to the licensee is

seen in incremental product market profits when there is a set M of other firms with the license.

Since the derivative of (2) with respect to εj is 2(n/(n+1)) q

j the above value of a license increases

in ε. Thus smaller firms value the license more. With licensing of firm j the quantity for any

other firm given in (1) will go down by the εj term. In the computation of q

j the jth firm takes into

consideration that the innovator may license to other firms. Thus, as more licenses are granted to

its rivals the Σε term would decrease and the price each licensee would be willing to pay would

decrease correspondingly.

We will examine two pricing structures by which this surplus might accrue to the licensor – fixed

fees and royalties. Fixed fees involve the transfer of a lump sum from the licensee to the licensor

that, as defined in (2), would be at most πl

j - π

j. Royalties, as a per unit fee or a percentage of

sales fee for the use of the technology, play a role in the majority of licenses (see Caves,

Crookwell, and Killing, 1983). When the innovator is also a participant in the product market

royalties have an advantage in that this mode of pricing keeps the marginal costs of the licensees

above c. If the innovator sets a royalty fee of r per unit of output sold, the marginal costs of all

( )( )( )

)2(121 2

+⋅+

=+−=− ∑≠∉

j

n

jMk

kj

jljj

ljj

lj n

n

nqqqq εε

εππ

10

licensees are then c + r and their outputs defined in (1) would be adjusted accordingly. The

revenues to the licensor would then be rql

j where ql

j is the Cournot quantity of the licensee after

licensing the technology.

The cost of licensing is the lost product market profit of the licensor due to licensing, and this

cost will depend on which and how many firms are licensed. Granting a license makes the rival

more efficient and will reduce the asymmetry in the product market. The cost to the licensor of

providing the mth license with a fixed fee to firm j given product market profits in (1) is:

This cost to the innovating firm i of licensing to firm j is increasing in εj, hence decreasing with

the size of the rival. This occurs as the license makes a rival more efficient, and the greater εj, the

greater this efficiency effect. Also, licensing decreases asymmetry in the industry.2 The above

cost of licensing, however, can be mitigated to some degree by the pricing chosen by the licensor

(e.g. by charging per unit royalties as opposed to fixed fees). If the innovator can perfectly price

discriminate and charge a royalty rate to licensee j of rj = ε

j then the price in the product market

(P*) remains constant, the distribution of outputs remain the same, the licensing revenues are εjq

j,

and COSTi =0. The licensore, however, may find it optimal to charge royalty rates different

from εj in which case there will be some business ”stealing” effect which is computed below.

For an innovator who is also a participant in the market the incentives to license are then

governed by the difference between the surplus to be obtained and the lost product market profits

to the innovator. The maximum net surplus to the innovator when licensing a rival firm j via

fixed fees is:

( )( )( )

)3(121

12

+

+⋅+

=+−=−= ∑≠∉

j

n

jMk

kjlii

lii

liii n

qqqqCOST εεεππ

11

The expression within the square brackets above is positive by the condition for positive Cournot

quantities. Thereby the net surplus of licensing to rivals is positive for all n ≥ 2. If royalties are

used such that rj = ε

j then the revenues are ε

jq

j. If, however, the optimal royalty for a given

licensee were to deviate from (be less than) the efficiency differential then the net surplus from

such a royalty based license would be

( )( )( )

++

++⋅+

−−

++−+

=+−=

∑ ∑∑ ∑≠∉

≠∈

≠∉

≠∈

jj

n

jMk

n

jMk

kkjj

n

jMk

n

jMk

kkjj

lii

ljj

r

rrn

rrnr

nr

qrNSj

εεε

ε

ππ

121

11 2

(5)

As shown above, the net surplus from any one license under royalty pricing depends on the

royalty rate charged to the other licensees. We now consider the question of to which rival firm

the innovator prefers to grant an exclusive license under the different pricing schemes.

Proposition 1. When exclusively licensing and when n > 4, the licensor would prefer to grant

the license to a more efficient rival when charging royalties than when charging fixed fees.

Proof:

Taking the derivative of NSr

j with respect to r

j we find the optimal royalty rate (r

j*) and that the

licensor would prefer to grant an exclusive license to the firm j for which εj> r

j* and ε

j closest to

2 For a further discussion of the effect of reducing the variance in marginal costs in a Cournot setting (albeit while keeping the average marginal cost constant) see Salant and Shaffer (1999).

( )( ) ( ) )4(1112

12

2

+−

+−⋅+

=+−−= ∑≠∉

j

n

jMk

kjl

iijlj

Fj nn

nNS εε

εππππ

12

( ) ( )1.112

32

* Cnn

nrn

jkj

+

−++

= ∑≠

ε

To find the optimal fixed fee licensee we take the derivative of the net surplus NSj

F with respect

to εj and obtain,

( )( ) ( ) .111

12 2

2

+−

+−

+=

∂∑≠

j

n

jk

j

Fj nn

n

NSεε

ε

Thus when charging fixed fees, the preferred licensee is the least efficient when there exist rivals

that are relatively inefficient, i.e., when there exists a firm j such that,

Comparing Fjε with r

j* yields the Proposition.

Q.E.D.

Proposition 1 shows that the rival to which the innovator would prefer to license is determined

by the market structure, by the firm-size distribution, and by how the licensor chooses to price

the license. Under fixed fee pricing, if markets are competitive (n is large) and rivals are

relatively small (Σ k∉M

εk is large) then the licensor would prefer to license the weakest of those

rivals. To see this one can rewrite (C2) as n(n+1) qj − (1+ Σ

k∉M ε

k) - ε

j > 0. For example, if the

innovator faced only two rivals, firms j and k (εj > ε

k, n =3) then firm j would be the preferred

( )( ) ( )2.1

11

2 Cnn n

jk

Fj

+

+−

= ∑≠

εε

13

licensee under either pricing scheme when εj < 1/5 (1+ε

k). As both the revenues (2) and the costs

(3) to the innovator of lost product market profits are greater when licensing inefficient rivals,

the Proposition implies that the revenue effects dominate the cost effects for fixed fee pricing

under the condition given. This is due, in part, to the licensor being able to capture some of the

rents the inefficent licensee can obtain by business stealing from the nonlicensing rival(s) (hence

the condition n > 4). Counterbalancing this effect is a phenomenon identified in Salant and

Shaffer (1999) whereby the most efficient firm’s profits are lower as the market asymmetries are

decreased (as they would with fixed fee licensing). Consequently, the COST of licensing a weak

rival is great under fixed fee licensing and the best licensor may not be the weakest. As stated

above, concerns with costs can be mitigated with the use of royalties.

The Proposition states that the optimal licensee is not necessarily robust to pricing. An innovator

who charges royalty fees would maximize the licensing revenues defined by rjq

j less any costs of

business stealing resulting from a royalty rate which deviates from εj.3 The optimal revenue

stream is achieved by licensing a rival j which satisfies (C1). The innovator must balance the

increased royalty rate he could charge to smaller (less efficient) firms which would be willing to

pay more for the cost reducing technology, with the output over which that royalty rate would be

applied. More inefficient rivals would be interested in licensing on the same terms as the

optimal licensee and would deliver the same licensing revenue stream but, under those terms,

they would become more efficient and engage in more business stealing from the licensor. As

the royalty rate is close to εj for the optimal licensee, the licensor is less concerned with any loss

in product market profits that would result from the licensing of a less efficient firm. This result

contrasts with that of Rockett (1990) as her analysis included the effects of licensing on the post-

patent period when entry may occur and licensing revenues would not be taken into

consideration.

3 Comparing r* in the Proof of Proposition 1 to that ε

j which yields zero Cournot quantities for firm j indicates that

at n=2 r* is constrained to be equal to εj .

14

Proposition 2 When exclusively licensing any given licensee, the licensor would prefer to use

royalty rates instead of fixed fees when the industry is a duopoly, otherwise fixed fees are

superior.

Proof:

From equations (4) and (5) we find that NSj

F - NSj

r > 0 iff ( ) ( ) jj

k nn εε 113 −+

+− ∑

>0 from

which the industry structure in the proposition follows.

Q.E.D.

This proposition generalizes the optimality of royalty fees result of Wang (1998) from n=2 with

symmetric rivals to asymmetric rivals while showing that the result is limited to n = 2. The

intuition for this result is that with fixed fees the licensor can capture some of the rents of

nonlicensing rivals through the business ”stealing” that the licensing rivals will do to the

nonlicensing rivals. When n is very small then there are few nonlicensing rivals to steal business

from while the licensee will steal business from the licensor, hence the licensor charges royalties

to reduce the business stealing. Once n becomes large the rents from business stealing from

nonlicensing rivals increase but the rents from this depend on the distibution of the costs of these

nonlicensing rivals.

The innovator is also faced with the strategic question of whether to grant an exclusive license or

to broadly diffuse its technology. The maximum total net surplus may be obtained from the

granting of several licenses. The total net surplus would then be the sum of the net surpluses for

each of the m licenses calculated above taking into consideration that each of those net surpluses

vary with m and with the pricing of the license, i.e., the total net surplus is TNS = Σm(πl

l (m) -

πl(m-1)) - π

i(m=0)+ πl

i (m). This payoff obtained with fixed fees is compared to the royalties

from licensing the same set of licensees in the following proposition.

Proposition 3: For any given set of licensees, innovators active in the product market prefer fixed

fees to royalty payments when licensing rivals if

15

( ) ( ) ( ) .01113 2 >−+

+−

+⋅− ∑∑∑∈∈

≠∉ MjMj

j

n

jMk

k jnnn εεε

Proof:

The profit for a price discriminating, royalty charging licensor is,

( ) .11

1∑ ∑ ∑∑∈ ∈ ∈∉

−++

+=

Mj Mjj

Mkk

Mkkjjj nr

nq εεεε

The payoff from charging fixed fees to the m licensees is

( )( ) ( ) .1112

11 2

2

+−

+−⋅+

= ∑∑≠∉∈

j

n

jMk

kMj

j nnn

TNS εεε

Taking the difference

( )( ) ( ) ( )

−+

+−

+⋅−+

=− ∑∑∑∑∈∈

≠∉∈ MjMj

j

n

jMk

kMj

jj jnnn

nqTNS 2

2 11131

1 εεεε

which yields the condition in the proposition.

Q.E.D.

The condition in the proposition shows that if the number of nonlicensees were small (Σ k∉M

εk

small), the rival firms were relatively efficient (εj small) and small in number (low n) then

16

royalties may be preferred. If the licensor were perfectly price discriminating and charged

royalties then the technology would be diffused to all rivals, i.e., m=n-1. In this case, Σ k∉M

εk

would be zero and the above condition would be reduced to -4 + (n-1) ∑∈Mj

j

2ε > 0. Consequently, it

is shown why the results of Kamien and Tauman, 1986, Wang, 1998 and the symmetric oligopoly

case analyzed by Kamien and Tauman, 2001 sometimes conflict. In our case the fixed fees allow

the licensor the ability to capture the rents the licensee obtains from business ”stealing”. If there

are a sufficient number of nonlicensing rivals these rents from business ”stealing” could be

significant. The optimal number of licenses granted, however, may be more restricted under

fixed fees. The use of royalties keeps rivals’ costs high and will not reduce the willingness of

other licensees to pay. This would lead to a greater proliferation of licenses. Furthermore, as

indicated in Proposition 1, the set of licensees could be different for fixed fees and royalties. In

what follows we focus on which firms would be in the set of licensees.

Perfect price discrimination may draw the wrath of antitrust authorities due to dissimilar

treatment of what may appear to be similar transactions, so we now turn to the examination of

alternative pricing mechanisms. How much surplus the innovator will accrue depends on how

the innovation is marketed. In the analysis of Arrow (1962) all the surplus was extracted as all

the licensees were symmetric and price discrimination was a moot issue. As we shall see, under

the following different pricing setting practises, less than all the surplus is captured by the

innovator and market asymmetries and the price setting mechanism will have an effect on the

diffusion of the innovation.

17

3. Market Mechanisms for Licensing

In this section we analyze the two different modes of marketing an innovation – offering licenses

to all licensees at a certain price, or bargaining over the price with each customer. In what

follows we restrict our analysis to prices in the form of royalty rates as this form is the most

popular4 and it led to greater diffusion. In the first case, the innovator chooses a royalty rate and

potential licensees accept or reject the offer. The posted price acts as a commitment device

enabling the licensor to gain bargaining power. In the second case, the innovator may choose to

whom he would like to license the technology and then negotiates a royalty rate. Proposition 1

indicates that there is a value in being able to discriminate between licensees. But an

examination of the values licensees place on the license (2) suggests that those rivals most

interested in the license may not be those firms the innovator would want to license (by

Proposition 1). Furthermore, pairwise bargaining may allow some opportunity for the licensor

to price discriminate. In choosing between these two market mechanisms, the innovator faces a

tradeoff between excercising bargaining power and the ability to discriminate.

3.1 Posted Price

In this section we examine the effects of the innovator selling via the announcement of one price

for the license.5 We will examine the case where that price is in the form of a per-unit fee, or

royalty. The licensing agreement could (but need not) stipulate the number of licenses to be

granted. Potential licensees can then accept or reject the offer. This mechanism is similar to the

“chutzpah” mechanism described and found to be optimal for licensing symmetric firms in

4 Rostoker (1984) found that royalties alone were used in 39% of the licenses he studied. 5 A Vickery auction where the innovator announces the number of licenses to be auctioned would result in a similar allocation of licenses but the innovator would obtain somewhat less licensing revenue. In the auction of m licenses with complete information the m licensees would simply bid slightly more than the value to the m+1th potential licensee. With the price setting mechanism the licensor sets the price to slightly less than the value to the mth potential licensee.

18

Kamien (1992). Under this market mechanism the innovator utilizes the maximum bargaining

power at his disposal but loses the ability to discriminate between buyers. McAfee (1999)

examines auctions of capacity and his model shares a feature with ours – the identity of the

winner of the auction matters to the losers and smaller firms would be willing to pay more for the

capacity. Our analysis examines sales with an additional feature – the identity of the winner(s)

matter to the seller as well.

All those who accept the offer for a license enjoy a marginal cost reduction to c. The maximum

price a licensee would be willing to pay would then be the equilibrium profits it would obtain

with this new low marginal cost (πl

j) less its equilibrium profits without the license (π

j). This

difference in the equilibrium profits with and without a license determines the demand curve for

licenses. Those firms with a value greater than the stated fee would accept the offer. The

number of licenses sold, and the specific buyers of the technology, would then be determined by

the intersection of the fee with the demand curve. This presents a potential problem to the

licensor as he has limited control over who would accept and thereby obtain his technology. The

licensor experiences a cost of licensing in that he loses some profits in the product market by

making a rival more efficient (πi- πl

i). These costs would be different for different licensees

while the revenue would be the same (qrr).

Given a royalty rate r an existing rival j would purchase a license if cj > c + r or if εj >r. We

then have a precise ordering of the licensees willing to pay the royalty. In this case, the

innovator simultaneously sets the royalty rate and number of licenses granted in order to

maximize licensing revenues less the costs defined in (3), i.e.,

( ) ( )( )

( ) ( )( )

++

+

+−

+−−+⋅

+⋅

=−=−⋅⋅=

∑∑∑∑−−=

−−

=−−=

−−

=

mrmrn

rmnn

rm

mmqrmTNSrm

MAX

n

mnll

mn

kk

n

mnll

mn

kk

lirr

1

1

212

1

2

121

1111

0,

εεεε

ππ

19

where, qr is the equilibrium quantity produced under license by a firm, and m is the number of

licenses granted. Clearly, the maximum royalty rate which would yield the sale of m licenses

would be where r = εn-m and the royalty rate for selling m +1 licenses would then be εn-m-1. In this

situation the innovator would always sell at least one license as the first license would not

involve any lost product market profits.

Lemma 1: Under posted pricing of licenses the diffusion of licenses will be greater if the rivals

consist of a cluster of inefficient firms where the efficiency differential between rival licensees

εn- m -1 - εn- m is small.

Proof:

The total net surplus maximizing licensing royalty is determined by the point where the

difference function TNS(r=εn-m-1) – TNS(r=εn-m) ≤ 0. Given the sequence of licensees (from

smallest to largest) the TNS maximizing number of licensees is given by m that sastisfies,

( ) ( ) ( )( )

( ) ( )3.011

111

1

1

21

1

1

21

21

Cmn

mnm

mn

mn

kkmn

mnmn

mn

kknmnmn

+−−++

−+−−

++−

−−

−−

=−−

−−−

−−

=+−−−

εεε

εεεεε

By the condition for positive Cournot quantities and by the ranking of the ε’s, the first term

above is always negative while the second term is positive. Inefficient rivals ensures that εn-m-1

and the positive portion of (C3) is large while the clustering of rival firms with similar marginal

costs ensures that the negative portion of (C3) is small. Consequently, the condition to stop

licensing is then not met.

Q.E.D.

The first term in (C3) represents the licensing revenues lost from the nonmarginal licensees from

decreasing the posted price. The second term in (C3) is the licensing revenues gained from the

20

additional licensee. As the above condition is governed by the ε’s and n, the royalty rate and the

diffusion of licenses depends on the size-distribution of rival firms. In the extreme case of

symmetric rivals then εn- m -1 - εn- m = 0 and all rivals would be licensed with the posted price equal

to the ε’s.

For an example where posted pricing leads to limited diffusion, say there were 4 firms with ε2

=0.1, ε3 =0.2, and ε4 =0.3. The condition to stop licensing (C3) becomes negative as m goes from

1 to 2 and TNS(m=1)=0.06 while TNS(m=2)= 0.02. In this example only one license would be

sold at a rate of r=0.3. In this example the licensor’s prelicensing profits are 0.1024 so one

license increases the innovator’s profits by almost 60%! If the efficiency of the second largest

rival were ε3 =0.28, then 2 licenses would be sold at a royalty rate of 0.28, illustrating a greater

diffusion of the innovation under posted prices when rivals are less differentiated. We now

analyze an alternative mode of marketing the innovation – pairwise bargaining with licensees.

3.2 Nash Bargaining

In this section we examine the allocation and proliferation of licenses when the licensor engages

pairwise in a Nash bargaining game with each potential licensee that the licensor may choose to

license. In this arrangement the licensor has the ability to discriminate from amongst those who

obtain a license as he may choose not to bargain with certain rivals. Also, the licensor may

choose a sequence of which potential licensees to negotiate with.6 Bargaining also has the

advantage of allowing some degree of price discrimination. This is often possible as licensing

agreements contain many clauses regarding the responsibilities and rights of both the licensee

and licensor that may differ from one licensor to another. For example, there may be clauses that

allow some licensees to use the technology for uses other than that related to the innovator’s

6 In our model of complete information and surplus to be had with each license (ε’s > 0) then each licensee knows that all other rivals will license the technology. Hence the sequence of pairwise bargaining games is not an issue here.

21

product market. The disadvantage (from the innovator’s perspective) is that presumably the

inventor does not have all the bargaining power and some surplus must be left to the licensees.

With Nash pairwise bargaining we are, in essence, examining the situation of price

discrimination with an equal split of the surplus between buyer and seller. In the previous

section we describe the situation of the seller posting a certain (uniform) price, and we implicitly

assume that the innovator has the bargaining power to make a take it or leave it offer. Here we

examine the situation wherein each party has some bargaining power and hence we use a

bargaining solution in which the firms split the surplus in some proportion.7

We use the Nash Bargaining game to determine the licensing royalty, r, to a licensee j such that

that is, the bargaining solution would maximize the product of the surpluses to the licensor and

the licensee. The expression in the first bracket above is the surplus of the licensor with

licensing revenues of qr where the quantity is that of the licensee when there are mb licenses

granted (the subscript b denoting the bargaining game) less the cost to the licensor of lost product

market profits with a new competitor with marginal costs of cj + r

j as defined in (2). The

expression in the second bracket is the surplus to the licensee of licensing that consists of the

product market profits with mb licensees less the licensing fee less the surplus it would have

without a license.

The Nash Bargaining Solution where both parties have equal bargaining power specifies that the

surpluses from the license would be evenly divided between licensee and licensor. As the

Cournot rents πi can be replaced by q

i

2 this allocation of rents implies,

7 Caves, Crookwell and Killing (1983) found that between a third and a half with an average of 40% of the expected rents went to the licensor. Consequently, it must be that in many cases the licensee has some bargaining power. This could be due to, among other factors, the presence of competing technologies. For example, Micronas obtained several offers to license a semiconductor manufacturing technology (Takalo and Kultti, 2000).

( ) ( ) ( )( )[ ] ( ) ( )[ ],11 −−−−−=Γ bjbljb

libijb

l

jmmmmrmq

rMAX

ππππ

22

( ) ( ) ( ) ( ) ( ) .011 2222 =−+−+−− bjbjbibijbj mqmqmqmqrmq

As there exists surplus to be had in each licensing transaction each licensee can rationally expect

that mb = n -1, i.e., all rivals will end up with a license. In the above expression then q

j(m) is the

equilibrium output of firm j with a license and qi(m

b) is the output of the licensor having licensed

firm j. Similarly, qj(m

b-1)) is the equilibrium output of firm j without a license and q

j(m

b-1) is

the output of the licensor not having licensed firm j. However, each licensee does not know

what royalty rate the other licensees have negotiated. Consequently, the royalty rates would be

determined through the simultaneous solution of a system of equations, each of the form above,

which can be restated as

( ) ( ) ( )4.01121312 22 Cnrrrrn jjjl

ljjl

lj =−−

+−

+++− ∑∑

≠≠

εε

where rj is the royalty rate of firm j and Σ

l≠j r

l is the sum of the royalty rates of the rival licensees.

The above condition is a quadratic expression in rj this leads to the following lemma.

Lemma 2: The royalty rate set by the Nash bargaining game is:

( ) ( )

( ) .122

1121241913 2

2

−+

+−−

+−

+

=∑∑∑≠≠≠

n

nrnrr

rjj

jll

jll

jll

j

εε

Proof: See Appendix I.

The above royalty rate is clearly influenced by the firm-efficiency (size) distribution through the

royalty rates negotiated by all other firms (Σl≠j

rl) which depend on their respective efficiencies.

Depending on that distribution of firms the royalty rate under posted pricing (εn- m) may be higher

but it could also exclude potential licensees and the licensing revenues they would bring.

23

Furthermore, posted pricing can leave more surplus to the licensees when there is a small group

of firm which are very inefficient. Comparing the results under the bargaining game with those

of posted prices we have

Proposition 3: Pairwise bargaining results in a diffusion of licenses at least as great as posted

prices and a greater diffusion when the size distribution of firms is sufficiently skewed towards a

large proportion of efficient (large) firms. Setting the royalty rate under Nash bargaining as

opposed to posted royalty, the price in the product market (P*) is lower and consumer welfare is

enhanced if and only if .22

mn

mn

jj

n

jj mr −

==

+< ∑∑ εε

Proof:

The proof of the first part of the proposition regarding the extent of diffusion is straightforward

as all rival firms license the technology under pairwise bargaining while under posted prices the

diffusion is restricted according to Lemma 1.

For the consumer welfare result we obtain the price in the product market after licensing with

bargaining from (2) as

( )( )1

112

+

+−+

=∑=

n

rcnP

n

jj

b

whereas the price after licensing via posted pricing is

( )( ).1

112

+

++−+

=−

=∑

n

mcnP

mn

mn

jj

pp

εε

Comparing the above two price equations, we obtain the condition in the Proposition.

Q.E.D.

24

The Proposition gives the condition under which licensing via one or another pricing mechanism

would yield more benefits to the consumer. Essentially which pricing mechanism is preferred

depends on the relative efficiencies of the set of firms and the firm-size distribution. If the

diffusion of licenses were equally broad under posted royalties then the rate would be ε2, the

royalty rate would be lower and the product market price also lower than with licensing via

bargaining. With the introduction of significant firm size asymmetries licensing becomes

restricted under the posted royalty regime. When the firm-size distribution is skewed towards a

large proportion of efficient firms then licensing with set rates is restricted to the smaller firms

and the royalty rate (εn-m) would then be set at a high level. With sufficient skewness towards

efficient firms in this firm-size distribution the average royalty rate under bargaining is lower

than that of royalty setting. The average royalty rate then determines the price of the ultimate

output given in (1) - when it is lower, then the product market price is lower and consumer

surplus is greater.

Using the same example as before where there were 4 firms with ε2 =0.1, ε3 =0.2, and ε4 =0.3

there are 8 solutions to the above nonlinear system of equations (solved numerically using

Newton’s method). Only one of those solutions which satisfies the logical constraint that εj ≥ rj

≥0, that solution being r2 = 0.067, r3 = 0.136, and r4 = 0.214. This yields a TNS to the licensor of

0.028 which is less than the TNS of 0.06 from the sale of one license under posted pricing. Thus

under this size distribution of firms the innovator would prefer to adopt posted pricing. If

however, the rival firms were relatively large, say ε2=0.01, ε3 =0.02, and ε4 =0.03, then the

solution to the royalty problem is r2 = 0.0069, r3=0.0142, and r4 = 0.0220. In this case the

innovator prefers bargaining as the bargaining solution yields a TNS of 0.0069 while the

maximum TNS under the posted price regime would be 0.0055 (again with one license).

Consumers also prefer the bargaining regime as the industry output is 0.7915 as opposed to

0.788 under the posted pricing of licenses. Comparing these two numerical examples illustrates

how the size distribution of firms interacts with the mode of marketing an innovation and that

exercising price discrimination can facilitate the diffusion of a technology.

25

4. Differentiated Bertrand Product Markets In this section we discuss to what extent our results are robust to the particular form of product

market competition. Clearly, firms could not exist with asymmetric marginal costs in

homogeneous Bertrand product markets so we examine markets of differentiated products. In

the case where the location of firms is fixed, the incentives to proliferate licenses increase but the

preferred licensees may change. This is due to the costs in lost product market profits to the

innovator would depend on the location of the licensee. Firms farther away from the innovator

would have less of an impact on the product market profits of the innovator. Again, firms with

higher marginal costs would be willing to pay more as their surplus from decreasing their

marginal costs would be greater. Consequently, the preferred licensees would be those with

higher marginal costs and located furthest from the innovator. But as only firms adjacent to the

innovator have direct effects on the product market profits of the innovator the costs of licensing

would be diminished compared to that of the previous analysis. Thus, the incentives to

proliferate the license would be greater with differentiated Bertrand and fixed locations.

If locations were variable then we must first address the issue of where firms locate when there

are asymmetric marginal costs. Does a firm locate closer to, or farther from a more efficient

rival? To answer this question, consider the simple case of the Hotelling model where

consumers are uniformly distributed on a unit line and have quadratic transportation cost. As

shown in Appendix II, the more efficient firm has an incentive to move closer to its less efficient

rival, while the less efficient firm wants to maximally differentiate itself from more efficient

firms to avoid price competition. Thus the effect of a proliferation of licenses of the innovation

using fixed fees will be that rival firms will become equally efficient and the former equilibrium

(if it existed) of symmetric locations will be restored. In this case, there will be a cost of

licensing to the innovator in terms of a smaller market area. However, this will again be

primarily due to the licensing of adjacent rivals and so the costs of licenses to rivals located

farther from the innovator will be by and large second order effects. Furthermore, as in the

Cournot analysis, licensing with royalties could mitigate these costs of licensing. Licensing

with fixed fees to a small set of licensees far away from the licensor can allow the licensor to

capture some of the business “stealing” effects from nonlicensing rivals. The basic feature, that

26

both the seller and the other buyers are concerned with the identity of the buyer(s), is revealed in

this analysis as well. Therefore, our result on a diffusion of licenses is robust to the type of

product market competition.

5. Conclusions and Discussion

The selling of a good or service where the identity of the buyer(s) is of interest to both the seller

and the other buyer(s) is studied. We have developed and analyzed a model of marketing a

license of a cost reducing technology to rival firms where those firms are asymmetric in marginal

costs. We examine which firms are sold licenses under different market mechanisms and using

different pricing structures. The market mechanisms examined are: posted pricing, where a price

is publicly announced and potential licensees accept or reject the offer, and Nash bargaining

where the innovator sets the price through a pairwise negotiation with each licensee. The price

structures studied are fixed fees and royalties per unit output. We find that the innovator would

prefer to: (i) use fixed fees for a certain set of licensees, (ii) when exclusively licensing with

fixed fees the optimal licensee is weaker than the optimal licensee under royalties, and (iii)

market its innovation via pairwise bargaining. We find that consumers would also prefer a

bargaining mechanism when the firm-size distribution is sufficiently skewed towards a large

proportion of large firms.

We also discuss how robust the results are to an alternative product market competition mode –

that of asymmetric differentiated Bertrand. This alternative mode of competition retains the

feature that both the seller and the buyers regard the identity of the buyer(s) as important. There

is still an aversion to making rivals more efficient. In this case, however, more efficient rivals

would be licensed if they are located far from the innovator. The result of the proliferation of

licenses still holds. Royalties would be more favored over fixed fees in order to keep rivals at a

distance. Fixed fees, however, would allow the licensor to capture business ”stealing” effects

from nonlicensing rivals. As differentiated Bertrand adds a new dimension along which firms

can be distinguished, the ability of the licensor to discriminate between licensees becomes all the

more important. This would then lead to the use of pairwise bargaining.

27

These results have implications for antitrust and technology policy. For example, courts in some

antitrust cases and the legislatures of certain countries have mandated licensing at a certain

royalty rate. In effect, they have required that the technology be marketed under the posted price

regime. This study suggests there are circumstances (firm-size distributions) where such

mandates would lead to unsatisfactory results and that allowing the innovator to price

discriminate while requiring the nonexclusive licensing can yield superior outcomes for

technology diffusion and for consumers.

References

Arrow, K., 1962, ”Economic Welfare and the Allocation of Resources for Invention”, in The Rate and Direction of Inventive Activity: Economic and Social Factors, Conference No. 13, Universities- National Bureau of Economic Research, Princeton University Press, Princeton, NJ. Baumol, W., 2002, The Free-Market Innovation Machine – Analyzing the growth miracle of capitalism, Princeton University Press, Princeton, NJ, U.S.A. Caves, R., H. Crookwell, and J. Killing, 1983, ”The Imperfect Market for Licensing” Oxford Bulletin of Economics and Statistics, Vol. 45, August, pp. 249-267. D’Aspremont, C., J.J. Gabsewicz, and J.-F-. Thisse, 1979, ”On Hotelling’s `Stability in Competition’ ”, Econometrica, Vol. 47, No. 5, pp. 1145-1150. Gallini, N., 1984, ”Deterrence by Market Sharing: A Strategic Incentive for Licensing”, American Economic Review, Vol. 74, December, pp. 931-941. Gallini, N., and R. Winter, 1985, ”Licensing in the theory of innovation”, RAND Journal of Economics, Vol. 16, No. 2, Summer, pp. 237-252. Gallini, N., and B. Wright, 1990, ”Technology transfer under asymmetric information”, RAND Journal of Economics, Vol. 21, No. 1, Spring, pp. 147-160. Kamien, M., 1992, ”Patent Licensing”, Chapter 11, Handbook of Game Theory with Economic Applications, (R. Aumann and S. Hart, eds.), Elsevier Science Publishers, Amsterdam, NL. Kamien, M., and N. Schwartz, 1982, Market Structure and Innovation, Cambridge University Press, Cambridge, England.

28

Kamien, M., and Y. Tauman, 1986, ”Fees versus Royalties and the Private Value of a Patent”, The Quarterly Journal of Economics, CI, No. 406, (August), pp. 471-491. Kamien, M., and Y. Tauman, 2001, ”Patent Licensing: The Inside Story”, MEDS Working Paper, Kellogg Graduate School of Management, Northwestern University. Katz, M. and C. Shapiro, 1985, ”On the Licensing of Innovations”, RAND Journal of Economics, Vol. 16, pp. 504-520. Katz, M. and C. Shapiro, 1986, ”How to License Intangible Property”, The Quarterly Journal of Economics, CI, No. 406, (August), pp. 567-589. McAfee, R.P., 1999, ”Four Issues in Auctions and Market Design”, forthcoming: Revista Analisis Economico, Department of Economics Working Paper, University of Texas, Austin. Reinganum, J., 1983, ”Technology Adoption under Imperfect Information” Bell Journal of Economics and Management Science, Vol. 14, No. 1, Spring, pp. 57-69. Rivette, K, and D. Klein, 2000, ”Discovering New Value in Intellectual Property”, Harvard Business Review, January-February, pp. 2-12. Rockett, K., 1990, ”Choosing the competition and patent licensing”, RAND Journal of Economics, Vol. 21, No.1, Spring, pp. 161- 171. Rostoker, M., 1984, ”A survey of corporate licensing”, IDEA, 24, pp. 59-92. Salant, S., and G. Shaffer, 1999, ”Unequal Treatment of Identical Agents in Cournot Equilibrium”, American Economic Review, 89, pp. 585-604. Spiegel, Y., 2003, ” ”, working paper, Department of Economics, Tel Aviv University. Sutton, J., 1997, ”Gibrat’s Legacy”, Journal of Economic Literature, 35, pp. 40-59. Sutton, J., 1998, Technology and Market Structure, M.I.T. Press, Cambridge, MA. Takalo, T., and K. Kultti, 2000, ”Incomplete Contracting in a Research Joint Venture: The Micronas Case”, Research Policy, Vol. 30, No. 1, pp.67-77. Thurow, L, 1997, ”Needed: A New System of Intellectual Property Rights”, Harvard Business Review, September-October, pp. 95-103. Tombak, M., 2002, ”Mergers to Monopoly”, Journal of Economics and Management Strategy, Vol. 11, No. 3, pp. 513-546. United States Department of Commerce, Survey of Current Business,Government Printing Office, Washington, D.C., October, 1998.

29

Wang, X.H.,1998, ”Fees versus royalty licensing in a Cournot duopoly”, Economics Letters, 60, pp. 55-62. Appendix I Proof of Lemma 2. Given the royalty rates of all other firms, (C4) is a concave quadratic equation in the variable r

j

which has two solutions

( ) ( )

( )122

1121241913 2

2

−+

+−−

+

=∑∑∑≠≠≠

n

nrnrr

rjj

jll

jll

jll

j

εε

with the added constraint that ( ) ( )

−+

+−≥

+ ∑∑

≠≠

2

2

11212419 jjjl

ljl

l nrnr εε for those

solutions to be real. Uniqueness is obtained through use of the comparative statics with respect to ε

j. As ε

j increases, the benefits of licensing increase to the licensee and the cost to the licensor

of lost product market profits become greater. Consequently to balance the surpluses the Nash bargaining solution must involve a higher r

j when ε

j increases. As the derivative of C4 with

respect to εj is

( ) .12124j

jll

j

nrC εε

−−

+−=

∂∂ ∑

This derivative is always negative which means that the concave function C4 shifts down and the lower root shifts to higher r

j while the higher root shifts to lower r

j. This implies that the only

solution for the rj in the equation above that satisfies the logical comparative statics for ε

j is that

which subtracts the second part of the numerator of the expression to the first part, i.e., the solution for r

j given in the lemma.

Q.E.D.

Appendix II– Differentiated Bertrand Competition with Asymmetric Costs

30

In this section we compute the equilibrium locations in a Hotelling model where the two firms have differing marginal costs. Assume a unit line with consumers uniformly distributed on the line and consumers face quadratic transportation costs (tx2 for a consumer located at x going to firm located at 0). Firms first choose locations on the line and then engage in price competition. Assume that firm 1 with marginal costs c

1 locates at point a and firm 2 with marginal costs c

2

locates at point 1-b where c1 < c

2. The demands for firms 1 and 2 are as D’Aspremont,

Gabszewicz and Thisse (1979) show

( ) ( ) ( ) ( ) .1221,

1221, 21

21212

211 batppbabppDand

batppbaappD

−−−

+−−

+=−−

−+

−−+=

With profit functions π

1(p

1,p

2)=(p

1–c

1)D

1(p

1,p

2) and π

2(p

1,p

2)=(p

2–c

2)D

2(p

1,p

2) the Nash

Equilibrium prices are

( )( ) ( )( ).1111 32*231

*1

abba batcpandbatcp −− +−−+=+−−+= Due to the envelope theorem

( ) ( ) .*1

1

222

*2

2*2

2

111

*1

1

∂∂

+∂∂

−=

∂∂

+∂∂

−=dbdp

pD

bD

cpdb

dand

dadp

pD

aD

cpda

d ππ

For positive markups and c

1 < c

2 it is easily shown that dπ

2 /db < 0 whereas dπ

1 /da < 0 only

when the degree of cost asymmetry is sufficiently low. Consequently, the Principle of Maximal Differentiation of D’Aspremont, Gabsewicz and Thisse holds only for low marginal cost differences, otherwise the low cost firm has an incentive to move closer to it less efficient rival.