Friday, June 26, 2015

Conway opens his gubernatorial campaign by barking up the wrong tree on gas prices

Even before he knew who his Republican gubernatorial opponent will be this fall – and indeed, even before his own all-but-certain nomination by the Democrats was official – Kentucky Attorney General Jack Conway fired his first shot in his bid to win the Bluegrass State’s top spot.

Unfortunately for him, his shot was a dud, missing the mark entirely.

Conway has long railed against gasoline pricing in Kentucky, blaming high costs at the pump on what he asserts is a monopoly on the wholesale market in the state by Marathon Petroleum. His latest salvo was a lawsuit filed in federal court last month. During his remarks following the filing of the suit, Conway lashed out at the Federal Trade Commission for what he calls inaction on his complaints about Marathon and its business practices since buying the Ashland Oil refinery in Boyd County several years ago.

Given the fact that the FTC is part of the Obama administration, and knowing how Democrats hate “Big Oil” and are constantly criticizing oil companies for ripping off consumers, if Obama’s FTC isn’t acting on Conway’s complaints, there must not be anything to them.

But at any rate, Conway’s ire is misguided. Instead of complaining about Marathon’s alleged refinery monopoly costing consumers money, he should really be looking at the collusion on pricing by retailers within individual markets.

If you travel much, it doesn’t take long to notice a pattern. Gas prices are pretty much the same at every station in a small town or community, or at every retailer in a certain area of a larger city. Within the city limits of Beattyville, there are four gas stations owned by three separate companies. Yet the price is the same at each one. Ditto for Jackson. Drive down the town’s main drag, and the price is the same at each of the five stations you’ll pass. When the price goes up at one, it’s not long before it goes up at all the others.

A few weeks ago, I had to go to Whitesburg for work. You can’t go any farther southeast in Kentucky than the Letcher County seat. Keep going in that direction, and you’ll be in Virginia in a few miles. Whitesburg is 80 miles from the Mountain Parkway, so it’s not exactly the most accessible place in the Bluegrass State. Yet gas prices there were consistently below $2.50 a gallon, easily the cheapest in the region. Still, all the stations there were selling gas for the same price.

Gas buyers will go out of their way for a bargain. It’s not uncommon for them to drive across town to save a few cents a gallon, spending more than they end up saving. Yet there’s no logical explanation for all stations in a certain market keeping their prices the same. Why won’t one station set its price a nickel a gallon less than everyone else to undercut the competition? There has to be collusion going on between the stations to keep gas at the same price. That’s the only logical explanation.

If one station lowers its prices, it makes good business sense for competitors to lower theirs. But where’s the logic in raising your prices when everyone else does?

Conway’s statement that the state is monopolized by the Ashland refinery is false on its face. When the city of Somerset opened its own gas station in an attempt to lower prices in the area, it made a big deal of pointing out that the city’s station would be buying its fuel from the recently-reopened Somerset Oil refinery. So there are other options available, but Conway wants to pretend otherwise. It’s easier for him to gripe about the big bad oil companies rather than looking for true solutions.

If Conway is really serious about lowering gas prices, here’s what he needs to do. Instead of complaining in front of the media and filing lawsuits that won’t go anywhere, he needs to send his investigators out into the state. Pick a town, any town, where prices are all the same. Let his team start asking how the retailers set their prices, and why they always raise their prices when certain competitors do. There have been press quotes from some gas station employees saying they’ve been told to raise their prices whenever the station across the street does so. Wonder if they’ll say the same thing if an “unsworn falsification to authorities” charge hangs over their heads?


But for some reason, Conway doesn’t want to risk alienating the gas station owners. He’d rather point fingers at a huge conglomerate and blame them instead of going after the root of the problem. He gets headlines and makes it look like he cares about consumers, but the reality is something totally different. If Conway wants to protect consumers, he’ll take a serious look at collusion among retailers. He can either eliminate it if it exists, or force them to provide a logical and believable explanation as to why everyone in town sells gas for the same price, and the collusion that seems so evident is really just a mirage.