Citizens United To Reform Bankruptcy Laws Blog

Thursday, April 21, 2005

Horizon Retirees Admitted To UMWA 1993 Benefit Plan

United Mine Workers of America President Cecil Roberts Hails Trustees' Vote to Admit Horizon Retirees in UMWA 1993 Benefit Plan

United Mine Workers of America (UMWA) President Cecil Roberts hailed today's vote by the UMWA 1993 Benefit Plan trustees to admit retirees from Horizon Natural Resources Inc. and their dependants to the 1993 Benefit Plan, which restored full health care benefits to nearly 2,500 people.

"This victory is the first ray of light these good people have seen in months," Roberts said.

"Their lives have been needlessly and unjustly turned upside down since last August, and this is a first step towards restoring to them the health care benefits that are rightfully theirs."

In August, 2004, a U.S. Bankruptcy Court judge terminated the health care benefits for about 5,000 active UMWA members, retirees and dependents at Horizon as part of his ruling that liquidated the company's assets. Some 2,500 retirees and dependents were eligible for coverage through the UMWA 1992 Benefit Fund. Health care benefits for the remaining 2,500 have been paid directly by the UMWA for the last six months, however those benefits will expire on April 30.

"Much more needs to be done before benefits are assured for the long term," Roberts said. "The 1993 Fund is already in a precarious financial position, and adding these beneficiaries will only add to the 1993 Fund's problems. Without quick action by CongressCthis yearCthe 1993 Fund will be in serious financial difficulty."

"Congress has the ability to help these people, and there are several ways it can do it," Roberts said. "Which ever way it chooses, Congress must act quickly to do the right thingCthe responsible thingCand give these retirees and their dependents the peace of mind they've earned."

"These people worked hard for 30, 40, even 50 years in the mines, putting their lives on the line every day to provide our nation with the energy it needs, and always believing the promise they were given by Harry Truman in 1946--reaffirmed by two United States presidents and two acts of Congress--that they would have health care when they retired," Roberts said. "A single bankruptcy judge ripped that promise away. It's incumbent on Congress to live up to America's promise to these miners, and do it now."

Unlike the CBF and 1992 Benefit Fund, which are included in the Coal Act and have mandatory employer contribution rates set by congressional statute, the 1993 Fund is solely funded by employer contributions negotiated in collective bargaining agreements. Current contribution rates are inadequate to cover benefits due to the skyrocketing cost of health care. The current contract does not expire until December, 2006.

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Forward,|ooking statements in this action may be identified through the use of words such as: "pr0jects", "f0resee", "expects". in compliance with Se'ction 17. {b), we disclose the holding of EGTY shares prior to the publication of this report. Be aware of an inherent conflict of interest resulting from such holdings due to our intent to profit from the liquidation of these shares. Shar,es may be sold at any time, even after positive statements have been made regarding the above company. Since we own shares, there is an inherent conflict of interest in our statements and opinions. Readers of this publication are cautioned not
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I am writing to you to find out some questions and concerns about the Horizon taking away the benefits of the coal miners in Kentucky, West Virginia and other states after a kentucky law judge decided that Horizon should not be responsible to pay these men for their lifes. I say Lifes because my dad worked at Cyprus Mountain coals before it was taken over by several companies and finall;y falling into the hands of ICG. I want to know is ICG going to do to those miners families at Sago what they done to the miners who worked all their lives in the mines and strip jobs, breaking their backs and knees down, many having to retire early due to a disablity received on the jobs. My dad is among many of these brave men that risk their lives daily going into the coal mines or working on a strip job under thousand feet high "high walls" mountains. My dad worked under one of these high walls all of his live. He did get hurt on the job after the rock truck he was driving, (after he filled many complaints to the company that the hydralic on his truck was messed up, nothing was done about it) several days later my dad faced the worst ordeal in his working career, the hydralic just let the truck bed go down full force on the truck with my dad inside, he sustained injuries that disabled him for the rest of his life. He had to retire earlier then he had expected, although he worked for Cyrpus Mountain coals for 13 years not to mention he had worked in mines or strips jobs for 30 plus years. My dad wanted to continue working for his family, he did not want to have to retire and draw benefits from the state, he went from 50,000 plus a year for work to around 18000 yearly on benefits. But when that judge made his decision, my dad lost his workmens compensation and his retirement that he worked all his life for. Over 90% of the workers that works at these compaines, look ahead for the forture like my dad did, for in cases like the unfortunate one where he had to retire. Then, with one deicion a judge took away what my dad worked for for over 30 plus years, taking away our medical benefits, health, precription, hospital, plus many more, not to mention the money he had paid into the states and the company over the years for times like he had to face when he had to retire. These men look for the future, what they will have when they have to retire or get disbled on the job, then to find out that with one wave of the gaval a judge was allowed to take what he worked for all his life away. Just one other guy comes to mind about what this decision reflected on these retired miners lifes. One guy was unable to afford his medication for his heart, also, the decrease in money and benefits, caused this man to be unable to afford a phone in his house, this man had a heart attack and by the time his family got to the neighbors house and got 9-1-1 to their home. This man was Dead. I think that Horizon and that judge should have to go back to court and reeimburse these men their benefits back. Make that judge go to work in a coal mines or on a strip job for one week, and do the hard manual labor that they really have to do, (dont make it easy on the judge) make him face it head on what the miners face to get the coal for the industry and no doubt for this judges luxuries, along with the nations and maybe this judge might take another look at the lawsuit and give these men back what he took away, what they worked all their life for. What they paid with their health with for. There has been some rumors that Horizon has given some of the employees their benefits back, is this true? If so, how do I go about getting my dads benefits back. I think that I will email some of the families in W.V. and let them read this and add on some more and tell them not to allow that Sago and ICG to do to them what ICG, Horizon and the judge in lexington, kentucky done to my dad. Thank you for your time, please email me back and let me know if this rumor is true, so I can pass it onto the many miners that are suffering tramatically right now, due to this awlful judgment. There is no replacing the man that had a heart attack because he could not afford his medicine or a phone in his home, but I think his wife should get back what she and he both had. Please help us to get this benefits back to these miners that dearly deserve it.
God Bless you

 
At 12:28 PM, Anonymous tristarbaby said...

I am writing to you to find out some questions and concerns about the Horizon taking away the benefits of the coal miners in Kentucky, West Virginia and other states after a kentucky law judge decided that Horizon should not be responsible to pay these men for their lifes. I say Lifes because my dad worked at Cyprus Mountain coals before it was taken over by several companies and finall;y falling into the hands of ICG. I want to know is ICG going to do to those miners families at Sago what they done to the miners who worked all their lives in the mines and strip jobs, breaking their backs and knees down, many having to retire early due to a disablity received on the jobs. My dad is among many of these brave men that risk their lives daily going into the coal mines or working on a strip job under thousand feet high "high walls" mountains. My dad worked under one of these high walls all of his live. He did get hurt on the job after the rock truck he was driving, (after he filled many complaints to the company that the hydralic on his truck was messed up, nothing was done about it) several days later my dad faced the worst ordeal in his working career, the hydralic just let the truck bed go down full force on the truck with my dad inside, he sustained injuries that disabled him for the rest of his life. He had to retire earlier then he had expected, although he worked for Cyrpus Mountain coals for 13 years not to mention he had worked in mines or strips jobs for 30 plus years. My dad wanted to continue working for his family, he did not want to have to retire and draw benefits from the state, he went from 50,000 plus a year for work to around 18000 yearly on benefits. But when that judge made his decision, my dad lost his workmens compensation and his retirement that he worked all his life for. Over 90% of the workers that works at these compaines, look ahead for the forture like my dad did, for in cases like the unfortunate one where he had to retire. Then, with one deicion a judge took away what my dad worked for for over 30 plus years, taking away our medical benefits, health, precription, hospital, plus many more, not to mention the money he had paid into the states and the company over the years for times like he had to face when he had to retire. These men look for the future, what they will have when they have to retire or get disbled on the job, then to find out that with one wave of the gaval a judge was allowed to take what he worked for all his life away. Just one other guy comes to mind about what this decision reflected on these retired miners lifes. One guy was unable to afford his medication for his heart, also, the decrease in money and benefits, caused this man to be unable to afford a phone in his house, this man had a heart attack and by the time his family got to the neighbors house and got 9-1-1 to their home. This man was Dead. I think that Horizon and that judge should have to go back to court and reeimburse these men their benefits back. Make that judge go to work in a coal mines or on a strip job for one week, and do the hard manual labor that they really have to do, (dont make it easy on the judge) make him face it head on what the miners face to get the coal for the industry and no doubt for this judges luxuries, along with the nations and maybe this judge might take another look at the lawsuit and give these men back what he took away, what they worked all their life for. What they paid with their health with for. There has been some rumors that Horizon has given some of the employees their benefits back, is this true? If so, how do I go about getting my dads benefits back. I think that I will email some of the families in W.V. and let them read this and add on some more and tell them not to allow that Sago and ICG to do to them what ICG, Horizon and the judge in lexington, kentucky done to my dad. Thank you for your time, please email me back and let me know if this rumor is true, so I can pass it onto the many miners that are suffering tramatically right now, due to this awlful judgment. There is no replacing the man that had a heart attack because he could not afford his medicine or a phone in his home, but I think his wife should get back what she and he both had. Please help us to get this benefits back to these miners that dearly deserve it.
God Bless you

 
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The Letter!
Monday, October 24, 2005 AMERICA SUCKS! Angry | DEVIL WENT DOWN TO GEORGIA (OR SHOULD I SAY SAN ANTONIO)

COPY OF LETTER SENT TO PRESIDENT ON MARCH 27 2005 AS OF THIS DATE, OCT 22 2005 I HAVE YET TO RECEIVE A RESPONSE OR RELIEF! UPDATE: JANUARY 2, 2006 - STILL NO RESPONSE FROM THE GREAT WHITE FATHER! ANYONE NOTICE HOW HE CAN'T GIVE A SPEECH WITHOUT FUMBLING THROUGH HIS NOTES-----THE MAN(?) IS LOOSING WHAT LITTLE HE HAD TO START WITH JUST TRYING TO COVER UP HIS DEALINGS AND THOSE IN HIS EMPLOY! PRIME EXAMPLE OF GOOD OL' BOY NETWORK---THE JERK HE HAD AS HEAD OF FEMA - NOTHING MORE THAN A POLITICAL PAYBACK....AT THE EXPENSE OF YOU AND I ......THE ONES FORCED TO PAY FOR THE MESS! OH, AND JUST TO NOTE....I DON'T AFFILIATE WITH ANY POLITICAL PARTY, THEY ARE ALL CROOKS!

WHERE THIS NATION TOOK A WRONG TURN WAS WHEN POLITICS BECAME A CAREER, A COLLEGE DEGREE,A GIANT CORPORATION, FULL OF NEPOTISM AND SECRET FRATERNITIES ETC. INSTEAD OF A PUBLIC DUTY AND SERVICE TO OUR "FELLOW AMERICANS".

COPY OF LETTER SENT TO PRESIDENT GEORGE W BUSH ON MARCH 27, 2005

Mr. President


I am writing to you concerning additional reform measures which must be addressed to protect the back bone of the American Economy – The Small Business Owner.

On August 3, 2004 my franchisor, Schlotzsky’s Inc. and its affiliates filed for Chapter 11 Bankruptcy protection. My husband and I have been franchisees in San Marcos,Texas since 1993 and on March 20, 2005 we were forced to cease doing business as a Schlotzsky’s Deli Restaurant at our two locations in San Marcos. I can never put into words the devastation this will mean to me and my family as well as the hard working employees of our business.


I have learned more about the bankruptcy process over the last few months than I ever wanted and have learned that once again Big Corporate American holds all the cards in their hand while those like myselfbare the devastation of our livelihood and life savings while Big corporate America reaps the benefit of “starting anew”. We have been thrown into financial devastation with no protection and most likely will be thrown into certain financial ruin as a result of the laws which allow Big Corporate America to emerge with a fresh start.


I have learned that Corporations are allowed to make pre-bankruptcy plans and cut back room deals with their creditors prior to even filing for bankruptcy. I have learned the deals are even cut as these corporations “shop” a bankruptcy court in which to file. I have learned that those with the deepest pockets and ability to hire the best attorneys have the ability to fast track the process so that those like myself who do not have the funds to hire law firms to respond to the fast track maneuvers of the corporate attorneys certainly come out loosing everything in the end. All the while Big corporate America receives some sort of compensation in the bankruptcy process while others like myself loose everything they have invested throughpure sweat equity and a belief in the democratic model of the American way.My franchisor was allowed to elect a 363 sale of assets in their chapter 11 bankruptcy to the Bobby D. Cox Companies, President Bob Barnes. All the while some 400+ franchisees were told to just hold on, this is what is best and this is what it will take to survive the errors of prior management and this will end with our businesses surviving and the blood, sweat and sacrifice of doing whatever it takes to hang on will result in the survival of our individual investments for all these years. “We are nothing without you”, “You are our only true assets”, “We have nothing to sell without you”, “We must hold together to survive”, these are all the words we heard throughout the bankruptcy process.


Then……….the end result……….the purchaser in the 363 election is allowed to “Cherry Pick” the assets to purchase. Back room deals were cut and 44 franchise agreements were out. Never mind what this meant to the individual SMALL BUSINESS OWNERS of those 44 franchise agreements, they were out….with the stroke of a pen! Never mind the past twelve years of sacrifice, hard work and money we had invested, it was all gone…..with the stroke of a judge’s pen! We are by “Law” treated as merely Executary contracts, contracts which can be rejected and done away with in the bankruptcy process which allows the filing corporation to survive with a “Fresh Start”. All the while the secured creditors, unsecured creditors, attorneys, and bankruptcy courts receive something for their investment while the true backbone of the corporation itself, the franchisees are thrown away without any consideration for the investments they have made and the contribution to the very existence of the corporation.


In our particular situation the purchaser took advantage of the 363 election to take back an entire market, a market which is the second fastest growing economic market in the state of Texas. They were allowed by the legal process to pull the financial rug out from under us! A market which we invested every financial resource we had because we believed in the business and that it could and would survive. We trusted the bankruptcy laws to protect our business and our family and in this trust we have lost everything we have worked for these past 12+ years………all with the stroke of a judge's pen! And the blessing of the current bankruptcy laws! We did the work! We made the personal sacrifices! WE ARE SMALL BUSINESS AMERICAWe did everything we could to hold on! And now what??

I have said that we have been Franchisees for twelve years when in fact our contribution to this business is more accurately 27 and 25 years for my husband andmyself respectively. This is because we have been involved in the growth of this business even prior to becoming SMALL BUSINESS OWNERS. We were both employees of the corporation and other franchisees prior to finally becoming owners. So as you can see we have invested almost a lifetime in building a business which we now find ourselves ousted at the stroke of a pen! Yes, we have invested a lifetime only to have everything taken from us through the “Fresh Start” doctrine of the bankruptcy code!
My husband is the epitome of a poster boy for the American Way “that is recited day in and day out to the Hispanic children of . Work hard and you will receive the benefits of your hard work and sacrifice. My husband came from absolute poverty. He grew up in , working on a ranch, chopping cotton and picking strawberries so that his family could put food on the table. He willingly served his country in South East Asia during the Vietnam War. He attended college on the GI Bill with barley enough money to live on and many times having to study by candle light because he didn’t have enough money for a place to live. In the 23 years we have been married never once has he complained about what he didn’t have while growing up. Quite the contrarily. He encouraged all the children he mentored to work hard and not dwell on what they thought they didn’t have but to set their goals high and work hard and set their goals high and trust that their hard work would help them succeed in life.

This is the exact work ethic he has instilled in his own sons, age 21 and 8. Work hard, be honest and carry God in your heart and you will succeed in life. And with your success pass it on to those who follow you.



Our 21 year old son is now a junior at Texas A&M. He is a son who any parent would be proud of. A Christian young man embarking on his path in life. A young man who has his own personal challenges to overcome in the form of learning disabilities but willing to hold hard and fast to his Christian upbringing and work harder than some to achieve his goals.



“Maybe a reason but never an excuse” is what we have always lived by in relation to his learning disabilities and hard work will result in successes. A young man who was told at the beginning of the Spring semester that our financial situation was uncertain and our ability to help him in his college pursuit was over. That now he was old enough to be on his own and he would have to find a way to continue with his education. Something that we certainly did not plan on but was now a reality given the state of our business and the fact that we still had to provide for his eight year old brother. This was the most difficult conversation we have ever had with our son; one we never thought would come to pass. He is working very hard to continue with his education and goals, he has stepped up to this responsibility and hopefully will be able to complete his education and become a contributing individual to the American Society and not a burden to the hardworking members of the United States of America



Over these past few months I have wondered if the American Way is truly the best way. I too have had many personal obstacles to overcome but choose to put those aside given the obstacles my husband has had to overcome. I have always been a champion for the underdog and will always speak up for those who are unjustly trampled upon. I willsay this much though. My ancestors came to Texas in 1846 from what is now known as Germany. They came seeking freedom from oppression of the era and spoke up for all while suffering the consequences even including death for what was right. My Great Grandfather served two terms in the House of Representatives of the State of Texas and his picture still hangs in the capital in Austin. He believed in hard work and equality and passed this down to his children and they to their children.

In closing, change MUST come. We are the Backbone of America! Without us the United States will certainly collapse. On our backs rests the future of America as we now know it, that which was formulated and dictated by the founders of this country!


Put ME in front of your senate subcommittee, let ME tell America the truth of the laws on our books! Corporate American Rules – Democracy and Capitalism is an illusion!

 
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At 3:40 AM, Anonymous sense said...

1. Introduction Two of the most common non-price mechanisms that allocate
objects to individuals are auctions and lotteries. In auctions the probability
that player i wins depends on the other bids, as well as the size of payments.
In a lottery all agents have the same probability of wining the object, and the
actions of the other players might affect the winning prize (for example, when
there is more than one winner the winning prize will be divided equally) but do
not affect the probability of winning. In this paper we conduct - both
theoretical and empirical - analysis of a selling mechanism that combines
elements of an auction and a lottery. The mechanism studied is used by the
internet portal http://www.BestBidsAuction.com, which also provided data of its
auctions. Before each auction, the auctioneer determines three parameters of the
auction: the highest bidallowed (which is less than 10% of the retail value of
the object), the maximum number of bids allowed before the auction closes, and
the entry fee each bidder needs to pay when submitting his bid. All of these
values are made public before the bidding starts. After the bidders pay the
participation fee, they submit sealed bids, less than or equal to the highest
bid allowed. The winning bid is the highest unique bid (in the sense that no one
else bid exactly the same amount) among all bids received. The winner then pays
his bid price and obtains the object. We call the selling mechanism adopted by
the portal a Gambling Auction, because it has features that make it a
combination of an auction and a lottery. First, the bid and the probability of
winning are not monotonically related, because a lower bid might well win the
auction if many bidders are placing high bids. Consequently there is no obvious
bid that maximizes the probability of winning and, as we show, in equilibriumall
bids provide the same probability of winning. Second, this mechanism is not a
pure lottery either because the winning probability is determined by the action
of the biddersand not by an exogenous randomizing device: the winner is the one
that submits the highest unique bid. Note that, under the symmetric Nash
equilibrium of the game, the equal winning probabilities this auction creates
and the expected payments can be 2


implemented using a lottery and thus the two types of mechanisms are outcome
equivalent if the bidders are risk neutral and follow the symmetric
equilibrium.2The theoretical analysis finds that in a symmetric equilibrium each
bidder chooses his bid using a distribution function over a support that has no
gap. This equilibrium strategy is increasing; namely the probability of placing
a higher bid is not less than that of a lower bid. The intuition is that
otherwise a higher bid would make winning more likely and thus be more
profitable than a lower bid, which would makeeveryone prefer it, destroying the
alleged equilibrium bidding pattern. We test this prediction with a novel data
set collected from the portal http://www.BestBidsAuction.com, which implements auctions
described above. The data confirms that the probability of a higher bid is not
less than a lower bid. We also find that an increase in the number of bidders
increases the number of bids for a given slot, although reduces the probability
that each bidder places his bid at this given slot. This leads to an increase of
the distance between the maximum bid allowed and the actual winning bid. We also
tested the theoretical prediction that each bid has the same probability of
winning by constructed a frequency table (Table 4). This table measures the
frequencywith which the highest bid wins by calculating the number of auctions
in which the highest bid won divided by the number of instances in which a
highest bid was placed. We repeat this exercise at lower bid levels and ask
whether the empirical frequencies are2This Gambling Auction is also interesting,
because it can be used in countries or U.S. states that forbid gambling, because
the rules of the mechanism do not meet the traditional definitions of lottery.
The mechanism might attract people who like participating in gambling
activities, since at a relatively low cost one have the opportunity to win a
sizable prize. The auctioneer will make more money using this mechanism than by
regular auction mechanisms if participants are risk lovers. Empirically, this is
the case since these auctions have a negative expected profit for a bidder. This
mechanism is similar to a rotating saving and credit associations (roscas) in
which group of people save for indivisible good. Each period allthe people
contribute to the rosca and it is given to someone randomly that is able to get
the good. In thenext period it is given to somebody else and so on (see Besley,
Coate and loury (1993)). In our mechanismthe good is also distributed eventually
randomly and each individual pays the participation fees, but theexpected payoff
is negative, since the auctioneer obtains a positive profit and the winner pays
extra amount of money (the winning bid) in order to get the good. 3

Page 4
indeed equal as suggested by the theory. Some formal chi-square tests and
informalanalysis suggest that the theoretical bid distribution is not consistent
with the data. In addition, unlike other studies that estimated the demand for
lottery games and found that consumers respond to the expected returns, we found
that consumer demand for this lottery is not sensitive to the expected payoff
but it is sensitive to the size of theprize. The paper is organized as follows.
In the next section we characterize the equilibrium strategies of the auction
game and provide some comparative static results. Section 3 describes the data,
while Section 4 performs empirical analysis. A final section offers some
concluding remarks. 2. Theoretical considerations We will first describe the
model we consider and then show that in a symmetric equilibrium a higher bid is
chosen with higher probability. There are kbidders3=3who all value the object at
the retail price, v. After paying an entry fee of c each bidder submits a sealed
bid that is less than a maximum value b << v. We assume that each bidder places
only one bid. There is a minimum bid increment, which we normalize to 1. The
winner is the one who placed the highest bid that was not bid by anyone else. If
there is no such bid, then we assume that the seller runs the auctionagain with
the same set of bidders. The internet portal reports that, in the rare event of
no unique bid, the bidders will be notified about the situation and asked to
submit a new bid without additional charge. The winner has to pay an amount
equal to his bid, while the losers only pay the entry fee. In addition we assume
that k, v and b are such that inequilibrium the winning bid is close to b; in
other words, we assume that the bid increment is low compared to the value of
the object, and thus the winning bid is close to 3In the auction at the above
website only the maximum number of bidders is specified, but the number of
actual bidders is usually close to the allowed maximum number of bidders, so one
may assume that the number of bidders is a known constant, k.4

Page 5
the maximum allowed bid b.4Under such conditions we make the simplifying
assumption that each bidder is interested in maximizing his probability of
winning the object, ignoring the payment consequences of his bid.5The entry fee
is already sunk at the bidding stage, so it does not affect bidding strategies.
First, note that the above game has an equilibrium, since after imposing
aminimum bid requirement of 0, the auction becomes a finite game. Moreover,
using Kakutani�s fixed point theorem we may also show that a symmetric (mixed
strategy) equilibrium exists. Claim 1: In any symmetric equilibrium there is no
gap in the support of the equilibrium strategy. Proof: Suppose there was a gap
at b�. Then bidding b� would strictly dominate bidding the next available bid
b�-1, which yields a contradiction in that b�-1 is in the support of the
equilibrium strategy. Note, that the above claim also implies that the high end
of the support is the maximum allowed bid, b. Then a symmetric equilibrium is
characterized by the number of bidsemployed, n, and the probabilities of each of
those bids,)1Pr(+-=ibpiwhere i = 1,�,n. Theorem 1: In a symmetric equilibrium
the probability of a higher bid is not less than a lower bid: i >j implies that
pi= pj. Moreover, pi = pjcan hold only when there are four bidders. In that
case, the unique equilibrium has p1= p2 = 1/2. Proof: See the appendix A. 4On
average, the distance between the winning bids and the maximum allowed bid in
our data is less than14 cents on average, and the maximum distance is less than
$1.5. 5The bidder�s problem is to choose bithat will maximize: P(bi)(V- bi)-C=
P(bi)(V-b+b-bi)-C= P(bi)(V-b)+P(bi)(b-bi)-C, where P(bi) is bidder i probability
of winning the object when placing a bid of bi, V is the object valuation, b is
the highest bid allowed and C is the participation cost. If all bidders follow a
symmetric equilibrium, then the probability of receiving the object is the same
for each bidder. Asmentioned before, the distance between the winning bids and
the maximum allowed bid in our data is lessthan 14 cents on average, and the
maximum distance is less than $1.5. So on average, when one maximizesthe
probability of winning the object and ignores the second part of the objective
function; one ignores a monetary incentive of only a few cents. If we drop this
simplifying assumption then our results do not hold as stated. It is no longer
necessarily true that the equilibrium does not have a gap, since the equilibrium
weidentify in the simplified game is not robust to large deviations, when a
bidder places a bid close to zero.However, since the largest admissible bid is
less than 10% of the value of the object, the incentive for this deviation might
be neglected in a first approach to model this game. This approach is also well
supportedby the data, since winning with a very low bid is very unlikely, as it
will be noted in the next section. 5

Page 6
The intuition behind these results is clear. Suppose, that the other bidders
randomize equally among the bids B = {b1., b2, �, bn}, where b1> b2> � > bn.
Then it is easy to see that if bidder i places the bid b1, then he has a higher
probability of winning then with any other bid that belongs to B. But this
yields a contradiction, because in a symmetric equilibrium bidder i use a mixed
strategy with support on B, and thus he isindifferent between any of the bids
belonging to B. The incentive to bid high iseliminated only if a bidder expects
that there are more bidders who placed a high bid than who placed a lower one.
Thus, in equilibrium each bidder must place a higher bid with higher
probability. Let us consider some examples with a small number of bidders.
First, if there are three bidders, then, in the unique equilibrium all the bids
down to zero are used. With Tpossible bids including 0 it holds that for all 1 <
i < T, pi= 1/ 2T-iand p0=1/ 2T-1is theunique symmetric equilibrium of the game.
If k = 4, it is easy to show that the unique symmetric equilibrium is such that
p1= p2= �. In the case when k = 5 an equilibrium is such that
0.010}.p0.083,p0.197,p0.337,p0.372,{p54321=====We can confirm that it is indeed
equilibrium. A bidder�s utility is his probability of winning plus the
probability of a complete tie divided by five. Suppose that a bidder places the
maximum allowed bid. A bidder wins in this case if no one else placed thisbid,
i.e. with probability .)1(w411p-=A complete tie occurs, if one or two other
bidders placed the highest bid and the other two or three placed the same bid,
or if all others placed the highest bid. This probability is
.)(p})(p)(p)(p){(p)(p6})(p)(p)(p){(p4pt4125242322213534333211++++++++=Since in
equilibrium each bidder obtains a utility of 1/5 we obtain the following
condition:.515w11=+t6

One can compute the corresponding probabilities, wi, tifor i = 2,3,4,5 and write
up thecondition that for all i:6.515wi=+itThen one obtains 5 equations in 5
unknowns (the �s) and this system has a unique real valued solution, the vector
stated above. Finally, one needs to check that by placing a lower bid than bid
5, the achieved utility is not higher than 1/5. By placing such a bid the
deviating bidder wins if and only if the other four bidders tied. Then the
incentive constraint can be written as: ip.51622514=+???=jijiiipppThe proposed
strategy profile satisfies these conditions and thus it is equilibrium.For k = 5
the distribution of the winning bid is
.}011.0,098.0,211.0,325.0,357.0{54321=====pppppFor k = 6, an equilibrium is
0.109},p0.248,p0.309,p0.334,{p4321====and the distribution of the winning bid is
}.122.0,247.0,303.0,329.0{4321====ppppFor k = 7 an equilibrium is
0.078},45p0.296,{54321=0.137=,0.22=,0.26==pppp7and the distribution of the
winning bid is .}084.0,137.0,219.0,272.0,287.0{54321=====pppppIt is apparent
that the size of the support of the equilibrium strategy is not monotonic.
Excluding the case of 3 bidders, which seems non-generic, one conjecture 6The
corresponding probabilities for wiand tiare different for every i. In order to
save space the complete set of equations is not reported here but it is
available upon request from the authors. 7We did not show that the above
equilibria are unique for a given k. For this one would need to show thatif one
considers a different number of bids for a given k than the one considered
above, then no solutionexists to the resulting system of incentive constraints.
We only showed at this point that there are no other equilibria for k=4, 5, 6, 7
when we consider up to 7 possible bids. Our conjecture is that these equilibria
are unique in these cases and moreover, for any k there is a unique equilibrium
of the game.7


that emerges is that the more bidders there are the less concentrated become the
equilibrium strategies. Although there is no monotonicity in the length of the
support with respect the number of bidders, our conjecture is that the expected
distance betweenthe maximum allowed bid and the winning bid (the Gap) increases
with the number ofbidders. Namely, it is more likely that a bid further from the
maximum becomes the winning bid when the number of bidders increases.
Theoretically this is the case when the number of bidders is 4, 5, 6 or 7.83.
The DataThis section describes the data. The data source is
BestBidsAuction.com 9which is the Internet website of Best Bids Auction, a
Arizona company that manages and implements private auctions designed to raise
money for selected charities and member non-profit fundraising organizations.
The internet auction process is a combination of a lottery and an auction.
Before each auction, the auctioneer determines, among other things, the highest
bid allowed and the maximum number of bids that will be accepted for the
auction, and makes this information available for the bidders. In order to
participate in an auction, bidders submit sealed bids, less than or equal to the
highest bid allowed in US dollars and cents and agree to pay a bidding fee for
each submitted bid. The auction is a sealed bid auction in the sense that when a
bidder submits a bid he does not know what the other bids are until the auction
is over. Each auction is closed when it receives the maximum number of bids or
meets the other closing requirements.10After the auction closes, the participant
that submitted the successful (winning) bid is determined. The successful bid
8The expected Gap when k = 4 is 5.04=g, and for the other cases it is,
078.1*4...*055515=++=ppg162.16=gand 458.17=gwhen the number of bidders are 5, 6,
and 7 respectively. 9All the information has been taken from
http://www.BestBidsAuction.com. 10An auction will remain open until either the maximum
number of bids allocated for the auction is reached or the auction reaches
maturation (63 days for auctions requiring less than 200 bids, and 183 days for
auctions requiring 200 or more bids) and has received the minimum number of bids
required to close. If the minimum number of bids has not been reached, the
auction will be extended until the minimum numberof bids is met. At that time, a
closing date of three days will be set and posted on the auction. 8

Page 9
is the highest unique bid out of all bids received in the auction.11Duplicate
bids are used to calculate the number of bids required to close an auction but
are disqualified from being selected as the successful bid. For example, if a
single auction includes the following four bids: $69.42, $69.42, $48.69 and
$65.44, the winner will be the one who submitted $65.44. In the very unlikely
event that an auction closes and there is not a unique bid, all participants
receive an e-mail describing the situation and are asked to submit a new bid
without additional fees. Table 1 gives summary statistics from the different
auctions that took place during 2003 and 2004. The information provided on the
website includes all auctions that havebeen conducted in this period. The
products auctioned were electronic appliances (computers, TV�s, video games etc)
and gift cards (provided by Target, Shell, Wall-Mart, Starbucks etc). The mean
retail value of the items auctioned was $414.169. The most expensive item
auctioned was a Panasonic 42�� Plasma TV with a retail price of $4999, while the
cheapest item was a Nintendo Game Boy with a retail price of $79.99. The Maximum
Allowed Bid was almost always identical to the Maximum Submitted Bid, which
means that in almost all the auctions the highest submitted bid was the highest
allowed bid.12On average, the maximum allowed bid was 7.2% of the retail
price,13and it had a mean of $30.83. The highest Maximum Allowed Bid, $624.38,
occurred in the case of the Panasonic 42�� Plasma TV, while smallest Maximum
Allowed Bid, $2.94, was in the case of a $100 Starbucks gift card. The average
winning bid was $30.70, and it was, on average, 13.69 cents below the Maximum
Allowed Bid (and the maximum submitted bid). We define Gap as thedifference
between the maximum allowed bid and the winning bid. The minimum of this
variable is 0, which mean that the maximum allowed bid was the winner. The
maximum 11A unique bid is a bid that is not a duplicate bid. A "duplicate bid"
is a bid submitted by a participant in anauction where another participant(s)
has submitted a bid(s) for the identical amount.12There are 15 cases out of 310
in which the highest submitted bid is less than the maximum allowed bid. In 10
cases the difference is 1 cent. 13It seems that the auctioneer choose the
Maximum Allowed Bid such that it will be, on average, less than 10% of the
retail price. An OLS regression of the Maximum Allowed Bid on the retail price
yield a coefficient of 0.072 with standard error of 0.0024 (t-value of 29.59)
and R squared of 0.7398. It seems that the Maximum Allowed Bid is also
positively correlated with the Number of Bids per auction. An OLSregression of
the Maximum Allowed Bid on the Number of Bids yield a coefficient of 0.375 with
standarderror of 0.020 (t-value of 18.37) and R squared of 0.5228. An OLS
regression of the Maximum Allowed Bid on both the Retail Price and the Number of
Bids per auction yields coefficients of 0.1765 on the retailprice and -0.6648 on
the Number of Bids, both significant at 1% level. 9

 
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