Network investment and the threat of regulation: avoiding monopoly or infrastructure extension
Christian Growitsch, Niels Krap
Wirtschaft im Wandel,
No. 5,
2006
Abstract
In summer 2005, Deutsche Telekom announced its plans for the buildup of a new fiber glass network. At the same time, it formulated the condition that this network was not to be regulated concerning pricing or use by other providers (network access). In order to make this investment possible, in its coalition treaty the big coalition agreed to exclude the new network from the ex-ante regulation and to include this freedom from regulation in the telecommunication law. The question is now how investments can be facilitated and, at the same time, welfare losses through monopoly gains can be avoided. Applying game theory, it can be shown that a regulation authority like the ‘Bundesnetzagentur’, which is responsible for German telecommunication sector, should signal an increasing tolerance for deviations from its calculated and determined regulatory price in the face of increasing uncertainty concerning expected cost and returns. Thus, the threat of regulation alone leads to tolerable prices, without the actual regulation taking place. In the future, the ‘Bundesnetzagentur’ should reduce information asymmetries and the optimal level of tolerance in order to achieve a more precise intervention price and a more effective threat of regulation. The effectiveness of such a threat decreases if the legislation prevents the regulation authority from using this instrument by law. Against this background, the recent Federal Government resolution from March 17th 2006 noveling the telecommunication law heads for the economically right direction but it has to prove its incentive compatibility in the daily legal practice.
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Economies of Scope in European Railways: An Efficiency Analysis
Christian Growitsch, Heike Wetzel
IWH Discussion Papers,
No. 5,
2006
Abstract
In the course of railway reforms in the end of the last century, national European governments, as well the EU Commission, decided to open markets and to separate railway networks from train operations. Vertically integrated railway companies – companies owning a network and providing transport services – argue that such a separation of infrastructure and operations would diminish the advantages of vertical integration and would therefore not be suitable to raise economic welfare. In this paper, we conduct a pan-European analysis to investigate the performance of European railways with a particular focus on economies of vertical integration. We test the hypothesis that integrated railways realise economies of joint production and, thus, produce railway services on a higher level of efficiency. To determine whether joint or separate production is more efficient we apply a Data Envelopment Analysis super-efficiency bootstrapping model which relates the efficiency for integrated production to a virtual reference set consisting of the separated production technology. Our findings are that in a majority of European Railway companies exist economies of scope.
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Investment and Internal Finance: Asymmetric Information or Managerial Discretion?
Hans Degryse, Abe de Jong
International Journal of Industrial Organization,
No. 1,
2006
Abstract
This paper examines the investment-cash flow sensitivity of publicly listed firms in The Netherlands. Investment-cash flow sensitivities can be attributed to overinvestment resulting from the abuse of managerial discretion, but also to underinvestment due to information problems. The Dutch corporate governance structure presents a number of distinctive features, in particular the limited influence of shareholders, the presence of large blockholders, and the importance of bank ties. We expect that in The Netherlands, the managerial discretion problem is more important than the asymmetric information problem. We use Tobin's Q to discriminate between firms with these problems, where LOW Q firms face the managerial discretion problem and HIGH Q firms the asymmetric information problem. As hypothesized, we find substantially larger investment-cash flow sensitivity for LOW Q firms. Moreover, specifically in the LOW Q sample, we find that firms with higher (bank) debt have lower investment-cash flow sensitivity. This finding shows that leverage, and particularly bank debt, is a key disciplinary mechanism which reduces the managerial discretion problem.
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The coalition treaty from a fiscal point of view
Kristina vanDeuverden
Wirtschaft im Wandel,
No. 12,
2005
Abstract
After weeks of negotiations the coalition finally agreed on the conditions for their political work. Not surprisingly, the coalition agreement is complex and intransparent – with a multitude of single measures far away from a precise definition. Quantifying the programme and estimating resulting cash flows is currently difficult; official calculations are – if at all – only partly available. Anyhow, the contract will form the basis for economic policy during the next four years; therefore its evaluation by now is indispensable. The thin red line of the agreement – not astonishingly when considering the precarious financial situation of the public sector – is consolidation. However, more than 80% of the consolidation volume results from the revenue side. Though one third of this is due to the cutback of tax exemptions, the lion’s share comes from raising tax rates, mainly the VAT standard rate. In contrast, cutting back public expenditure is minor and the agreement clearly comes short of the Koch/Steinbrück proposal; even new tax reliefs are created. The consolidation is almost completely borne by private households. Enterprises as a whole are barely hit. However, they have to wait until 2008 for a reform of company taxation – one of the most pressing problems in this legislative period. To reduce the companies tax burden until the reform starts the conditions for tax depreciation are temporarily relaxed. Anyway, from an international point of view the statutory tax rate is an important signal to enterprises deciding where to invest. Lowering effective tax rates by changing depreciation conditions is intransparent and, thus, will be less effective. Furthermore savings within the public sector are planned to accomplish consolidation; 10 billion Euro should result from efficiency gains and reduced expenditure. Consolidation measures mainly focus on the budget of the federal government. However, Länder and communities will participate in the additional tax revenues. In contrast, social securities will loose – and therefore also the share of employment that is subject to social insurance contribution. Particularly the unemployment insurance will be burdened by the decrease of its premium rate. Besides, the federal government will reduce its grants to the pension funds and most notably the health system. The contract is dominated by fiscal constraints. Cyclical requirements are considered only cursory and pressing structural reforms are put off. The reforms of company’s taxation, of fiscal federalism, of the health system as well as a proceeding reform of the labour market are only proposed. How and when measures in these fields are realised will determine whether fiscal policy can set a new course.
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The (never) ending story of the truck toll system – a contract theory view
Niels Krap
Wirtschaft im Wandel,
No. 11,
2005
Abstract
After long-lasting negotiations, representatives of the Federal Government and the consortium Toll Collect signed a 17,000 pages contract on 20 September, 2002. It was fixed that Toll Collect had to develop and afterwards operate a system for the automatic collection of a satellite-supported distance-based truck toll until the end of August 2003. However, technical difficulties in the development of the new system led to delays to an unexpected extent. In this article, it is examined whether the results of the renegotiations that followed were consistent to the economics of contract theory. It can be shown that both contracting parties were bound to the contractual relation, so that the preliminary termination of the contract by the Federal Minister of Transport on 17 February, 2004 became void by an agreement only few days later. Additionally, it could be identified that the contract set correct incentives for both parties, Federal Government and Toll Collect, and covered the possibility of efficient renegotiation.
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Non-market Allocation in Transport: A Reassessment of its Justification and the Challenge of Institutional Transition
Ulrich Blum
50 Years of Transport Research: Experiences Gained and Major Challenges Ahead,
2005
Abstract
Economic theory knows two systems of coordination: through public choice or through the market principle. If the market is chosen, then it may either be regulated, or it may be fully competitive (or be in between these two extremes). This paper first inquires into the reasons for regulation, it analyses the reasons for the important role of government in the transportation sector, especially in the procurement of infrastructure. Historical reasons are seen as important reasons for bureaucratic objections to deregulation. Fundamental economic concepts are forwarded that suggest market failure and justify a regulatory environment. The reasons for regulation cited above, however, may be challenged; we forward theoretical concepts from industrial organization theory and from institutional economics which suggest that competition is even possible on the level of infrastructure. The transition from a strongly regulated to a competitive environment poses problems that have given lieu to numerous failures in privatization and deregulation. Structural inertia plays an important role, and the incentive-compatible management of infrastructure is seen as the key element of any liberal transportation policy. It requires that the setting of rules on the meta level satisfies both local and global efficiency ends. We conclude that, in market economies, competition and regulation should not be substitutes but complements. General rules, an "ethic of competition" have to be set that guarantee a level playing field to agents; it is complimented by institutions that provide arbitration in case of misconduct.
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Negotiated Third Party Access - an Industrial Organisation Perspective
Christian Growitsch, Thomas Wein
European Journal of Law and Economics,
2005
Abstract
In the course of the liberalization of European energy markets, the German government opted – diverging from all other European countries – for Negotiated Third-Party Access. In this article we analyze if, theoretically, this institutional regime can be superior to regulation. We review empirically whether certain aspects of the actual implementation, in particular publication of the network access charges for each network supplier, facilitated or inhibited competition. In the first place we reconsider previous research, showing that NTPA can – under certain conditions – be economically effective. Our empirical analysis shows that the duty of publishing access charges supported market transparency and imposed a regulatory threat, particularly to suppliers with significantly above-average charges. On the other hand observable price adjustments over time serve as an indicator of tacit collusion. Although the expensive suppliers cut their prices, the cheaper ones raised theirs.
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Network Access Charges, Vertical Integration, and Property Rights Structure
Christian Growitsch, Thomas Wein
Energy Economics,
No. 2,
2005
Abstract
After the deregulation of the German electricity markets in 1998, the German government opted for a regulatory regime called negotiated third party access, which would be subject to ex post control by the federal cartel office. Network access charges for new competitors are based on contractual arrangements between energy producers and industrial consumers. As the electricity networks are incontestable natural monopolies, the local and regional network operators are able to set (monopolistic) charges at their own discretion, limited only by their concerns over possible interference by the federal cartel office (Bundeskartellamt). In this paper we analyse if there is evidence for varying charging behaviour depending on a supplier`s economic independence (structure of property rights) or its level of vertical integration. For this purpose we hypothesise that incorporated and vertically integrated suppliers set different charges than independent utility companies. Multivariate estimations show a relation between network access charges and the network operator’s economic independence as well as level of vertical integration. On the low voltage level, for an estimated annual consumption of 1700 kW/h, vertically integrated firms set – as predicted by our hypothesis - significantly lower access charges than vertically separated suppliers, whereas incorporated network operators charge significantly higher charges compared to independent suppliers. There is insufficient evidence available to confirm these results for other consumptions or voltage levels.
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Comply or Explain - Die Akzeptanz von Corporate Governance Kodizes in Deutschland und Großbritannien
Nicole Steinat
Beiträge zum Transnationalen Wirtschaftsrecht,
No. 39,
2005
Abstract
Die zahlreichen Unternehmenszusammenbrüche, Bilanzskandale sowie der Absturz der Indizes an den Kapitalmärkten zu Beginn des neuen Jahrtausends verstärkten die Diskussion um die Unternehmensführung und -kontrolle in Deutschland und führten schließlich vor nunmehr fast drei Jahren zur Verabschiedung des deutschen Corporate Governance Kodex. Dieser Verhaltenskodex, der sich an börsennotierte Gesellschaften richtet, greift internationale Kritikpunkte an der deutschen Unternehmensverfassung auf und soll somit den Standort Deutschland für ausländische Investoren attraktiver machen und das Vertrauen der Anleger zurückgewinnen. Ob dies gelungen ist, soll in dieser Studie ebenso untersucht werden, wie die Frage, ob und in welchen Bereichen der Kodex mit seinen Anforderungen von den Unternehmen akzeptiert wird...
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The influence of Vertical Integration and Property Rights on Network Access Charges in the German Electricity Markets
Christian Growitsch, Thomas Wein
External Publications,
No. 6,
2004
Abstract
German Electricity markets were deregulated in the late nineties of the last century. In contrast to other European countries, the German government enacted negotiated third party access instead of installing a regulation authority. Network access charges for new competitors are based on contractual arrangements between energy producers and industrial consumers, which specify the calculation schemes for access charges. Local and regional suppliers are nevertheless able to set (monopolistic) charges at their own discretion, restricted only by the possibility of interference competition authorities. While some of those suppliers have been acquired by one of the four Transmission System Operators and become vertically integrated, the majority is still independent public utility companies. In this paper we analyse if there is evidence for different charging behaviour depending on the supplier’s economic independence or its level of vertical integration. Controlling for other coefficients as the so called structural features and related cost differences as well as the influence of competition law suits, multivariate estimations show significantly lower access charges than vertically separated suppliers, whereas incorporated network operators charge significantly higher charges compared to independent suppliers for at least one typical case.
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