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Railways: Structure, Regulation and Competition Policy 1997

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Railways: Structure, Regulation and Competition Policy 1997 Railways: Structure, Regulation and Competition Policy 1997 The OECD Competition Committee debated the structure, regulation and competition policy in railways in October 1997. This document includes an executive summary, an analytical note by MM. Christopher Nash and Jeremy Toner and written submissions from Australia, Denmark, the European Commission, Finland, France, Hungary, Italy, Japan, Korea, Mexico, Norway, Poland, Spain, Sweden and the United Kingdom and contributions by experts, as well as an aide-memoire of the discussion. The 1997 examination of the railway sectors of OECD countries raised classic issues of regulation and competition, including definition of the market, scope of the natural monopoly, structural issues (vertical and horizontal separation), access pricing, non-commercial obligations, anti-competitive cross-subsidisation and effects of state ownership. The variety of different regulatory and institutional approaches to the rail industry can be explained, in large part as appropriate responses to differing underlying market conditions in each country. This study yields important lessons for reform of the rail sector and for reform of other network industries. Key results from the roundtable included the harmful effects of a long-term soft-budget constraint on productivity and factor prices, the importance of a careful analysis of inter-modal competition and, most importantly, the opportunities for fostering intra-modal competition through horizontal and vertical separation and track access regimes. The roundtable also discussed principles for setting access prices. OECD Guiding Principles for Regulatory Quality and Performance (2005) Regulating Market Activities by the Public Sector (2004) Competition Issues in the Electricity Sector (2003) Railway Reform in China (2003) Recommendation of the Council concerning structural separation in regulated industries (2001) Restructuring Public Utilities for Competition (2001) Unclassified DAFFE/CLP(98)1 Organisation de Coopération et de Développement Economiques OLIS : 30-Jan-1998 Organisation for Economic Co-operation and Development Dist. : 10-Feb-1998 __________________________________________________________________________________________ English text only Unclassified DAFFE/CLP(98)1 DIRECTORATE FOR FINANCIAL, FISCAL AND ENTERPRISE AFFAIRS COMMITTEE ON COMPETITION LAW AND POLICY RAILWAYS: STRUCTURE, REGULATION AND COMPETITION POLICY English text English only 61373 Document complet disponible sur OLIS dans son format d'origine Complete document available on OLIS in its original format DAFFE/CLP(98)1 FOREWORD This document comprises proceedings in the original languages of a Roundtable on the structure, regulation and competition policy in the Railways Sector which was held by the Working Party n°2 of the Committee on Competition Law and Policy in October 1997. This compilation which is one of several published in a series named “Competition Policy Roundtables”, is issued to bring information on this topic to the attention of a wider audience. PRÉFACE Ce document rassemble la documentation dans la langue d’origine dans laquelle elle a été soumise, relative à une table ronde sur la structure, la réglementation et la politique de la concurrence dans le secteur des chemins de fer qui s’est tenue en octobre 1997 dans le cadre du Groupe de travail n° 2 du Comité du droit et de la politique de la concurrence. Cette compilation qui fait partie de la série intitulée “les tables rondes sur la politique de la concurrence” est diffusée pour porter à la connaissance d’un large public, les éléments d’information qui ont été réunis à cette occasion. Visit our Internet Site -- Consultez notre site Internet http://www.oecd.org/daf/ccp OECD 1998 2 DAFFE/CLP(98)1 OTHER TITLES SERIES ROUNDTABLES ON COMPETITION POLICY 1. Competition Policy and Environment (Roundtable in May 1995, published in 1996) OCDE/GD(96)22 2. Failing Firm Defence (Roundtable in May 1995, published in 1996) OCDE/GD(96)23 3. Competition Policy and Film Distribution (Roundtable in November 1995, published in 1996) OCDE/GD(96)60 4. Competition Policy and Efficiency Claims in Horizontal Agreements (Roundtable in November 1995, published in 1996) OCDE/GD(96)65 5. The Essential Facilities Concept (Roundtable in February 1996, published in 1996) OCDE/GD(96)113 6. Competition in Telecommunications (Roundtable in November 1995, published in 1996) OCDE/GD(96)114 7. The Reform of International Satellite Organisations (Roundtable in November 1995, published in 1996) OCDE/GD(96)123 8. Abuse of Dominance and Monopolisation (Roundtable in February 1996, published in 1996) OCDE/GD(96)131 9. Application of Competition Policy to High Tech Markets (Roundtable in April 1996, published in 1997) OCDE/GD(97)44 10. General Cartel Bans: Criteria for Exemption for Small and Medium-sized Enterprises OCDE/GD(97)53 11. Competition Issues related to Sports OCDE/GD(97)128 12. Application of Competition Policy to the Electricity Sector OCDE/GD(97)132 (Roundtable in October 1996, published in 1997) 13. Judicial Enforcement of Competition Law OCDE/GD(97)200 (Roundtable in October 1996, published in 1997) 3 DAFFE/CLP(98)1 14. Resale Price Maintenance (Roundtable in February 1997, published in 1997) OCDE/GD(97)229 Available on our Web Site -- Disponible sur notre site Internet http://www.oecd.org/daf/ccp 4 DAFFE/CLP(98)1 TABLE OF CONTENTS BACKGROUND NOTE.............................................................................................................................7 NOTE DE REFERENCE .........................................................................................................................31 NATIONAL CONTRIBUTIONS Australia ....................................................................................................................................57 Denmark....................................................................................................................................71 Finland ......................................................................................................................................75 France........................................................................................................................................83 Hungary.....................................................................................................................................89 Italy ...........................................................................................................................................91 Japan..........................................................................................................................................97 Korea.......................................................................................................................................105 Mexico ....................................................................................................................................109 Norway....................................................................................................................................113 Poland......................................................................................................................................115 Spain........................................................................................................................................119 Sweden ....................................................................................................................................123 United Kingdom......................................................................................................................129 European Commission ............................................................................................................141 EXPERT CONTRIBUTIONS Restructuring Regulation of the Rail Industry for the Public interest Ioannis N. Kessides and Robert D. Willig........................................................................147 The Railroad Industry in the United States of America Ted Krohn, Federal Railroad Administration, U.S. Department of Transportation .........183 AIDE-MEMOIRE OF THE DISCUSSION...........................................................................................191 AIDE-MEMOIRE DE LA DISCUSSION .............................................................................................217 EXECUTIVE SUMMARY ....................................................................................................................247 SYNTHESE............................................................................................................................................255 5 DAFFE/CLP(98)1 6 DAFFE/CLP(98)1 BACKGROUND NOTE C.A. Nash J.P. Toner Institute for Transport Studies, University of Leeds I. Introduction Throughout the world, and almost throughout its history, the rail industry has been one of the most heavily regulated sectors of the economy. Earlier experience in Britain with unrestrained canal monopolies had led to a desire to intervene in transport markets somewhat out of keeping with the prevailing laissez faire attitudes. Concerns about the cost characteristics of the industry, with up to 80 per cent of infrastructure costs being fixed in the short run and the presence of indivisibilities and economies of scale in the longer run, together with the potential for exploitation of situational monopoly, led to government controls on entry, exit, prices, technology, operating practices,
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