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The Broadband Cost Reduction Directive: A legal primer in cross-sector regulation of infrastructures 宽带成本降低指令:基础设施跨部门监管的法律入门
Q3 Business, Management and Accounting Pub Date : 2020-12-03 DOI: 10.1177/1783591720977098
C. Ducuing
Infrastructures have mostly developed and have also been regulated in silo, especially in the liberalization phase. As economic, societal and technological patterns toward convergence of infrastructure sectors can now be observed, how to regulate such phenomena obviously raises many questions. In this context, the cross-sector regulation laid down by the Directive 2014/61/EU on measures to reduce the cost of deploying high-speed electronic communications networks constitutes an interesting legal primer in EU law, although little discussed. Six years after the adoption of the Directive, the present paper aims to draw lessons from it, from its transposition and from the related dispute-settlement practice in the Member States, with the perspective of cross-sector regulation. What type of cross-sector regulation does the Directive bring about? What are the factors having an influence on the (im)balance between the sectors and/or sectoral regulations? It seems all the more necessary that the newly appointed European Commission (“EC”) announced its willingness to revise the Directive within the next 5 years. The study of the BCR Directive may also contribute to inform how to regulate the phenomenon of increasing convergence between network industries. The paper refers to “cross-sector regulation” as, broadly, a type of regulation where several sectors, traditionally subject to specific regulations, are brought together, irrespective of the mode of interaction between them. Particularly, “cross-sector regulation” does not assume that the sectors and/or the sectoral regulations would be placed on an equal footing.
基础设施大多得到了发展,也受到了孤立的监管,尤其是在自由化阶段。随着经济、社会和技术模式朝着基础设施部门趋同的方向发展,如何监管这些现象显然提出了许多问题。在这种情况下,关于降低部署高速电子通信网络成本的措施的第2014/61/EU号指令制定的跨部门法规是欧盟法律中一个有趣的法律入门,尽管很少讨论。在该指令通过六年后,本文件旨在从跨部门监管的角度,从该指令的转换和成员国的相关争端解决实践中吸取教训。该指令带来了什么类型的跨部门监管?哪些因素对部门和/或部门法规之间的平衡有影响?似乎更有必要的是,新任命的欧盟委员会(“EC”)宣布愿意在未来5年内修订该指令。对BCR指令的研究也可能有助于了解如何监管网络行业之间日益趋同的现象。该文件将“跨部门监管”广义上称为一种监管类型,传统上受特定监管的几个部门被结合在一起,而不考虑它们之间的互动模式。特别是,“跨部门监管”并不意味着各部门和/或部门监管将处于平等地位。
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引用次数: 1
The convergence of water, electricity and gas industries: Implications for PPP design and regulation 水、电、气行业的融合:对PPP设计和监管的启示
Q3 Business, Management and Accounting Pub Date : 2020-11-06 DOI: 10.1177/1783591720970340
S. Phang
In several countries that have privatised their utilities, power and water are separate industries regulated by sector-specific regulators. In a parallel development, desalination has become an important source of water supply in countries where there is a shortage of cheap and clean freshwater. Where the energy source is gas, the use of gas-fired power plants to supply electricity for desalination links the water, electricity and gas industries. We use the case of the financial collapse of an integrated water and power project to illustrate the problems that can arise from such convergence, and to draw lessons for firms, Public-Private Partnerships (PPPs) and regulators. A water company had successfully tendered to build a desalination plant for a water agency that would deliver an agreed volume of water per day for a 25-year period. The technology proposed was an integrated on-site power plant to supply electricity to the desalination plant as well as to the electricity grid. The business model was for profits from electricity sales to cross-subsidise water desalination costs. However, a combination of take-or-pay LNG contracts and low spot prices in a competitive electricity market led to deep operating losses. The reasons for the collapse of the business were neither technological nor operational but arose from failure to adequately manage the market risks arising from infrastructure convergence, competition, long-term rigid contractual arrangements and missing markets. The case highlights the importance of risk assessment at bidding stage and, in particular, the risks that a cross-subsidy can create. Viewed in this context, our recommendations are for regulatory convergence for converging infrastructure sectors, multi-sector risk assessments for PPP contracts, crafting flexible PPP contracts in anticipation of future adjustments, development of more liquid hedging markets and promoting competition where feasible in infrastructure sectors.
在一些公用事业私有化的国家,电力和水利是由特定行业监管机构监管的独立行业。与此同时,在缺乏廉价清洁淡水的国家,海水淡化已成为重要的供水来源。在能源为天然气的地方,使用燃气发电厂为海水淡化供电将水、电和天然气行业联系起来。我们以一个综合水电项目的财务崩溃为例来说明这种趋同可能产生的问题,并为企业、公私伙伴关系和监管机构吸取教训。一家水务公司成功投标,为一家水务机构建造一座海水淡化厂,该厂将在25年内每天提供商定的水量。提议的技术是一个集成的现场发电厂,为海水淡化厂和电网供电。商业模式是从电力销售中获得利润,以交叉补贴海水淡化成本。然而,在竞争激烈的电力市场中,不收不付的液化天然气合同和较低的现货价格共同导致了严重的运营亏损。该业务崩溃的原因既不是技术上的,也不是运营上的,而是由于未能充分管理基础设施趋同、竞争、长期僵化的合同安排和缺失的市场所产生的市场风险。该案例强调了投标阶段风险评估的重要性,特别是交叉补贴可能产生的风险。从这一背景来看,我们的建议是对融合的基础设施部门进行监管趋同,对PPP合同进行多部门风险评估,制定灵活的PPP合同以应对未来的调整,发展更具流动性的对冲市场,并在可行的情况下促进基础设施部门的竞争。
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引用次数: 2
The energy-mobility system in transition: The case of the Swiss Federal Railways 转型中的能源运输系统:以瑞士联邦铁路公司为例
Q3 Business, Management and Accounting Pub Date : 2020-10-07 DOI: 10.1177/1783591720954118
P. V. van Baal, M. Finger
A convergence of the electricity and the transportation sectors can be observed, with private and public transport being increasingly electrified and with aggregated electricity demand and storage being increasingly operated as flexible assets. At the same time, sustainability concerns are driving systemic changes in both systems. This article introduces the concept of the energy-mobility system, which is a result of this convergence, and proposes an integrated framework for policy and governance of the energy-mobility system. The framework focuses on cross-sectoral policy ambitions related to climate change mitigation, namely reducing energy consumption, electrifying fossil fueled transport, decarbonizing electricity generation, promoting resilience, and integrating green infrastructure management. Public policy and the corresponding regulation are no longer conceptualized and executed in each sector separately. An integrated policy framework is indeed needed for the energy-mobility system, so that the institutions remain relatively aligned with the technological developments. The requirements for effective governance of the energy-mobility system are then discussed, which include an energy-mobility system operator. The potential for the policy and governance framework is addressed through a case study of the Swiss Federal Railways, which as the owner and operator of a fully electrified rail network and associated electricity infrastructure is already close to taking up such a role. While the Swiss case is unique, it can offer insight for other countries developing their regulatory approach to the convergence of the energy and mobility systems.
可以观察到电力和运输部门的融合,私人和公共交通越来越电气化,总电力需求和储存越来越多地作为灵活资产运营。与此同时,可持续性问题正在推动这两个系统的系统性变革。本文介绍了能源流动系统的概念,这是这种融合的结果,并提出了一个能源流动系统政策和治理的综合框架。该框架侧重于与缓解气候变化相关的跨部门政策雄心,即减少能源消耗、化石燃料运输电气化、发电脱碳、提高韧性和整合绿色基础设施管理。公共政策和相应的法规不再在每个部门单独概念化和执行。能源流动系统确实需要一个综合政策框架,以便各机构与技术发展保持相对一致。然后讨论了能源移动系统有效治理的要求,其中包括能源移动系统运营商。瑞士联邦铁路公司作为完全电气化铁路网和相关电力基础设施的所有者和运营商,已经接近发挥这一作用。虽然瑞士的案例是独一无二的,但它可以为其他国家制定能源和交通系统融合的监管方法提供见解。
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引用次数: 1
Introduction: Regulation of airports 简介:机场管理
Q3 Business, Management and Accounting Pub Date : 2020-09-01 DOI: 10.1177/1783591720952908
M. Finger
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引用次数: 0
The regulation of zero-price markets by the competition authorities in the USA and the EU 美国和欧盟竞争主管部门对零价格市场的监管
Q3 Business, Management and Accounting Pub Date : 2020-08-19 DOI: 10.1177/1783591720943756
Stephen Jarman, D. D. K. Örsal
The modern economy is flooded with products that have no monetary price. However, it is becoming something of an established fact that many zero-price products are not ‘free’ but rather incur costs for consumers in other ways. Many governments intervene in markets when consumers are not being given a fair price for their products. If the costs to consumers for some products are not monetary however, how can governments evaluate whether the costs that consumers are incurring are too high? We seek to answer this question by assessing the approaches of the US and the EU to zero-price markets as informed by their legal and ideological traditions. We offer potential policy solutions while outlining the difficulties that accompany government intervention in zero-price markets and the obstacles when it comes to measuring non-monetary forms of consumer cost.
现代经济充斥着没有货币价格的产品。然而,许多零价格产品并非“免费”,而是以其他方式为消费者带来成本,这已成为一个既定事实。当消费者的产品没有得到公平的价格时,许多政府就会干预市场。然而,如果消费者对某些产品的成本不是货币性的,政府如何评估消费者所承担的成本是否过高?我们试图通过评估美国和欧盟根据其法律和意识形态传统对零价格市场的做法来回答这个问题。我们提供了潜在的政策解决方案,同时概述了政府干预零价格市场的困难,以及衡量非货币形式的消费者成本的障碍。
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引用次数: 0
How do firm and market characteristics affect airports’ Beta risk? 企业和市场特征如何影响机场的Beta风险?
Q3 Business, Management and Accounting Pub Date : 2020-07-27 DOI: 10.1177/1783591720941678
Tobias Binz
I present a graphical framework based on Subrahmanyam and Thomadakis (1980) that allows to study the impact from firm and market characteristics on systematic risk associated with the return on capital, i.e. Beta risk, for utilities under price control. Within this framework, Beta risk is driven by the magnitude of profit fluctuations following demand shocks. The framework is then applied to airport firm characteristics and airport market environment features. I find that the frequency of price control resets, the level of operating leverage, the extent of capacity constraints, and the degree of market power all have an unambiguous effect on the level of Beta risk. The scope of the regulatory perimeter and the type of traffic mix may also affect Beta risk; however, the magnitude and direction of their impact rely on the specifics of the case. The article may assist policy makers to formulate economically sound recommendations on how the regulatory rate of return for airport operators should be determined. Specifically, my findings suggest criteria that can be used to choose adequate peer companies of comparable systematic risk.
我提出了一个基于Subrahmanyam和Thomadakis(1980)的图形框架,该框架允许研究公司和市场特征对与资本回报相关的系统风险的影响,即价格控制下的公用事业的贝塔风险。在这个框架内,贝塔风险是由需求冲击后利润波动的幅度驱动的。然后将该框架应用于机场企业特征和机场市场环境特征。我发现价格控制重置的频率、运营杠杆水平、产能限制的程度和市场力量的程度都对贝塔风险水平有明确的影响。监管范围和交通组合类型也可能影响贝塔风险;然而,其影响的大小和方向取决于案件的具体情况。该条款可能有助于决策者就如何确定机场运营商的监管回报率制定经济合理的建议。具体而言,我的研究结果提出了可以用来选择具有可比系统风险的适当同行公司的标准。
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引用次数: 1
Airport competition from airports’ perspective: Evidence from a survey of European airports 从机场角度看机场竞争:来自欧洲机场调查的证据
Q3 Business, Management and Accounting Pub Date : 2020-07-16 DOI: 10.1177/1783591720937876
V. Bilotkach, Harry Bush
In this study, we describe the results of a questionnaire distributed among European airports in the autumn of 2019. The questionnaire was designed to elicit airports’ views on the practicalities of competition between airports. We received 49 responses from airports in 24 countries; the respondents represent airports of different sizes. The survey results evidence behaviours consistent with significant competition between airports. Airports are taking active steps through their resourcing and staffing, incentives and marketing to attract airline services, and clearly see themselves taking the initiative in doing so. No airport, no matter how large, appears to be able to escape competition. The main policy message of our study, consistent with other recent reviews of airport competition, is that European regulators should re-evaluate their approach to the economic regulation of airports, especially as far as regional airports are concerned.
在这项研究中,我们描述了2019年秋季在欧洲机场分发的问卷调查结果。调查问卷旨在征求机场对机场之间竞争的实际性的看法。我们收到了来自24个国家机场的49份回复;受访者代表不同规模的机场。调查结果表明,行为与机场之间的重大竞争一致。机场正在通过资源和人员配置、激励和营销等方面采取积极措施来吸引航空公司的服务,并清楚地看到自己在这方面采取了主动。似乎没有一个机场,无论多大,都能逃脱竞争。与最近对机场竞争的其他审查一致,我们研究的主要政策信息是,欧洲监管机构应该重新评估其对机场经济监管的方法,特别是就地区机场而言。
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引用次数: 5
Yardstick Regulation in a Competitive Context? The Case of the Italian Airports 竞争环境下的严格监管?以意大利机场为例
Q3 Business, Management and Accounting Pub Date : 2020-07-07 DOI: 10.1177/1783591720936977
Nicolò Avogadro, Sebastian Birolini, M. Cattaneo, P. Malighetti, C. Morlotti, Renato Redondi
Over the past years, airport regulation has been generating a lot of interest in Europe, and despite the passing of Airport Charges Directive in 2009, there is ongoing debate on the need for introducing tighter airport regulations. The aim of the paper is twofold. First, acknowledging that regulation is usually applied in markets where competition is weak or absent, we evaluate the ex-ante need for price regulation in the air transport industry. By focusing on the Italian airport industry, our analysis provides evidence of a high level of competitive pressure faced by airports (both inside and outside the industry), suggesting that tighter price regulation may not be the optimal solution. Second, assuming that stricter regulation of the airport industry is necessary, we empirically investigate the applicability of yardstick regulation to the Italian airport system, outlining critical challenges and issues that may arise when applying benchmarking techniques in setting the optimum level of efficiency at regulated airports. According to current literature, applicability of empirical benchmarking techniques requires some basic research requirements to be met, such as high-quality data, a homogeneous production function, and a sufficient number of comparable observations. We find that both heterogeneity and the relatively small number of comparable airports, along with the complexity of gathering proper data, may compromise the applicability of a regulation scheme based on yardstick principles at the national level.
在过去的几年里,机场监管在欧洲引起了很大的兴趣,尽管2009年通过了《机场收费指令》,但关于引入更严格的机场监管的必要性仍存在争议。这篇论文的目的是双重的。首先,承认监管通常适用于竞争较弱或缺乏竞争的市场,我们评估了航空运输行业价格监管的事前需求。通过关注意大利机场行业,我们的分析提供了机场(行业内外)面临高度竞争压力的证据,表明更严格的价格监管可能不是最佳解决方案。其次,假设有必要对机场行业进行更严格的监管,我们实证研究了尺度监管对意大利机场系统的适用性,概述了在应用基准技术设定受监管机场的最佳效率水平时可能出现的关键挑战和问题。根据目前的文献,经验基准技术的适用性需要满足一些基本的研究要求,例如高质量的数据、同质的生产函数和足够数量的可比观测。我们发现,异质性和可比机场数量相对较少,再加上收集适当数据的复杂性,可能会影响基于尺度原则的监管方案在国家层面的适用性。
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引用次数: 0
Studying the empirical implications of the liberalization of airport markets 研究机场市场自由化的实证意义
Q3 Business, Management and Accounting Pub Date : 2020-07-03 DOI: 10.1177/1783591720935767
K. Button
This paper offers an overview of what we know about the impacts of the economic regulation of commercial airports. It offers no new empirical findings, but rather considers the challenges of conducting ex post analysis of regulatory reform. It provides an overview of what completed studies have found and assesses whether regulations have achieved their objectives. Little is said about the desirability of these objectives. The focus is on the infrastructure needed to provide commercial passenger air services. Part of the discussion concerns the extent to which the results found in more recent studies offer replication of earlier findings. One function of applied analysis is to offer confirmation or refutation of the findings of prior studies, but this is often given short shrift compared to “novelty.” The paper focuses, in particular, on matters concerning ownership, slot allocation, and supplementary incomes.
本文概述了我们对商业机场经济监管影响的了解。它没有提供新的实证结果,而是考虑了对监管改革进行事后分析的挑战。它概述了已完成的研究发现的内容,并评估了法规是否实现了其目标。关于这些目标的可取性,人们很少提及。重点是提供商业客运航空服务所需的基础设施。部分讨论涉及最近研究中发现的结果在多大程度上复制了早期发现。应用分析的一个功能是对先前研究的结果进行证实或反驳,但与“新颖性”相比,这通常被忽视。本文特别关注所有权、名额分配和补充收入等问题。
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引用次数: 1
Effectiveness of a strategic energy reserve during the energy transition: The case of Switzerland 能源转型期间战略能源储备的有效性:以瑞士为例
Q3 Business, Management and Accounting Pub Date : 2020-06-01 DOI: 10.1177/1783591719879365
P. V. van Baal
Switzerland is considering implementing a strategic energy reserve, a novel policy instrument that remunerates power plant operators for storing a minimum amount of energy in reservoirs to convert into electricity when called upon. The policy is envisioned for the winter period, when the country’s large hydropower reservoirs tend to be nearly depleted. This study analyzes the impact of such a strategic energy reserve on security of supply, consumer costs, international trade, and sustainability. A hybrid simulation model is developed that combines agent-based modeling and system dynamics. The simulations show that the reserve can improve short-term security of supply but does not improve long-term security of supply as it does not impact domestic investments or reduce the import dependency in winter. The reserve leads to a slight increase in consumer costs, even when including the reduction in outage costs. A larger reserve is more effective at reducing the supply risk but is proportionally costly. Lastly, we find that the policy induces scarcity periods that would not have occurred otherwise, which means that the reserve should have a high strike price to ensure it is only called upon as a last resort. We conclude that there is no structural need for a strategic energy reserve, as it only increases short-term security of supply and does not contribute to solving the structural problem. Any implementation should be done on an ad hoc basis, conditional on a short-term generation adequacy assessment. This has the potential to minimize the associated costs while maximizing the benefits.
瑞士正在考虑实施战略能源储备,这是一种新的政策工具,为发电厂运营商在水库中储存最低限度的能源以在需要时转化为电力提供报酬。这项政策是为冬季制定的,届时该国的大型水电水库往往几乎耗尽。本研究分析了这种战略能源储备对供应安全、消费者成本、国际贸易和可持续性的影响。将基于代理的建模和系统动力学相结合,开发了一个混合仿真模型。模拟表明,储备可以改善短期供应安全,但不能改善长期供应安全,因为它不会影响国内投资或减少冬季的进口依赖。即使包括停机成本的降低,准备金也会导致消费者成本略有增加。更大的储备在降低供应风险方面更有效,但成本相对较高。最后,我们发现,该政策导致了原本不会发生的稀缺期,这意味着储备应该有一个高的执行价格,以确保它只是作为最后手段被调用。我们的结论是,战略能源储备没有结构性需求,因为它只会增加短期供应安全,无助于解决结构性问题。任何实施都应在临时基础上进行,条件是进行短期发电充足性评估。这有可能使相关成本最小化,同时使收益最大化。
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引用次数: 3
期刊
Competition and Regulation in Network Industries
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