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Competitive Neutrality Comments, Session 2 ACCC Regulation and Competition Conference, July 25 Christopher Findlay Overview Illustrate some of the key points by reference to the water sector See if any special complications arise


  1. Competitive Neutrality Comments, Session 2 ACCC Regulation and Competition Conference, July 25 Christopher Findlay

  2. Overview ■ Illustrate some of the key points by reference to the water sector ■ See if any special complications arise ■ Find 4 issues

  3. The structure of the problem ■ The rat tail applies – water ✜ alternative supplies of water after treatment – rivers, dams, recycling, desalination – wastewater services ✜ recycling ✜ catching storm water – competition in grey water?

  4. Transition ■ Potential interest among competitor suppliers in arranging access to bottleneck infrastructure – unlikely to build long distance haulage or short connections ■ So far access demands not common – But transition is coming

  5. Routes around the bottleneck? ■ In some services, alternative technologies can be used to bypass the bottleneck – eg mobile, satellite in telco – alternative forms of energy ■ Fewer or no options in water? – On site technologies?

  6. Issue #1: revenue targets ■ Governments collect tax revenue through utility dividends – entrants given access could capture the $$$ – policy responses ✜ endorse ECPR (section III) ✜ a process of negotiation (p. 32 onwards) – role of arbitrator important – but what about a sales tax equivalent? (p. 19)

  7. Issue #2: funding cross subsidies ■ Postage stamp pricing – cross subsidies between city and rural users ✜ entrants would be expected to contribute (p. 20 onwards) – to not do so violates neutrality conditions – but what about some unbundling? ✜ Variations in funding mechanisms and service qualities

  8. Issue #3: dynamic efficiency ■ Options exist for bulk water supply or waste water processing – expect a variety to survive – neutrality requires no bias in adoption of new technologies, either inhibit (access prices too high) or promote (access prices too low) [p. 17] ✜ incentives in the opposite directions in investment in the bottleneck infrastructure

  9. Issue #4: choice of optimal regulation ■ Minimise costs of administration and errors ■ Administrative costs are high – including gaming costs ■ Increase with the extent of and degree of discretion in regulation

  10. Issue #4 cont. ■ Errors – Type I: incorrectly condemn competitive behaviour [regulatory failure] – Type II: exonerate anti-competitive conduct [market failure]

  11. Issue #4: ■ Lighter regulation – risk of regulatory failure high, cost of market failure low ■ Heavier hand – risk of regulatory failure low, costs of market failure high ✜ depending on administrative costs

  12. Issue #4: ■ Conventional wisdom is that a heavier hand is right for infrastructure – paper shows the chance of regulatory failure! ✜ And high level of admin costs – How bad is the market failure? ✜ degree varies between sectors depending on routes around the bottleneck ✜ no one solution?

  13. Review ■ Value of – a broader tax base for revenue targets – unbundling service obligations – dynamic efficiency matters – questioning the role of universal application of a heavy hand in infrastructure regulation

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