WWW.THESES.XLIBX.INFO
FREE ELECTRONIC LIBRARY - Theses, dissertations, documentation
 
<< HOME
CONTACTS



Pages:     | 1 |   ...   | 17 | 18 || 20 | 21 |   ...   | 22 |

«COMPILATION OF THE RESPONSES TO THE UNCTAD QUESTIONNAIRE Part I: Public Monopolies, Concessions and Competition Law and Policies COMPILATION OF THE ...»

-- [ Page 19 ] --

What is the typical/average duration of a concession?

The restructuring of the downstream petroleum industry by way of privatization and liberalization of the operations of the state owned Ceylon Petroleum Corporation since 1994 entailed the granting of concessions primarily in the form of market exclusivities (monopolies and oligopolies) and price control as well as tax concessions and duty protections. In four transactions (two privatizations and two partliberalizations) carried out in the lubricant, liquefied petroleum gas and petroleum fuel markets, the typical duration of market exclusivity and price control concessions granted has been five (5) years.

2. What were the modalities for creating a concession (Public offering/tender, decree, etc.)? Is there a law in your country for the granting/termination of concessions? Are there provisions in concession agreements which allow the government to terminate the concession?

Privatization and part-liberalization by way of public offering/tender was the modality for creating the aforementioned concessions. These transactions were carried out by the Public Enterprise Reforms Commission in terms of the Act, No. 1 of 1996. There are no specific laws for the granting/termination of such concessions other than the provisions available in the Board of Investment Act, No. 4 of 1978 dealing with tax concessions. In one out of the four transactions mentioned above, the privatization agreements entered into with the parties concerned allowed the government of Sri Lanka to terminate the concession relating to market exclusivity.

3. Were competition concerns taken into account at the time of granting a concession? What are the competition concerns or issues that have arose from concessions in your country? Was special protection in regard to dominance, entry or price control granted to concessionaires at the time of granting a concession?

Were competition concerns taken into account at the time of granting a concession?

What are the competition concerns or issues that have arose from concessions in your country? Was special protection in regard to dominance, entry or price control granted to concessionaires at the time of granting a concession?

Competition concerns were taken into account in the part-liberalization transactions and not the privatization transactions. The absence of competition regulator resulted in issues relating to pricing (price increases and collusive price fixing) and access to essential infrastructure facilities. Special protection was granted in the form of price formulas and entry restrictions.

4. Which sectors from your economy are exempted from competition law? Which sectors or what type of concessions are under a specific regulatory oversight?

Are concessions subject to the national competition law?

The sector specific regulatory bodies such as Public Utilities Commission of Sri Lanka, Telecommunications Regulatory Commission, National Transport Commission, Insurance Board of Sri Lanka envisage the regulation of competition in the respective industries they are required to regulate. The draft legislation pertaining to the regulation of the downstream petroleum industry envisages the regulation of all petroleum product markets as well as market exclusivities and pricing concessions granted within such markets. However, all the above mentioned concessions, except for tax related concessions, have lapsed by now. The said draft industry statute envisages the granting of exemptions from the requirement of obtaining a license for the import, export, refine, blend, store, distribute, transport, wholesale or retail of petroleum resources or products as decided by the regulatory body concerned. There is no specific national competition law/authority in Sri Lanka yet.

5. Is there evidence in your country that concessions have brought about benefits for consumers in terms of greater infrastructure, diversification, higher quality, better prices; overall consumer welfare?

Concessions granted in the privatization of liquefied petroleum gas operations have resulted in greater infrastructure and enhanced safety of operations. The part liberalization of the petroleum fuel market has resulted in the upgrading of fuel filling stations, storage and terminal facilities as well as higher quality products. The part liberalization of the lubricant market has resulted in higher quality, better choice and competition in pricing.

Sweden

1. How many and what type of concessions have been granted in your country?

What is the typical/average duration of a concession?

The term “concession” covers a vast range of sole rights granted by authorities. There exists no general definition of the term concession or statistics regarding concessions granted. For example, there are concessions in the mining industry, in aviation and related markets, in infrastructure such as telecommunication and in the energy market.

It is difficult to approximate the number of granted concessions, since the supervision of the granted concessions is divided among several authorities. It is also difficult to say anything about the typical duration of a concession since this depends on the type of concession granted. Concessions for the construction and use of electric grids may, for example, be granted for a period of up to 40 years.





2. What were the modalities for creating a concession (Public offering/tender, decree, etc.)? Is there a law in your country for the granting/termination of concessions? Are there provisions in concession agreements which allow the government to terminate the concession?

Concessions may be created through the modalities mentioned in the question (public offering/tender, decrees, etc). There is no specific law that covers all types of concessions. However, the legal framework covering markets or industries in which concessions are possible, contain their own rules on concessions, i.e. under what circumstances they may be granted or terminated.

3. Were competition concerns taken into account at the time of granting a concession? What are the competition concerns or issues that have arose from concessions in your country? Was special protection in regard to dominance, entry or price control granted to concessionaires at the time of granting a concession?

Since a concession generally grants the actor a de facto monopoly position on the market in question, competition concerns are regularly taken into account at the time of granting a concession, regardless of type of concession. This is specifically so when it comes to concessions granted through public offerings/tenders.

4. Which sectors from your economy are exempted from competition law? Which sectors or what type of concessions are under a specific regulatory oversight?

Are concessions subject to the national competition law?

In general, competition law applies to all sectors of the economy. There are sectors that have been regulated in a special way, aiming at other objectives than competition.

One such example is the agricultural sector, which has been regulated at the EU-level through the Common Agricultural Policy (CAP).

The exemplified markets mentioned under question 1) are also under a specific regulatory oversight by different State authorities.

5. Is there evidence in your country that concessions have brought about benefits for consumers in terms of greater infrastructure, diversification, higher quality, better prices; overall consumer welfare?

In principle the answer would be yes, and the general idea of granting a concession, either through public offering/tender or a decree, is that it aims to benefit consumer welfare in all the ways indicated by the question.

Switzerland

1. How many and what type of concessions have been granted in your country?

What is the typical/average duration of a concession?

In Switzerland, two types of concessions can be found: On the one hand concessions conferring a right to exercise a restricted or monopolised economic activity (e.g.

railways infrastructure, transportation of passengers, the majority of postal services, TV and radio programmes, gambling houses), and on the other hand concessions conferring a right to make a special use of a public good (e.g. concession to use hydraulic energy, radio communication).

Due to the federal system, concessions can be granted at the federal (e.g.

telecommunications), cantonal (e.g. use of hydraulic energy) or communal level. The concession is normally granted for a limited period of time, which is set by the competent authority and which varies depending on the concession concerned. Certain laws set a maximum duration for the concession (e.g. a maximum duration of 50 years is set in the Federal Law on railways, a maximum duration of 80 years is set in the Federal Law on the use of hydraulic energy, and a maximum duration of 25 years is set in the Federal Law on transportation of passengers). In the field of telecommunications, GSM concessions were granted for a duration of 10 years.

Renewal is usually possible.

2. What were the modalities for creating a concession (Public offering/tender, decree, etc.)? Is there a law in your country for the granting/termination of concessions? Are there provisions in concession agreements which allow the government to terminate the concession?

There is no law generally regulating the creation, granting and termination of concessions. The modalities and requirements to be fulfilled are set in specific laws and ordinances as well as by the concession agreement concerned. Grounds for termination are usually set in the specific laws, and include expiration of the duration, withdrawal (if the concessionaire violates its obligations), renunciation by the concessionaire, or expropriation (for reasons of public interest).

According to the Federal Law on the internal market, concessions concerning a cantonal or communal monopoly must be granted through a tendering process and cannot discriminate between persons established or having their registered office in Switzerland.

This obligation does not apply to federal concessions. Here again, the modalities are set in the specific laws. For instance, the Federal Law on radio and television directly designates a concessionaire for broadcasting of radio and TV programmes. However, certain federal laws explicitly provide for a tendering process (e.g. Federal Law on telecommunications). Moreover, the principles set in the Federal Constitution, such as equality before the law and economic freedom, may in practice imply that concessions be granted via a tendering process.

3. Were competition concerns taken into account at the time of granting a concession? What are the competition concerns or issues that have arose from concessions in your country? Was special protection in regard to dominance, entry or price control granted to concessionaires at the time of granting a concession?

How competition concerns are taken into account at the time of granting of a concession depends on the specific law at stake. Competition concerns are for instance addressed in the Federal law on telecommunications. The law provides that the granting of a concession for radio communication should not seriously prevent effective competition, except if justified on grounds of economic efficiency.

Competition concerns are also addressed in the Federal law on transportation of passengers in relation to the granting of concessions: the enterprise requesting a concession must prove that it can supply transportation services adequately and in an economic manner.

4. Which sectors from your economy are exempted from competition law? Which sectors or what type of concessions are under a specific regulatory oversight?

Are concessions subject to the national competition law?

No sector is generally exempted from the Cartel Act. However, Article 3 (1) of the Cartel Act reserves provisions that exclude certain goods or services from competition on a market, in particular provisions that establish an official market or price system and provisions that entrust certain enterprises with the performance of public interest tasks, granting them special rights.

Thus, the Cartel Act applies in principle to activities subject to concessions, to the extent compatible with the regime provided for in the special law concerned.

Sectoral regulators exist in the field of telecommunications, radio and television, railways, civil aviation, energy and postal services.

The law may provide that the sectoral regulator shall consult the Competition Commission if a specific competition issue arises. This is the case for the Federal Law on radio and television, that states that the Competition Commission is consulted in order to determine whether an enterprise has a dominant position. Article 47 of the Cartel Act also states that the Competition Commission may provide advisory opinions to other authorities on issues of principle related to competition. It may do so on request or spontaneously.

5. Is there evidence in your country that concessions have brought about benefits for consumers in terms of greater infrastructure, diversification, higher quality, better prices; overall consumer welfare?

There is no general data available on the benefits brought about by concessions. It is assumed that concessions contribute to the general welfare, especially if they are linked to an obligation of universal service.

Thailand Trinidad and Tobago

1. How many and what type of concessions have been granted in your country?

What is the typical/average duration of a concession?

Concessions have been granted to 37 persons for the provision of FM radio broadcasting services, 11 persons authorized to provide international telecommunications services and/or networks, 2 domestic mobile telecommunications network/service providers, 8 persons authorized to provide a subscription broadcasting services, 2 persons authorized to provide a television service via a subscription broadcasting network, 9 persons authorized to provide a free to air television broadcasting service, and 7 fixed telecommunications network and service providers. The current list of concessions granted can be viewed at http://tatt.org.tt/ddocs/Concessions_Feb09.htm. It should be noted that some of the services provided require more than one concession.



Pages:     | 1 |   ...   | 17 | 18 || 20 | 21 |   ...   | 22 |


Similar works:

«Catherine Stagg-Macey and Craig Beattie Policy Administration Systems for General Insurers in Europe 2011 This authorised reprint contains material excerpted from a recent Celent report profiling and evaluating 40 different policy administration systems. The full report is 250 pages long. This report was not sponsored by RDT in any way. This reprint was prepared specifically for RDT, but the analysis presented has not been chagnes from that presented in the full report. For more information on...»

«Booking Policy – VOSA examiners at ATFs Introduction This document describes the policy and procedures that apply for the booking of VOSA examiners to attend at an ATF Site to conduct testing. VOSA Booking Objective VOSA’s aim is to provide examiners for testing at ATFs at times that are convenient and best suit each individual ATF. VOSA’s ability to meet applications for all dates and times requested will be constrained however, for example, by the total number of examiners available on...»

«Inter-Institutional Academic Agreements Policy Academic Policy Group 1. Purpose: At a time when the University is entering into an increasing number of inter-institutional academic agreements, it is important that the University has a clear statement as to what it expects to achieve by entering into such agreements. The purpose of this policy is to ensure that all future Inter-Institutional Academic Agreements (IAAs) support the strategic direction of Victoria University of Wellington, are...»

«The “social side” of public policies. Using sentiment analysis to support the action of policymakers across the policy cycle Andrea Ceron† & Fedra Negri†† Work in progress – Please, do not quote or circulate without the authors’ permission Abstract. This paper contributes to the debate on how Internet promotes the interaction among politicians, bureaucrats and citizens. We show that, in a «Big Data» world, the comments of social media users can be profitably used to extract...»

«Toyota Vehicle Insurance Policy Contents INTRODUCTION KEY FEATURES AND BENEFITS YOUR PRODUCT DISCLOSURE STATEMENT Product Disclosure Statement overview.5 Important information YOUR POLICY General Information What your policy consists of 21 day cooling off period Eligibility Driver eligibility Vehicle eligibility Area eligibility Our agreement with you Goods and services tax The privacy of your personal information. 10 Your promise to us If you have a concern Talk to us first Our internal...»

«Cultura política e ideología. Enfoques contrarios o complementarios. Sherline Chirinos Evelyn de Tortolero (Investigadores de INFACES) RESUMEN En el marco de la investigación de los aspectos culturales de la política, pueden identificarse dos enfoques que corresponden a otros tantos paradigmas en el campo de las ciencias sociales. Uno, que desarrolla el concepto de cultura cívica, desarrollada especialmente por los sociólogos norteamericanos Almond y Verba; otro, que gira en torno del...»

«ISSN (Print) : 2320 – 9798 ISSN (Online): 2320 – 9801 International Journal of Innovative Research in Computer and Communication Engineering Vol. 1, Issue 2, April 2013 Distributed Firewall Application for Policy Management and Network Security Manila Bohra1, Laghvi Aloria2, Neha Gupta3 B. Tech (6th sem) Student, Rajasthan Technical University, Kota, Rajastan, India1 B. Tech (6th sem) Student, Rajasthan Technical University, Kota, Rajastan, India2 M.Tech Student, Rajasthan Technical...»

«The use of Te Reo Māori for Assessment Policy Student Policy Group 1. Purpose: This policy provides for students to use Te Reo Māori in work being submitted for assessment as part of a course of study.2. Organisational Scope: This is a University-wide policy.3. Definitions: Assessment: The measurement of a student’s performance 4. Policy Content and Guidelines:4.1 Policy (a) Students may use Te Reo Māori in assessment except where: (i) a paper is taught fully or partly in a language other...»

«The Influence of Divided Government on Policy-Making and Bureaucratic Autonomy John D. Huber Columbia University Charles R. Shipan University of Iowa and Madelaine Pfahler University of Michigan August 14, 1998 Prepared for presentation at the Annual Meeting of the American Political Science Association, Boston, MA, September 3-6, 1998. The authors would like to thank Maureen Comfort and Todd Austin for excellent research assistance and The Robert Wood Johnson Foundation for financial support....»

«Abstract: This paper examines a new exhibition policy for works of art on paper as developed by the conservation department at the Montreal Museum of Fine Arts in 1991. It focuses specifically on the recommended exposure times to which works can be reasona bly subjected in light of the Museum's concurrent but sometimes conflicting mandates of preservation and display. The policy involves 3 sensitivity categories and proposes an annual limit (which can be converted into a bi -annual or...»

«Pdf Scanned by Sabinet Online GOVERNMENT NOTICE DEPARTMENT OF EDUCATION 14 October 2003 No. R. 1467 HIGHER EDUCATION ACT, 1997 (Act No. 101 of 1997) POLICY AND PROCEDURES FOR MEASUREMENT OF RESEARCH OUTPUT OF PUBLIC HIGHER EDUCATION INSTITUTIONS I, Professor Kader Asmal, MP, Minister of Education, in accordance with Section 3(1) of the Higher Education Act, 1997 (Act 101 of 1997), and after consulting the Council on Higher Education, has determined the policy set out in the Schedule hereto...»

«National Youth Development Policy of Belize Belizean Youth Taking The Lead Vision of the Belizean Youth Belizean Youth, united and empowered and positively contributing to national, regional and international development through increased access to opportunities for leadership and selfdevelopment that promote their overall wellbeing and supports the realization of their dreams and aspirations. National Youth Development Policy of Belize, 2012 Message from the Minister of Education, Youth and...»





 
<<  HOME   |    CONTACTS
2016 www.theses.xlibx.info - Theses, dissertations, documentation

Materials of this site are available for review, all rights belong to their respective owners.
If you do not agree with the fact that your material is placed on this site, please, email us, we will within 1-2 business days delete him.