Location: EU

Effects of Trade Wars on Belarus

20160620 FREE Policy Brief

The trade wars following the 2014 events in Ukraine affected not only the directly involved participants, but also countries like Belarus that were affected through international trade linkages. According to my estimations based on a model outlined in Ossa (2014), these trade wars led to an increase in the trade flow through Belarus and thereby an increase of its tariff revenue. At the same time, because of a ban on imports in the sectors of meat and dairy products, the tariff revenue of Russia declined. As a member of the Eurasian Customs Union (EACU), Belarus can only claim a fixed portion of its total tariff revenue. Since the decline in the tariff revenue of Russia led to a decline in the total tariff revenue of the EACU, there was a decrease in the after-redistribution tariff revenue of Belarus. As a result, Belarusian welfare decreased. To avoid further welfare declines, Belarus should argue for a modification of the redistribution schedule. Alternatively, Belarus could increase its welfare during trade wars by shifting from being a part of the EACU to only being a part of the CIS Free Trade Area (FTA). If Belarus was only part of the CIS FTA, the optimal tariffs during trade wars should be higher than the optimal tariffs without trade wars. The optimal response to the increased trade flow through Belarus is higher tariffs.

Following the political protests in 2014, Ukraine terminated its membership in the CIS Free Trade Area (FTA) and moved towards becoming a part of the EU. The political protests evolved into an armed conflict and a partial loss of Ukrainian territory. These events led to Western countries introducing sanctions against some Russian citizens and enterprises. In response, Russia introduced a ban on imports from EU countries, Australia, Norway, and USA in the sectors of meat products, dairy products, and vegetables, fruits and nut products. In addition, both Ukraine and Russia increased the tariffs on imports from each other in the above-mentioned sectors.

Clearly, the trade wars affected directly involved participants such as the EU countries, Russia, and Ukraine. At the same time, countries like Belarus that were not directly involved in the trade wars, were also affected because of international trade linkages. It is important to understand the influence of trade wars on none-participating countries. To address this question, a framework with many countries and international trade linkages will be utilized and I will in this policy brief present some of my key findings.

Framework and Data

To evaluate the effects of the trade wars, I use the methodology outlined in Ossa (2014). This framework is based on the monopolistic competition market structure that was introduced into international trade by Krugman (1979, 1981). The framework in Ossa (2014) allows for many countries and sectors, and for a prediction of the outcome if one or several countries changes their tariffs. Perroni and Whallye (2000) and Caliendo and Parro (2012) present alternative frameworks with many countries that can also be used to estimate the welfare effects of tariff changes. The important advantage of the framework introduced in Ossa (2014) is that only data on trade flows, domestic production, and tariffs are needed to evaluate the outcomes of a change in tariffs, though the model itself contains other variables like transportation costs, the number of firms, and productivities.

It should also be pointed out that the framework in Ossa (2014) is not an example of a CGE model as it does not contain features such as investment, savings, and taxes. Since the framework in Ossa (2014) is simpler than CGE models, the effects of a tariff change can more easily be tracked and interpreted. On the other hand, this framework does not take into account spillover effects of tariff changes on for example capital formation and trade in assets.

The data on trade flows and domestic production come from the seventh version of the Global Trade Analysis Project database (GTAP 7). The data on tariffs come from the Trade Analysis Information System Data Base (TRAINS). The estimation of the model is done for 47 countries/regions and the sectors of meat and dairy products.

Results

According to my estimations, because of the ban on imports by Russia, the trade flow through Belarus increased. Belarusian imports of meat products are estimated to have increased by 28%, and imports of dairy products by 47%. Such increases in imports mean an increase in the tariff revenue of Belarus. It should be pointed out, however, that the model only tracks the effects of the ban on imports in the sectors of meat and dairy products. An alternative way would be to construct an econometric model that takes into account different factors influencing the trade between the countries. The effects of the decrease in the price of oil and the introduced ban on imports, which happened close in time, could then have been evaluated.

The estimated model further predicts that, because of the ban on imports, the tariff revenue collected by Russia in these two sectors has decreased by 53%. This means that since Belarus can only claim a fixed portion (4.55%) of the total tariff revenue of the EACU, its after-redistribution tariff revenue collected in the meat and dairy product sectors declined by 44.86%, in spite of its increase in before-redistribution tariff revenue by 35%. The decline in Belarus’ after-redistribution tariff revenue is thus estimated to have led to a decrease in welfare by 0.03%. To prevent such a decrease in the future, Belarus should argue for an increase in its share of the total tariff revenue of the EACU.

Furthermore, in addition to the decrease in the tariff revenue, the estimated model predicts that the real wage in Russia decreased by 0.39%, and its welfare by 0.49%.

The introduced ban on imports also affected the European countries that used to export to Russia. The model predicts that the welfare of Latvia declined by 0.38% and that the welfare of Lithuania declined by 0.27%. A substantial portion of the decline in welfare of these countries can be explained by a decrease in their terms of trade. The introduced ban on imports by Russia led to a decline in prices in the countries that exported meat and dairy products to Russia. Lower prices led to a decrease in the proceeds from exports collected by EU countries, and lower proceeds from exports buy less import, implying a decrease in their welfare.

In spite of the increase in tariffs between Russia and Ukraine, the model predicts an increase in the welfare of Ukraine by 0.23% following the formation of the EU-Ukraine Deep and Comprehensive Free Trade Area (DCFTA). An increase in real wages by 0.34% is the main factor contributing to this welfare increase. This is because it is associated with a redirection of Ukrainian exports from Russia towards the EU. The predicted increase in real wages in Ukraine have not materialized so far, presumably because of the ongoing military conflict and because time is needed to redirect the trade flows in response to the changes in the tariffs.

While bearing in mind that the analysis is only based on the sectors of meat and dairy products, Belarus could have increased its welfare during the trade wars if it had shifted from EACU status back to CIS FTA status with tariffs set at before-EACU levels. In this case, Belarus would not have needed to share its tariff revenue with other countries, and would then have increased its tariff revenue by 47.93% instead of the now predicted decline by 44.86%. Similarly, the welfare during trade wars could then have increased by 0.05%, instead of the now predicted decline by 0.03%. Another advantage of moving to CIS FTA status during trade wars is that the real wage could have increased by 0.04% instead of the 0.003% in the case of continued EACU status. Belarus could further have benefitted from moving to CIS FTA status by choosing optimal tariffs. This study suggests that the optimal tariffs of Belarus under CIS FTA status with trade wars are higher than the optimal tariffs under CIS FTA status without trade wars. Higher tariffs is the optimal response to the increased trade flows through Belarus resulting from trade wars.

Conclusion

Although it is optimal to move to CIS FTA status during trade wars, it is optimal to move back to EACU status after the trade wars are over. Therefore, such a policy should be adopted with caution, since the shift back to EACU status will likely not be possible. If it is expected that the trade wars will continue for a long period of time, or if the other members of the EACU will often deviate from the common tariffs, a transition to CIS FTA should be adopted. At the same time, asking for an increase in its share of total tariff revenue of EACU is a feasible strategy for Belarus to follow.

While estimating the effect of a transition from EACU status to CIS FTA status for Belarus during trade wars, the evaluation was done using two sectors affected by counter-sanctions. To evaluate the full welfare effect of this transition, its effect on the other sectors of Belarus should also be estimated, which is a question for the further research.

Traces of Transition: Unfinished Business 25 Years Down the Road?

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This year marks the 25-year anniversary of the breakup of the Soviet Union and the beginning of a transition period, which for some countries remains far from completed. While several Central and Eastern European countries (CEEC) made substantial progress early on and have managed to maintain that momentum until today, the countries in the Commonwealth of Independent States (CIS) remain far from the ideal of a market economy, and also lag behind on most indicators of political, judicial and social progress. This policy brief reports on a discussion on the unfinished business of transition held during a full day conference at the Stockholm School of Economics on May 27, 2016. The event was organized jointly by the Stockholm Institute of Transition Economics (SITE) and the Swedish Ministry for Foreign Affairs, and was the sixth installment of SITE Development Day – a yearly development policy conference.

A region at a crossroads?

25 years have passed since the countries of the former Soviet Union embarked on a historic transition from communism to market economy and democracy. While all transition countries went through a turbulent initial period of high inflation and large output declines, the depth and length of these recessions varied widely across the region and have resulted in income differences that remain until today. Some explanations behind these varied results include initial conditions, external factors and geographic location, but also the speed and extent to which reforms were implemented early on were critical to outcomes. Countries that took on a rapid and bold reform process were rewarded with a faster recovery and income convergence, whereas countries that postponed reforms ended up with a much longer and deeper initial recession and have seen very little income convergence with Western Europe.

The prospect of EU membership is another factor that proved to be a powerful catalyst for reform and upgrading of institutional frameworks. The 10 countries that joined the EU are today, on average, performing better than the non-EU transition countries in basically any indicator of development including GDP per capita, life expectancy, political rights and civil liberties. Even if some of the non-EU countries initially had the political will to reform and started off on an ambitious transition path, the momentum was eventually lost. In Russia, the increasing oil prices of the 2000s brought enormous government revenues that enabled the country to grow without implementing further market reforms, and have effectively led to a situation of no political competition. Ukraine, on the other hand, has changed government 17 times in the past 25 years, and even if the parliament appears to be functioning, very few of the passed laws and suggested reforms have actually been implemented.

Evidently, economic transition takes time and was harder than many initially expected. In some areas of reform, such as liberalization of prices, trade and the exchange rate, progress could be achieved relatively fast. However, in other crucial areas of reform and institution building progress has been slower and more diverse. Private sector development is perhaps the area where the transition countries differ the most. Large-scale privatization remains to be completed in many countries in the CIS. In Belarus, even small-scale privatization has been slow. For the transition countries that were early with large-scale privatization, the current challenges of private sector development are different: As production moves closer to the world technology frontier, competition intensifies and innovation and human capital development become key to survival. These transformational pressures require strong institutions, and a business environment that rewards education and risk taking. It becomes even more important that financial sectors are functioning, that the education system delivers, property rights are protected, regulations are predictable and moderated, and that corruption and crime are under control. While the scale of these challenges differ widely across the region, the need for institutional reforms that reduce inefficiencies and increase returns on private investments and savings, are shared by many.

To increase economic growth and to converge towards Western Europe, the key challenges are to both increase productivity and factor input into production. This involves raising the employment rate, achieving higher labor productivity, and increasing the capital stock per capita. The region’s changing demography, due to lower fertility rates and rebounding life expectancy rates, will increase already high pressures on pension systems, healthcare spending and social assistance. Moreover, the capital stock per capita in a typical transition country is only about a third of that in Western Europe, with particularly wide gaps in terms of investment in infrastructure.

Unlocking human potential: gender in the region

Regardless of how well a country does on average, it also matters how these achievements are distributed among the population. A relatively underexplored aspect of transition is to which extent it has affected men and women differentially. Given the socialist system’s provision of universal access to education and healthcare, and great emphasis on labor market participation for both women and men, these countries rank fairly well in gender inequality indices compared to countries at similar levels of GDP outside the region when the transition process started. Nonetheless, these societies were and have remained predominantly patriarchal. During the last 25 years, most of these countries have only seen a small reduction in the gender wage gap, some even an increase. Several countries have seen increased gender segregation on the labor market, and have implemented “protective” laws that in reality are discriminatory as they for example prohibit women from working in certain occupations, or indirectly lock out mothers from the labor market.

Furthermore, many of the obstacles experienced by small and medium-sized enterprises (SMEs) are more severe for women than for men. Female entrepreneurs in the Eastern Partnership (EaP) countries have less access to external financing, business training and affordable and qualified business support than their male counterparts. While the free trade agreements, DCFTAs, between the EU and Ukraine, Georgia, and Moldova, respectively, have the potential to bring long-term benefits especially for women, these will only be realized if the DCFTAs are fully implemented and gender inequalities are simultaneously addressed. Women constitute a large percentage of the employees in the areas that are the most likely to benefit from the DCFTAs, but stand the risk of being held back by societal attitudes and gender stereotypes. In order to better evaluate and study how these issues develop, gendered-segregated data need to be made available to academics, professionals and the general public.

Conclusion

Looking back 25 years, given the stakes involved, things could have gotten much worse. Even so, for the CIS countries progress has been uneven and disappointing and many of the countries are still struggling with the same challenges they faced in the 1990’s: weak institutions, slow productivity growth, corruption and state capture. Meanwhile, the current migration situation in Europe has revealed that even the institutional development towards democracy, free press and judicial independence in several of the CEEC countries cannot be taken for granted. The transition process is thus far from complete, and the lessons from the economics of transition literature are still highly relevant.

Participants at the conference

  • Irina Alkhovka, Gender Perspectives.
  • Bas Bakker, IMF.
  • Torbjörn Becker, SITE.
  • Erik Berglöf, Institute of Global Affairs, LSE.
  • Kateryna Bornukova, Belarusian Research and Outreach Center.
  • Anne Boschini, Stockholm University.
  • Irina Denisova, New Economic School.
  • Stefan Gullgren, Ministry for Foreign Affairs.
  • Elsa Håstad, Sida.
  • Eric Livny, International School of Economics.
  • Michal Myck, Centre for Economic Analysis.
  • Tymofiy Mylovanov, Kyiv School of Economics.
  • Olena Nizalova, University of Kent.
  • Heinz Sjögren, Swedish Chamber of Commerce for Russia and CIS.
  • Andrea Spear, Independent consultant.
  • Oscar Stenström, Ministry for Foreign Affairs.
  • Natalya Volchkova, Centre for Economic and Financial Research.

 

The Issue of Repeat Cartel Offences

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Leniency policies have become an important antitrust tool but it is not clear whether they have effectively prevented recidivism or whether firms have learned to collude under, and even make strategic use of them. If “recidivism” is really an industry-level phenomenon, the appropriate policy measures are very different from what is necessary if individual firms, having been detected and punished for colluding, engage in the behavior again. Following Levenstein et al. (2015), this brief discusses the recidivism question as one about post-cartel behavior, i.e. the set of policies required to assure that effective competition emerges post-cartel breakup.

Measuring Recidivism

Cartels are one of the main concerns of the European Commission (EC) and the US Department of Justice (DOJ) and so, the US and EU Leniency Programmes (LPs) were designed, in 1978 and 1996 respectively, as a device for the deterrence and dissolution of collusive agreements (see Marvão and Spagnolo (2015a) for an in-depth review on the available evidence of the effects of LPs).

In the analysis of cartel formation, recidivism is an important issue. In the set of 510 cartel members fined by the EC in 1998-2014, Marvão (2015) identifies 89 “multiple offenders” (firms fined for collusion more than once), 10 “repeat offenders” (firms which initiate a cartel after being investigated for another cartel), and 5 recidivists following the definition from Werden et al. (2011): firms which initiate a cartel after being fined for another cartel.

The DOJ dataset compiled by Levenstein and Suslow (2015), spanning 1961-2013, preliminarily finds 113 “multiple offenders” but only 14 “repeat offenders”. Of these 14 firms, 5 that had been previously indicted were caught in the 1990s, but none was indicted again by the DOJ in the 2000s.

Although the number of (discovered) “true recidivists” is not zero, it is less than 1% in these two samples (EU, US). Recidivism seems to arise when there are lapses in enforcement; not surprisingly, some firms take advantage of these lapses to return to old behaviors. Designing policies that are able to prevent recidivism requires understanding whether this is an industry or firm-level phenomenon.

Industry Recidivism

Levenstein et al. (2015) use the above-mentioned EU and US datasets to show that collusion occurs in virtually all sectors of the economy, but with discernable patterns.

In the US, construction and chemicals are frequently cartelized (pre and post leniency). There are a large number of cartels in local markets in some industries, such as retail gasoline stations and dealers and ready-mix concrete. While collusion in these local markets is frequently uncovered, it is not necessarily amongst the same firms.

In the EU, chemicals and transport cartels are also frequent areas of collusive activity (although cartels that are strictly within national boundaries and prosecuted by national competition authorities are not included in the sample).

The authors show that there is a large share of repeat and multiple offenders in chemicals and a surprisingly high proportion of repeat offenders in the manufacture of transport and electrical equipment. The highest proportion of multiple offenders is found in pharmaceuticals and refined petroleum products. The transportation and storage market is a sector with a high incidence of collusion (83 convicted cartel members), but no repeat offenders.

While the determinants of cartel activity are varied and endogenous, some correlations with industry-driven recidivism can be discussed:

  1. Industry concentration. It increases the ease of tacit collusion and it should increase the likelihood of explicit collusion, but there are many cartel examples in unconcentrated industries. In some industries, it has been argued that high fixed costs make competition unstable, so that, absent collusion, firms price below long-run marginal cost and are unable to cover fixed costs (Pirrong, 1992).
  2. Culture and history. Spar (1994) argues that the cooperative culture necessary for survival for diamond miners facilitated collusion as the industry matured. Policy fluctuations can also contribute to this problem, as was the case in the US during the Great Depression.
  3. Inelastic demand. This is empirically challenging to capture if the observed prices have been affected by monopoly power, thus potentially raised to a level at which demand is elastic. In many cases, the direct consumer is a producer, so the downstream cost function and competitive intensity also influence elasticity of demand for the cartelized product. Grout and Sonderegger (2005) estimate the likelihood of collusion in the US and EU and rank industries accordingly. This could be used to target competition authority resources to select industries.

Firm Recidivism

Once a cartel breaks-up, cartel members may decide to compete in the market, merge, tacitly collude, or explicitly collude again. The latter does not mean that the cartel re-forms: a firm may collude in a new industry or product line or with a new set of co-conspirators.

U.S. Steel was involved in 6 different US cartels between 1948 and 1969, with different cartel partners and in different steel products. VSL construction was similarly involved (including as a leader) in multiple US cartels across several decades with distinct, but overlapping partners.

In the EU, Akzo Nobel N.V. has been convicted for 9 cartels, which lasted between 1987 and 2007, and in which its co-conspirators were mostly overlapping – e.g. collusion with Arkema in 6 instances (although the latter changed its name during the period). Many of the other co-conspirators were also multiple offenders. While Akzo only received one fine increase for recidivism, it received 7 leniency reductions, of which 3 were full immunity.

Other EC repeat offenders are ABB and Degussa Evonik – both convicted 4 times and received full immunity twice – as well as Brugg and Sumitomo. The latter was convicted for 7 cartels, of which 5, in the automotive wire harness, were self-reported.

What may influence repeated cartel participation, at the firm level?

  1. Firm’s corporate culture. In such a case, the leadership of the organization expects managers to collude, and collusion occurs in many markets in which the firm operates. Firm norms and expectations of managerial behavior can repeatedly encourage collusion and “disregard” previous fines, as illustrated in the ADM case (Eichenwald, 2000).
  2. Firm structure. Multi-market collusion literature focuses on the ability of firms to target punishments in particular markets. Multi-market firms may also encourage the spread of collusion if they have learned to collude in one market and share their “best practices” in another. This seems to have been the case, for example, in the spread of the vitamin cartel from vitamins A and E to other vitamins (Connor, 2008). Multi-market collusion is encouraged not only by multi-product multinationals, but also multi-market relationships between what appear to be smaller firms in local markets. For example, if gas stations are owned by multi-market firms such as large oil firms or chains of stations, that may facilitate repeated collusion over time and/or across geographic locations.

Policy Tools

In complementarity with LPs, Levenstein et al. (2015) discuss additional (possibly) effective post-cartel policies, aimed at preventing firm-driven recidivism.

  1. Company Fines and Leniency. Theoretical research has emphasized the aptitude of well-designed and well-run LPs to improve cartel detection and deterrence (for a survey, see Spagnolo, 2008). However, Marvão and Spagnolo (2015b) note the generosity of the current EU LP: the average LP reduction is 45% and leniency is granted to 52% of convicted cartel members. In addition, Marvão (2015) shows that repeat offenders appear to receive larger EC leniency reductions, which suggests that firms can learn the “rules of the game”, colluding repeatedly and reporting the cartel to reduce their penalties. As such, fines need to be tougher and recidivism needs to be dealt with differently.
  2. Individual Accountability. Senior management in EU cartels does not seem to suffer from their participation in cartels. For example, Robert Koehler became CEO of SGL Carbon in 2012, after being convicted in 1999 of price-fixing in the graphite electrodes cartel. Imposing tougher sanctions, such as individual prison sentences or disqualification of senior executives from employment in their sector or role, may prevent repeated collusive behaviors (in new firms) and thus, increase deterrence levels.
  3. Follow-On Damages. Private damage suits may increase deterrence. In the US, private litigation plays a major role in the enforcement of antitrust law. Conversely, access to private damages is relatively new in the EU. A recently adopted EU Directive on damages (11/2014) prevents the use of LP statements in subsequent damage actions. However, Buccirossi et al. (2015) show that the effectiveness of damage actions can be improved if the civil liability of the immunity recipient is minimized and claimants receive full access to all evidence collected by the competition authority. Access to previous cartel decisions, for a given firm, will increase the amount of available information and can increase the likelihood and/or amount of successful damage claims.
  4. Consent Decrees. These impose conditions on the behavior of convicted firms (e.g. maximum price, and transparency). If these are violated, the authorities intervene, thus lowering the cost of prosecuting recidivists. In the US, decrees were routinely used by the DOJ in the 1960s and 1970s, but the practice was abandoned due to concerns of effectiveness and large costs. More recently, in September 2007, the Brazilian Administrative Council for Economic Defense enacted a resolution that allows for the use of consent decrees with the aim to settle cartel investigations. Two have already been executed.

If recidivism is industry-driven, its prevention may require a different set of tools, including those below, to complement leniency.

  1. Structural Remedies. Competition authorities have repeatedly permitted mergers among former cartel members, often without review, let alone structural intervention. Davies et al. (2014) examine mergers among former cartel conspirators and conclude that only 29% of the mergers were investigated by the EC. Remedies such as disclosure, divestiture of assets, selling minority shares in competitors, or licensure of intellectual property to competitors may change the nature of competition in the market and make collusion more difficult (see Marx & Zhou, 2015 regarding post-cartel mergers). This is particularly relevant if recidivism is industry-driven.
  2. Monitoring and screening. Some antitrust authorities have implemented monitoring and screening techniques to identify anticompetitive behavior in a given industry. These initiatives involve the analysis or monitoring of the characteristics of products or market structures that are thought to be more prone to collusion (mostly due to repeated offenses). Some examples are watch lists (e.g. Australia, UK, Chile), price observatories (e.g. Belgium, Spain, France), statistical screens (e.g. US FTC, Korea FTC), gasoline retail in Brazil and public procurement in Sweden (see Abrantes-Metz (2013) for further details on screens).

Conclusions

While literal recidivism, i.e. the formation of a cartel after having been convicted of illegal collusion, appears to be rarely detected in the EU and US, there remain policy gaps closing which could improve competition post-cartel.

A variety of post-cartel policies should be explored for their ability to increase the likelihood that workable competition, rather than tacit collusion or single firm dominance, will emerge. These reduce the reliance of competition authorities on leniency-driven self-reports, which will in turn make leniency more effective and less amenable to strategic use by firms determined to collude.

 

References

  • Abrantes-Metz, Rosa (2013). “Proactive vs Reactive Anti-Cartel Policy: The Role of Empirical Screens.” Available at SSRN: http://ssrn.com/abstract=2284740.
  • Buccirossi, Paulo, Catarina Marvão, and Giancarlo Spagnolo (2015). “Leniency and Damages,” CEPR Working Paper DP 10682.
  • Connor, John M. (2008). Global Price Fixing, 2nd ed. Berlin: Springer.
  • Eichenwald, Kurt (2000). The Informant. New York: Random House.
  • Grout, Paul and Silvia Sonderegger (2005) “Predicting Cartels,” Office of Fair Trading, Economic Discussion Paper.
  • Levenstein, M., Marvão, C., Suslow, V., 2015. Serial Collusion in Context: Repeat Offenses by Firm or by Industry? OECD Global Forum on Competition. DAF/COMP/GF(10/2015)
  • Levenstein, Margaret C., and Valerie Y. Suslow (2015). “Price Fixing Hits Home: An Empirical Study of U.S. Price-Fixing Conspiracies,” working paper.
  • Marvão, C., 2015. The EU Leniency Programme and Recidivism. Review of Industrial Organization, 48(1), 1-27
  • Marvão, Catarina and Giancarlo Spagnolo (2015a). “What do we know about the effectiveness of leniency policies? A survey of the empirical and experimental evidence,” in Beaton-Wells, C and C Tran (eds.), Anti-Cartel Enforcement in a Contemporary Age: The Leniency Religion, Hart Publishing.
  • Marvão, Catarina and Giancarlo Spagnolo (2015b). “Pros and Cons of Leniency, Damages and Screens”. Competition Law and Policy Debate (forthcoming)
  • Marx, Leslie M., and Jun Zhou (2015). “The Dynamics of Mergers among (Ex) Co-Conspirators in the Shadow of Cartel Enforcement,” working paper.
  • Pirrong, Stephen Craig (1992). “An application of core theory to the analysis of ocean shipping markets” Journal of Law and Economics, 35(1): 89-131.
  • Spar, Debora (1994). The Cooperative Edge: The Internal Politics of International Cartels, Ithaca: Cornell University Press.
  • van Driel, Hugo (2000). “Collusion in Transport: Group Effects in a Historical Perspective.” Journal of Economic Behavior and Organization, 41(4): 385–404.
  • Werden, Gregory, Scott Hammond, and Belinda Barnett (2011). “Recidivism Eliminated: Cartel Enforcement in the United States since 1999,” Georgetown Global Antitrust Enforcement Symposium, Washington DC, Sept. 22, 2011.

Examining Social Exclusion among the 50+ in Europe – Evidence from the Fifth Wave of the SHARE Survey

Though intuitive, the concept of social exclusion is complex and hard to measure. Recently, however, we have witnessed policymakers and international institutions increasingly pay attention to better understand material and social distress and to identify the means to improve a broadly defined standard of living. In this brief, we summarize some of the results and conclusions from a recently published First Results Book based on the latest data from the Survey of Health, Ageing and Retirement in Europe (SHARE). We discuss the approach adopted to measure material and social deprivation, and the subsequent identification of risk of social exclusion. We show that Europeans increasingly value the quality of their social life as they grow older and that factors, such as worsening health, unmet long-term care needs, loneliness or lack of social cohesion are important determinants of social exclusion among the 50+ population. If socio-economic policies are to respond effectively to the needs of older Europeans, then broader aspects of their lives need to be taken into account and public policy should go beyond simple targets of income-defined poverty.

The Survey of Health Ageing and Retirement in Europe (SHARE) is an international research project focused on the European 50+ population, and combines information on key areas of life including health, labour market activity, financial situation, social involvement as well as family and social networks. The fifth wave of this panel study took place in 2013 with detailed interviews conducted in 15 European countries. The survey included a special set of questions aiming to improve the understanding of the degree of financial difficulties faced by the 50+, and to address the question of the extent of social exclusion in different European countries. The First Results Book documenting details of the survey has just been published by the international research team involved in the SHARE project. In this brief, we discuss some key results reported in this publication with focus on the analysis of deprivation and social exclusion in Europe among the 50+.

Capturing a Complex Concept of Social Exclusion in Socio-Economic Data

In recent years, the notion of “social exclusion” has been gaining importance as a reference in academic and policy circles with regards to the goals and conduct of socio-economic policy. In fact, in the Europe 2020 strategy, the European Union has made a formal commitment to “recognise the fundamental rights of people experiencing poverty and social exclusion, enabling them to live in dignity and take an active part in society” (European Commission, 2010). Yet, while the concept has an intuitive appeal, the approach to its measurement and analysis has been far from formalised and continues to leave room for a high degree of arbitrariness. This flexibility in the treatment of social exclusion, given the nature of the concept, may seem necessary and in fact desired, but at the same time requires a lot of care at the level of analysis and caution with regard to conclusions drawn from it.

The recent increase in the popularity of broad measures of financial circumstances, going beyond the simple income-based poverty indicators, reflects a number of limitations of the latter as far as it reflects overall material conditions and welfare of individuals. These limitations may be particularly important in the case of older individuals, for whom material wellbeing will be strongly affected by health status or disability, as well as by the extent of accumulated assets at their disposal (e.g. Laferrère and Van den Bosch, 2015; Bonfatti et al., 2015). With this in mind, the fifth wave of the SHARE survey was enriched with a set of additional questions aimed at identifying different sources of deprivation that 50+ individuals are especially exposed to. Based on available data we developed two SHARE-specific measures to assess material and social aspects of deprivation, which were further combined into a single indicator of social exclusion. 13 items from the SHARE questionnaire, exploring affordability of basic needs and financial difficulties among SHARE respondents, were brought together into an aggregate indicator of material conditions (Bertoni et al. 2015). The measure of social deprivation was derived from 15 SHARE items investigating social isolation, quality of neighbourhood and social involvement (Myck et al. 2015). In both cases, so-called hedonic weights were applied to individual items (weights based on the relationship of deprivation items with life satisfaction measure). Based on the threshold of the 75th percentile of total distribution of each of the two indices, individuals with high levels of deprivation in both dimensions were classified as at risk of social exclusion. The scientific value of developed measures has been validated by Najsztub et al. (2015), who found a good compliance in the cross-country variation of material and social deprivation and with common welfare indicators, such as the Human Development Index or income per capita.

Ageing and Social Exclusion among Older Europeans

Comparing material and social deprivation between those aged 50-64 years old and respondents aged 65+ shows that while the level of social deprivation is higher for the older group, the opposite is true for material deprivation (Myck et al. 2015). This suggests that social deprivation grows with age; on the one hand because of increased isolation of older people, and on the other, because older individuals may value their social circumstances more. This conclusion is supported in Shiovitz-Ezra (2015), who reports that, with regards to loneliness, social cohesion and neighbourhood quality play an increasingly important role among older respondents.

Figure 1 Proportion of Individuals at Risk of Social Exclusion by Country

fig1Source: Myck et al. (2015)

When analysing country variation of the two-dimensional indicator of being at risk of social exclusion, we can see that the proportion of the 50+ population exposed to this risk is the highest in Estonia (27.1%), Israel (25.5%) and Italy (23.1%; see Figure 1). On the other hand, countries with the lowest proportion of individuals at risk of social exclusion are Denmark, Sweden and Switzerland. In these countries the proportion is lower than 4%. Naturally, there is important variation in the risk of exclusion also within countries. For example, the results of Hunkler et al. (2015) show that compared to a native born, migrants suffer much higher degree of exclusion in their present country, which, to a lesser extent, is also true for their children.

An analysis of factors that affect the risk of social exclusion reveals that higher education, being employed or retired, and living with a partner substantially limit this probability (Myck et al., 2015). There is also a strong correlation between social exclusion and poor health status. Older people in poor health and those with limited ability to carry out activities of daily living are more vulnerable to both material and social deprivation (Laferrère and Van den Bosch, 2015). People requiring long-term care but reporting unmet needs in this domain are more likely to suffer from deprivation in the social dimension. Importantly from a policy point of view, Bertoni et al. (2015) provide evidence that eyesight and hearing loss contribute to a higher probability of social exclusion, and among the oldest old lead to reduced actual social participation.

Conclusion

Since the importance of different aspects of social life increases when people grow older, policy instruments targeted at income-defined poverty will be ineffective in addressing important aspects of older people’s welfare. It therefore seems important that broader aspects of everyday life are taken into account when constructing socio-economic policies aimed at reducing social exclusion among older Europeans.

References

  • Adena, M., Myck, M., Oczkowska, M. (2015) Material deprivation items in SHARE Wave 5 data: a contribution to a better understanding of differences in material conditions in later life. In: Börsch-Supan et al. (2015).
  • Bertoni, M., Cavapozzi, D., Celidoni, M., Trevisan, E. (2015) Development and validation of a material deprivation index. In: Börsch-Supan et al. (2015).
  • Bertoni, M., Celidoni, M., Weber, G., Kneip, T. (2015) Does hearing impairment lead to social exclusion?. In: Börsch-Supan et al. (2015).
  • Bonfatti, A., Celidoni, M., Weber, G., Börsch-Supan, A. (2015) Coping with risks during the Great Recession. In: Börsch-Supan et al. (2015).
  • Börsch-Supan, A., Kneip, T., Litwin, H., Myck, M., Weber, G. (eds) (2015) Ageing in Europe – Supporting Policies for an Inclusive Society. De Gruyter.
  • European Commission (2010) EUROPE 2020: A European strategy for smart, sustainable and inclusive growth.
  • Hunkler, C., Kneip, T., Sand, G., Schuth, M. (2015) Growing old abroad: social and material deprivation among first- and secondgeneration migrants in Europe. In: Börsch-Supan et al. (2015).
  • Laferrère, A., Van den Bosch, K. (2015) Unmet need for long-term care and social exclusion. In: Börsch-Supan et al. (2015).
  • Myck, M., Najsztub, M., Oczkowska, M., (2015) Measuring social deprivation and social exclusion. In: Börsch-Supan et al. (2015).
  • Najsztub, M., Bonfatti, A., Duda, D. (2015) Material and social deprivation in the macroeconomic context. In: Börsch-Supan et al. (2015).
  • Shiovitz-Ezra, S. (2015) Loneliness in Europe: do perceived neighbourhood characteristics matter? In: Börsch-Supan et al. (2015).

Public Procurement Thresholds in Sweden

Authors: Elena Paltseva and Giancarlo Spagnolo, SITE.

We investigate the impact of procurement thresholds on strategic behavior of public buyers in Sweden. We document signs of “bunching” at the threshold, which suggests that strategic behavior in procurement is potentially important in Sweden, and should not be overlooked in the on-going public debate on the procurement thresholds. At the same time, data limitations do not allow us to access the impact of this strategic behavior on procurement outcomes and efficiency. This calls for better and more extensive procurement data collection.

Who Cheats on a Cartel Agreement?

20150316 Who Cheats on a Cartel Image 01

Leniency policies, widely used by antitrust authorities, aim to deter and dissolve cartels by granting a fine reduction (up to immunity) to reporting cartel members. What are the characteristics of the reporting cartel members? Marvão (2014) addresses this question by developing and testing a model where cartel members are heterogeneous in terms of the value of the cartel fine they expect to receive. The author shows that the first reporting firm in a cartel tends to be the cartel leader (in the US) or a repeat offender (in the EU). Reporting is also shown to be more likely in cartels which affect a larger market (in the US) and in cartels which have a lower number of members but which affect a geographical area wider than the EEA (in the EU).

Analysis of Leniency Policies

Cartels are a perennial problem and are one of the main concerns of the European Commission (EC) and the US Department of Justice (DOJ). As cartels are secret, measuring the rate of success of cartel detection is challenging. The increased number of detections in recent years may be the result of a higher desistance rate and/or a higher incidence of cartels. The US and EU Leniency Programmes (LPs) were thus designed to work as a device for the deterrence and dissolution of collusive agreements and have been in place since 1978 and 1996, respectively.

The DOJ’s decision on cartel fines is made in accordance with the “U.S. Sentencing Guidelines” and is, in the vast majority of cases, followed by plea-bargaining. The US Leniency Programme grants full immunity to the first firm coming forward, whereas the other firms receive no leniency reduction. However, plea bargaining is present in over 90% of cartel offences and the settlements often lead to a reduced fine for the subsequent cartel members. Firms are also liable for the damages caused by the cartel’s activity. In addition, the Amnesty Plus Program benefits prosecuted cartel members who disclose previously undetected cartels.

EU fines are set in accordance with the “EU Guidelines on the method of setting fines” and are adjusted to account for aggravating and mitigating circumstances. The total fine is capped at 10% of the total worldwide turnover of the firm in the previous year. In the current LP, the first reporter receives immunity from fines and the subsequent firms receive a reduction of 10-75%, depending on their place in the reporting queue.

The empirical literature on LPs policies is relatively short and recent. It focuses on the adequacy of the leniency reductions and presents conflicting results. However, an understanding of the characteristics of the reporting firms, and of the cartels in which they take part, is vital to make policies provide the correct incentives for firms so as to dissolve and dissuade cartels.

The Issue of Repeat Offenders

The current EU fine guidelines state that a repeat offender is any firm that was previously found to infringe Articles 101 or 102 of the EU Treaty. The DOJ defines repeat offenders as any firm that “after release from custody for having committed a crime, is not rehabilitated”. While repeat offenders are a serious issue, the LP Notices are not explicit as to whether or not they should receive a lower leniency reduction, if any.

Repeat offenders are also a highly debated issue. In Marvão (2012), it is shown that recidivism is one the factors which influence the granting and scale of EU leniency reductions. Connor (2010) has suggested that there is evidence of a significant incidence of recidivism, and identifies 389 recidivists worldwide in the period between 1990 and 2009. This number constitutes 18.4% of the total number of firms involved in 648 international hard-core cartel investigations and/or convictions. Werden et al. (2011) have contested Connor’s definition of recidivism and his calculation of the numbers of multiple and repeat offenders. The main discrepancy between the two arguments appears to be in how cartel members who merge and form a new firm are dealt with. Werden et al. (2011) follow the legal practice (DOJ and EC) and suggest that no repeat offenders have been fined in the US, since 1999.

The Model by Marvão (2014)

The aim of Marvão (2014) is to understand the specific characteristics of reporting cartel members and of the cartels in which they take part.

If firms are similar in everything but their own beliefs on the likelihood of being caught by the authorities, firms may have different incentives to report the cartel. Different beliefs may be generated from public statements issued by EU or US officials, knowledge of the budget allocated to the detection and conviction of cartels, and the proportion of convictions in cartel investigations, among others. Harrington (2013) formalizes this behaviour but his underlying assumption of homogeneity of firms only allows for symmetric equilibria.

Marvão (2014) extends the game in Harrington (2013) to include firm heterogeneity. In the first game stage, a two-firm cartel collapses for internal reasons. In the second stage, each firm receives a private signal on the expected probability of detection and conviction by the authorities. Given the signal received, and the expectations on the other firm’s behavior, firms decide to report if the signal is above their threshold level. In addition to the individual fine, the cartel sanction includes a payment for overcharges and other costs inherent to being fined. These costs may include attorney fees, negative impact on consumer’s perception (which may lead to lower sales), managers being fired, future punishment by other firms and possible future damage claims (from customers). Each cartel member can apply to the LP and receive a fine reduction.

The model shows that the cartel member with the highest expected fine will be the first to report the cartel, provided that it receives a sufficiently high and unbiased signal on the probability of being caught.

Empirical Evidence in Marvão (2014)

The theoretical model is tested with the use of data on cartel convictions. The US data employed in the empirical analysis is an excerpt from John Connor’s Private International Cartels dataset (1984-2009; 799 cartels). The EU data was self-collected by the author and includes 81 cartels in the period of 1998 to 2011.

Cartel Leaders

US data on the individual turnover are not available, but sales and overcharges are likely to be larger for the cartel leader. Although this creates a further incentive to report the cartel, the US DOJ guidelines state that leaders cannot receive immunity from fines. It is thus surprising that the results show that, in US cartels, the leader seems to be more likely to report and receive immunity from fines. The cartel leader is identified as the firm mentioned in the DOJ decision as a ringleader or mentioned in the history of the case as the cartel disciplinarian/bully. This result suggests that different definitions of ringleaders are used, or that the rule is not always enforced by the DOJ.

In the EU, it is only the coercer of the cartel who is not allowed, since the LP of 2002, to receive immunity from fines. Although the EU public statements on cartel convictions do not identify the leader or coercer of the cartel, it is likely that the coercer is also the leader of the cartel. However, with no explicit data on the leader, the results cannot be obtained.

Repeat Offenders

Surprisingly, the US results show that repeat offenders are more likely to receive immunity from fines. Even more concerning is the fact that this likelihood is larger with each additional repeat offender in the cartel.

The EU results show that firms that have colluded more than once are more likely to report the cartel and receive immunity from fines. This effect is particularly strong if the report occurs after the end of the cartel.

It may be that repeat offenders are larger in terms of sales or have better knowledge of how to interpret the signals received, perhaps due to their previous collusive agreements, and thus, are better at choosing the timing of the report and what evidence to provide the authorities with. Although it is in the authorities’ interest to give incentives to the reporting of a cartel, legislation should ensure that the deterrence effect is not diminished by the existence of excessive leniency reductions.

Additional Results

Reports are more likely to occur in US cartels which serve markets with a moderate and, to a lesser extent, large number of buyers; as well as in cartels which are shorter and smaller. This is perhaps because collecting evidence is easier and/or quicker. In addition, firms which are convicted in both US and EU are more likely to be the first reporter in the US if they received a lower EU fine, perhaps because they are quicker to report the cartel to the DOJ.

EU Reports are more likely to occur in longer and smaller cartels. The latter result is noteworthy as it contrasts with the work done in Sjoerd (2005) and Brenner (2009), where the number of cartel members is never significant.

In EU cartels reported after their end, the reporter is less likely to have received other reductions. Although these reductions could be due to firms claiming not to know that the agreement was illegal, it could also be that firms apply for other reductions if they do not expect to receive a (large) leniency reduction.

Conclusions

When the perceived probability of conviction is high, firms are more inclined to report the cartel. This prosecution effect is magnified by the existence of the EU and US Leniency Programmes. In addition, a pre-emption effect exists as when firms believe that other firms will report, there is an incentive to be the first reporter and apply for a fine reduction within the LP. Therefore, identifying the most likely reporter in a cartel is key to designing a successful LP.

Marvão (2014) shows that the main sources of fine heterogeneity are recidivism and leadership of the cartel, which illustrate the need for more proactive competition authorities.

Reports are also more likely in cartels that affect a larger market (in the US) and in cartels that have a lower number of members but which affect a geographical area wider than the EEA (in the EU). Leniency Programmes should thus be in line with these incentives, by focusing on dissolution of cartels in these markets and by increasing firm’s beliefs on the likelihood of conviction. This could be done, for example, through unannounced inspections, screenings and requests for information or for a meeting with a firm representative. These measures, provided that they are credible, would supplement and enhance leniency.

References

  • Brenner, S., 2009. An empirical study of the European corporate leniency program. International Journal of Industrial Organization 27 (6), 639–645.
  • Connor, J. M., 2010. Recidivism revealed: Private international cartels 1990-2009. CPI Journal 6, 2.
  • Harrington, J. E., 2013. Corporate leniency programs when firms have private information: The push of prosecution and the pull of pre-emption. Journal of Industrial Economics 61 (1), 1–27.
  • Marvão, C., 2012. The EU Leniency Programme: Incentives for self-reporting. Trinity College Dublin. Working paper.
  • Sjoerd, A., 2005. Crime but no punishment. An empirical study of the EU 1996 leniency notice and cartel fines in Article 81 proceedings. Master’s thesis, Economic Faculty of the Universiteit van Amsterdam.
  • Werden, G., Hammond, S., Barnett, B., 2011. Recidivism eliminated: Cartel enforcement in the United States since 1999. Research Paper

On Leniency, Damages and Deterrence

Authors: Catarina Marvão and Giancarlo Spagnolo, SITE.

On November 26th of 2014, an EU Directive on antitrust damage actions was signed into law. The Directive is to praise as it does a lot to facilitate private antitrust actions in the EU. However, the Directive also tries to address a possible conflict between public and private antitrust law enforcement due to the central role played by Leniency Programs in cartel detection and prosecution. This conflict has long been at focus of legal debate. Private damage actions may reduce the attractiveness of Leniency Programs for cartel participants if their cooperation with the competition authority increases the chance that the cartel’s victims will bring a successful suit. The Directive strikes a compromise between public and private enforcement by preventing the use of leniency statements in subsequent actions for damages and limiting the liability of the immunity recipient to its direct and indirect purchasers. A new paper by Buccirossi, Marvão and Spagnolo (2014) shows that damage actions will actually improve the effectiveness of such programs, through a legal regime in which the civil liability of the immunity recipient is minimized and full access to all evidence collected by the competition authority, including leniency statements, is granted to claimants, a legal regime already implemented in Hungary since 2011.

Is Cutting Russian Gas Imports Too Costly For The EU?

20140608 FREE Network Policy Brief

This brief addresses the economic costs of a potential Russian gas sanction considered by the EU. We discuss different replacement alternatives for Russian gas, and argue that complete banning is currently unrealistic. In turn, a partial reduction of Russian gas imports may lead to a loss of the EU bargaining power vis-à-vis Russia. We conclude that instead of cutting Russian gas imports, the EU should put an increasing effort towards building a unified EU-wide energy policy.

Soon after Russia stepped in Crimea, the question of whether and how the European Union could react to this event has been in the focus of political discussions. So far, the EU has mostly implemented sanctions on selected Russian and Ukrainian politicians, freezing their European assets and prohibiting their entry into the EU, but broader economic sanctions are intensively debated.

One such sanction high on the political agenda is an EU-wide ban on imports of Russian gas. Such a ban is often seen as one of the potentially most effective economic sanctions. Indeed the EU buys more than half of total Russian gas exports (BP 2013), and gas export revenues constitute around one fifth of the Russian federal budget (RossBusinessConsulting,2012 and our calculations). Thus, by banning Russian gas the EU may indeed be able to exert strong economics pressure on Russia.

However, the feasibility of such sanction is questionable. Indeed, in 2012 Russia supplied around 110 bcm of natural gas to EU-28 (Eurostat), which constitutes 22.5% of total EU gas consumption. There are a number of alternatives to replace Russian gas, such as an increase in domestic production by investing in shale gas, or switching to other energy sources, such as nuclear, coal or renewables. However, many of the above alternatives, e.g. shale gas or nuclear power, involve large and time-consuming investments, and thus cannot be used in the short run (say, within a year). Others, such as wind energy, are subject to intermittency problem, which again requires investments into a backup technology. The list of alternatives implementable within a short horizon is effectively down to replacing Russian gas by gas from other sources and/or switching to coal for electricity generation. Below, we argue that even if such a replacement is feasible, it is likely to be very costly for the EU, both economically and environmentally.

Notice that any replacement option will be automatically associated with a significant increase in economic costs. This is due to the fact that a substantial part of Russian gas exports to Europe (e.g., according to Financial Times, 2014 – up to 75%) are done under long-term “take-or-pay” contracts. These contracts assume that the customer shall pay for the gas even if it does not consume it. In other words, by switching away from Russian gas, the EU would not only incur the costs of replacing it, but also incur high financial or legal (or both) costs of terminating the existing contracts with Russia, with the latter estimated to be around USD 50 billion (Chazan and Crooks, Financial Times, 2014).

Due to this contract clause, own costs of replacement alternatives become of crucial importance. The coal alternative is currently relatively cheap. However, a massive use of coal for power generation is associated with a strong environmental damage and is definitely not in line with the EU green policy.

What about the cost of reverting to alternative sources of gas? First, in utilizing this option, the EU is bound to rely on external and potentially new gas suppliers. Indeed, the estimates of potential contribution within the EU – by its largest gas producer, the Netherlands – are in the range of additional 20 bcm (here and below see Zachmann 2014 and Economist 2014). Another 15-25 bcm can be supplied by current external gas suppliers: some 10-20 bcm from Norway, and 5 bcm from Algeria and Libya. This volume is not sufficient for replacement, and is not likely to be cheaper than Russian gas.

This implies that the majority of the missing gas would need to be replaced through purchases of Liquefied Natural Gas (LNG) on the world market, in particular, from the US. This option may first look very appealing. Indeed, the current gas price at Henry Hub, the main US natural gas distribution hub, is 4.68 USD/mmBTU (IMF Commodity Statistics, 2014). Even with the costs of liquefaction, transport and gasification – which are estimated to be around 4.7 USD/mmBTU (Henderson 2012) – this is way lower than the current price of Russian gas at the German border (10.79 USD/mmBTU, IMF).

However, this option is not going to be cheap. A substantial increase in the demand for LNG is likely to lead to an LNG price hike. Notice that, at the abovementioned prices, US LNG starts losing its competitive edge in Europe already at a 15% price increase. Just for a very rough comparison, the 2011 Fukushima disaster lead to 18% LNG price increase in Japan in one month after disaster. Some experts are expecting the price of LNG in Europe to rise as much as two times in these circumstances (Shiryaevskaya and Strzelecki, Bloomberg, 2014).

Moreover, it is not very likely that there will be sufficient supply of LNG, even at increased prices. For example, in the US, which is the main ”hope” provider of LNG replacement for Russian gas, only one out of more than 20 liquefaction projects currently has full regulatory approval for imports to the EU. This project, Cheniere Energy’s Sabine Pass LNG terminal, is planned to start export operations no earlier than in the 4th quarter of 2015 with a capacity of just above 12bcma (World LNG Report, 2013). Of course, there are other US and Canada gas liquefaction projects currently undergoing regulatory approval process, but none of them is going to be exporting in the next year or two. Another potential complication is that two thirds of the world LNG trade is covered by long-term oil-linked contracts (World LNG Report, 2014), which significantly restricts the flexibility of short-term supply reaction, contributing to a price increase. All in all, LNG is unlikely to be a magical solution for Russian gas replacement.

All of the above discussion suggests that it may be prohibitively expensive for the EU to do completely without Russian gas. Maybe the adequate solution is partial? That is, shall the EU cut down on its imports of natural gas from Russia, by, say, a half, instead of completely eliminating it?

On one hand, this may indeed lower the costs outlined above, such as part of take-or-pay contract fines, or costs associated with an LNG price increase. On the other hand, cutting down on Russian gas imports may lead to an important additional problem, loss of buyer power by the EU.

Indeed, the dependence on the gas deal is currently mutual – as outlined above, not only Russian gas is important for the EU energy portfolio; the EU also represents the largest (external) consumer of Russian gas, with its 55% share of the total Russian gas exports. In other words, the EU as a whole possesses a substantial market power in gas trade between Russia and the EU, and this buyer power could be and should be exercised to achieve certain concessions, such as advantageous terms of trade from the seller etc.

However, the ability to have buyer power and to exercise it depends crucially on whether the EU acts as a whole to exercise a credible pressure on Russia. That is, the EU Member States may be much better off by coordinating their energy policies rather than diluting the EU buyer power by diversifying gas supply away from Russia. This coordination may be a challenge given the Member States’ different energy profiles and environmental concerns. Also, such coordination requires a stronger internal energy market that will allow for better flow of the gas between the Member States. While demanding any of these measures would be double beneficial: they will improve the internal gas market’s efficiency, and at the same time reinforce the EU’s buyer power vis-à-vis Russia.

To sum up, the EU completely banning Russian gas imports does not seem a feasible option in the short run. In turn, half-measures are not necessarily better due to the loss of the EU’s buyer power. Thereby, the best short-term reaction by the EU may be to put the effort into working up a strong unified energy policy, and to place “gas at the very back end of the sanctions list” for Russia as suggested by the EU energy chief Gunther Oettinger (quoted by Shiryaevskaya and Almeida, Bloomberg, 2014).

 

References

More Commitment is Needed to Improve Efficiency in EU Fiscal Spending

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The member states of the European Union coordinate on many policy areas. The joint implementation of public good type projects, however, has stalled. Centralized fiscal spending in the European Union remains small and there exists an overwhelming perception that the available funds are inefficiently allocated. Too little commitment, frequent rounds of renegotiation and unanimous decision rules can explain this pattern.

Currently, the EU allocates only about 0.4% of its aggregate GDP to centralized public goods spending (European Commission (2014)). This is surprising given the fiscal federalism literature’s classic predictions of efficiency gains from coordinated public goods provision (see for example Oates (1972) and the more recent contributions of Lockwood (2002) and Besley and Coate (2003) for a discussion). Yet, recent proposals to expand centralized fiscal spending in the EU have been met with skepticism if not outright rejection. The most frequently cited argument claims existing funds are already being allocated inefficiently and any expansion of centralized spending would turn the EU into a mere transfer union (Dellmuth and Stoffel (2012) provide a review).

Centralized fiscal spending in the EU is provided through the “Structural and Cohesion Funds”, which are part of the EU’s so called “Regional Policy” and were initially instituted in 1957 by the Treaty of Rome for the union to “develop and pursue its actions leading to the strengthening of its economic, social and territorial cohesion” (TFEU (1957), Article 174). At that point, the six founding members agreed it was important to “strengthen the unity of their economies and to ensure their harmonious development by reducing the difference existing between the various regions and the backwardness of the less favoured regions” (stated in the preamble of the same treaty). A reform in 1988 has further emphasized this goal by explicitly naming cohesion and convergence as the main objectives of regional policy in the EU.

Today, actual fiscal spending in the EU is far from achieving this goal. The initially agreed upon contribution schemes are often reduced by nation specific discounts and special provisions as the most recent budget negotiations for the 2014-2020 spending cycle showed yet again. Moreover, the perception is that available funds are being spent inefficiently (see for example Sala-i-Martin (1996) and Boldrin and Canova (2001)).

Figure 1. 2011 EU Structural and Cohesion Funds
Figure1

Figure 1 shows the national contributions to the structural funds as well as EU spending from that same budget in each member nation in per capita terms (data published by the European Commission). If fiscal spending was efficiently structured to achieve the above mentioned goal of convergence, one would observe a strong negative correlation between contributions and spending. The data shows, however, that while some redistribution is clearly implemented, rich nations still receive large amounts of the funds meant to alleviate inequality in the union (see Swidlicki et al. (2012) for a detailed analysis of this pattern for the contributions to and spending of structural funds in the UK).

What prevents a group of sovereign nations from effectively conducting the basic fiscal task of raising and allocating a budget to achieve an agreed upon common goal? In a recent paper, we theoretically examine the structure of the bargaining and allocation process employed by the EU (Simon and Valasek (2013)). Our analysis suggests that efficiency both in terms of raising contributions and allocating fiscal spending cannot be expected under the current institutional setting. While poorly performing local governments, low human capital in recipient regions, and corruption might all play a role in creating inefficiency (see for example Pisani-Ferry et al. (2011) for a discussion of the Greek case), improving upon those will only solve part of the problem.

We demonstrate that the inefficiency of EU spending in promoting the goal of convergence can be explained by the underlying institutional structure of the EU, where sovereign nations bargain over outcomes in the shadow of veto. Specifically, we model the outcome of the frequent negotiation rounds employed by the EU as the so-called Nash bargaining solution, explicitly taking into account the possibility for each member nation to veto and to withdraw its contribution (as the UK threatened in the most recent budget negotiations). It turns out that it is precisely the combination of voluntary participation, unanimity decision rule and the lack of a binding commitment to contribute to the joint budget that generally prevents efficient fiscal spending. In such a supranational setting, the distribution of relative bargaining power arises endogenously from countries’ contributions and their preferences over different joint projects. This creates a link between contributions to and allocation of the budget that is absent in federations, where contributions to the federal budget cannot simply be withdrawn and spending vetoed. Since the EU members lack such commitment, this link will necessarily lead to an inefficient outcome.

Why Does the EU Have These Institutions?

If the currently employed bargaining process cannot lead to an efficient outcome, why then did the EU member nations not institute a different allocation process right from the start? Of course, agreeing on a binding contract without the possibility for individual veto is politically difficult. More complicated bargaining processes may also be much more costly in terms of administration than is relying on informal negotiations and mutual agreement. Our analysis suggests another alternative: If the potential members of the union are homogeneous with respect to their income and the social usefulness (or spillovers) of the projects they propose to be implemented in the union, then Nash bargaining will actually lead to the budget being raised and allocated efficiently. The intuition behind this result is simple: If all countries have the same endowment, their opportunity costs of contributing to the joint budget are the same. Moreover, symmetric spillovers do not give one country a higher incentive to participate in the union than the other. Consequently, all countries have the exact same bargaining position. Thus, equilibrium in the bargaining game must produce equal surpluses for all nations. At the same time, with incomes and spillovers perfectly symmetric, the efficient allocation also produces the same surplus for each nation, so that it coincides with the Nash bargaining solution. It is important to notice, though, that symmetric income and spillovers do not imply homogeneous preferences: Each nation can still prefer its “own” project to the others. Instead, symmetry leads to a perfectly uniform distribution of bargaining power in equilibrium. Moreover, our analysis shows that efficiency is achieved if the union budget is small relative to domestic consumption and member countries have similar incomes.

This resonates well with the history of the European Union. In fact, the disparities between the founding members were not large, so that the current bargaining institutions could reasonably have been expected to yield efficiency. Only the inclusion of Greece, Ireland, Portugal and Spain created a more economically diverse community (European Movement (2010)). Our model shows that as the asymmetries between member countries or the importance of the union relative to domestic consumption grow, Nash bargaining leads to increasingly inefficient outcomes. Figure 2 shows this effect for a union of two nations. Keeping aggregate income constant and assuming symmetric spillovers between the two nations’ preferred projects, we vary asymmetry in their domestic incomes. The graphs show the Nash bargaining outcome (marked with superscript NB) compared to the generally efficient solution. As country A’s income increases, so does its outside option (i.e. all else equal, the higher the income, the less a country would lose if the joint projects were not implemented). Thus, country A’s bargaining position relative to country B increases in equilibrium, leading to an inefficient outcome. The allocation of funds to the union projects (upper right panel) depicts this channel very clearly: While the efficient allocation is independent from the distribution of national incomes, the Nash bargaining solution reflects the changing distribution of power. Nation A is able to tilt the allocation more toward its own preferred project the higher its income. Moreover, it is able to negotiate a “discount” for its contribution. While its contribution (labeled xa) does increase with its income (labeled ya), country A still pays less than would be budgetary efficient given its higher income (upper left panel). As a result of the inefficiencies introduced by the bargaining process, aggregate welfare in the union declines as asymmetry grows. Again, it is worth noting, that the loss in aggregate welfare is relatively small when asymmetry is small, but grows more than proportionally as the countries become more and more unequal (lower right panel).

Figure 2. The Effect of a Union of Two Countries

Figure2

This has troubling implications for the EU, as income asymmetry has increased with every subsequent round of expansion while the bargaining procedure for the fiscal funds has essentially stayed the same. It is not surprising then that a larger and more asymmetric EU has resulted in supranational spending that is increasingly inefficient.

The EU as a “Transfer Union”

We go on to show that the level of redistribution inherent in the Nash bargaining solution depends crucially on the overall size of the budget the union intends to raise. Increasing the EU’s budget for centralized fiscal spending would indeed lead to more “transfers” to low income members (in terms of net contributions), bringing the EU closer to the original goal of convergence. In fact, the EU could pick a budget such that inequality in terms of total welfare between member nations is completely alleviated. Such an outcome necessarily implies that the net gain from being part of the union for high-income nations is lower (albeit still positive) than for low-income members. However, this in turn has consequences for the endogenous distribution of bargaining power: Richer nations would be able to assert even more power and push even further for their own preferred projects, rendering the allocation of funds across projects less efficient. This trade-off between equality and efficiency implies that complete convergence is not necessarily socially desirable.

Arguably, this trade-off might be more important for a transition period than in the long run. If fiscal spending does not only lead to convergence in instantaneous welfare, but also has a positive effect on long-run performance and GDP growth, income asymmetries across countries will decrease even if the allocation of spending across projects is not entirely efficient. Less inequality in turn will lead to a more efficient allocation process in the future and endogenously reduce the level of necessary transfers. However, whether the growth effect of the EU’s structural funds is indeed positive remains a much-debated empirical question (see for example Becker et al. (2012)).

Institutions Fit for a Diverse Union

As the EU has expanded from the original six nations to the current 27, there has been a concurrent evolution of decision-making rules. A qualified majority rule is now used in many areas of competency. We show that the allocation of fiscal spending could also benefit from the implementation of a majority rule. Efficiency would be improved as long as the low-income member nations endogenously select into the majority coalition while their contributions to the budget remain relatively low. In connection to this, the EU might benefit from enforcing rules specifying contributions as a function of national income (such rules exist, but are easily and often circumvented), forcing wealthier member nations to pay more. An exogenous tax rule without the possibility to negotiate a discount, for example, may indeed improve overall efficiency.

It is important to note, however, that a unanimous approval of such a change is unlikely. The institutional mechanism of Nash bargaining is an “absorbing state” after the constitution stage, in the sense that not all member nations can be made better off by switching to an alternative institution. Therefore, the discussion of alternative institutions and decision making processes is particularly relevant when considering new mechanisms that increase fiscal spending at the union level, such as the proposed EU growth pact. If the same bargaining process remains to be employed even for new initiatives, even though a majority rule is preferable and implementable relative to the status quo, the opportunity for the EU to achieve efficiency in its fiscal spending is lost.

References

  • Becker, S. O., Egger, P and von Ehrlich, M (2012) “Too Much of a Good Thing? On the Growth Effects of the EU’s Regional Policy”, European Economic Review 56: 648 – 668
  • Besley, T. and Coate, S. (2003) “Centralized versus Decentralized Provision of Local Public Goods: A Political Economy Approach” Journal of Public Economics 87: 2611 – 2637
  • Boldrin, M and Canova, F (2001) ”Europé’s Regions – Income DIsparities and Regional Policies” Economic Policy 32: 207 – 253
  • Delmuth, L.M. and Stoffel, M.F. (2012) “Distributive Politics and Intergovernmental Transfers: The Local Allocation of European Structural Funds” European Union Politics 13: 413 – 433
  • European Commission (2014) Data available at http://ec.europa.eu/regional_policy/what/future/index_en.cfm
  • European Movement (2010) “The EU’s Structural and Cohesion Funds” Expert Briefing, available at http://www.euromove.org.uk/index.php?id=13933
  • Lockwood, B. (2002) “Distributive Politics and the Cost of Centralization” The Review of Economic Studies 69: 313 – 337
  • Oates, W.E. (1972) “Fiscal Federalism” Harcourt-Brace, New York
  • Pisani-Ferry, J., Marzinotto, B. and Wolff, G. B. (2011) “How European Funds can Help Greece Grow” Financial Times, 28 July 2011.
  • Sala-i-Martin, X (1996) ”Regional Cohesion: Evidence and Theories of Regional Growth and Convergence”, European Economic Review 40: 1325 – 1352
  • Simon, J. and Valasek, J.M. (2013) “Centralized Fiscal Spending by Supranational Unions” CESifo Working Paper No. 4321.
  • Swidlicki, P., Ruparel, R., Persson, M. and Howarth, C. (2012) “Off Target: The Case for Bringing Regional Policy Back Home” Open Europe, London.
  • TFEU (1957) “Treaty Establishing the European Community (Consolidated Version)”, Rome Treaty, 25 March 1957, available at: http://www.refworld.org/docid/3ae6b39c0.html

Reputation for Quality and Entry in Procurement: Is there a Trade-Off?

20140224 Reputation for Quality and Entry Image 01

How much weight should be given to past performance indicators when selecting contractors? Does a large weight assigned to suppliers’ previous performance deter entry by new, innovative suppliers that have no track records for the very reason that they are new? If yes, how should we take this into account when designing procurements for firms or governments? This note describes recent research that sheds light on these questions crucial for every government and organization.

Introduction

How should past performance be accounted for when selecting (public or private) contractors? On one hand, giving large weight to suppliers’ previous performance in assigning contracts may improve incentives in procurement; on the other hand, it may deter entry by new, innovative suppliers for the very reason that they are new. Are there ways to structure procurement rules and procedures to minimize or eliminate these costs? How can well performing suppliers be rewarded, but not at the expense of losing the most innovative start-ups, that could pose important positive externalities on the buyer and on society overall? These questions are important ones and every procurement manager, in the private and public sector, should know how to answer, or at least how to think about, them. Unfortunately, if one looks at the leading management and operations textbooks, or at public procurement textbooks, it is hard to find a line that could help in making these crucial decisions. The only procurement book that at least mentions these crucial questions, to our knowledge, is the Handbook of Procurement (2006; see Ch. 18, by Dellarocas et al.). However, even that handbook falls short in providing evidence-based or – more generally – research-based guidance for these questions. This is the case because there is practically no research dealing with these everyday problems. One recent exception is an experimental study recently undertaken by Butler, Carbone, Conzo and Spagnolo (2013) that will be discussed in depth in the reminder of this brief.

Public Policy Relevance  

Before getting into the results of this recent study, let me provide some background information that will give an idea of the relevance of these questions for public policy.

Public procurement currently accounts for between 15% and 20% of the GDP in developed countries (see http://cordis.europa.eu/fp7/ict/pcp/key_en.html).  In 2011, the total public procurement market in the EU – i.e. the purchases of goods, services and public works by governments and public utilities – reached a size of approximately €2,500 billion, corresponding to 19 percent of GDP (see e.g. http://ec.europa.eu/internal_market/publicprocurement/docs/modernising_rules/public-procurement-indicators-2011_en.pdf). As Table 1 below shows, despite year-to-year fluctuations, there has been an overall increase in procurement expenditures relative to 2007 levels, both absolutely and proportionately. The increasing shift in focus in EU innovation policies, from “push-based” mechanisms like R&D subsidies/tax breaks towards demand-led “pull” mechanisms, like Pre-Commercial Procurement, is likely to further increase the volume of this market.

Table 1: Total EU procurement expenditure on works, goods and services
 
In EUR billion

2007

2008

2009

2010

2011

2,178.55

2,263.62

2,346.00

2,416.52

2,405.89

 
As a % of GDP

2007

2008

2009

2010

2011

17.6

18.1

20.0

19.7

19.0

Source: DG MARKT. 2011. Public Procurement Indicators.

The enormous size of this market notwithstanding, we know relatively little about whether, when, and how buyers should use reputational indicators based on past performance in selecting among sellers, and whether the use of such indicators necessarily reduces the ability of new sellers—i.e., sellers with no history of past performance—to enter the market.

It is well known that reputational mechanisms that reward past performance are important governance tools that complement (and sometimes substitute for) contracts in private transactions (Calzolari and Spagnolo 2009). Private buyers, however, are typically only concerned about the price and quality of the good they buy. Regulators in charge of public procurement, instead, are usually also concerned that the public procurement process is transparent and open for obvious accountability reasons. The need to prevent favoritism and corruption has led lawmakers around the world to ensure that open and transparent auctions where bidders are treated equally—even when in some crucial dimensions they have very different track records—are used whenever possible.

The trend in the US

The costs of limiting discretion to ensure public buyers’ accountability – such as the possibly large cost of not allowing reputational forces to complement incomplete procurement contracts – were stressed by Kelman (1990), who pushed for a deep reform of the US procurement system when he was the head of public procurement during the Clinton administration. The reform was targeted at reducing the rigidity of procurement rules in the Federal Acquisition Regulations and allowing public buyers to adopt more flexible purchasing practices common in the private sector, including giving more weight to suppliers’ past performance. Since the Federal Acquisitions Streamlining Act of 1994, US federal departments and agencies are expected to record past contractors’ performance evaluations and share them through common platforms for use in future contractor selection.

However, the US Senate recently expressed the apparently widespread concern that past performance-based selection criteria could hinder new and small businesses’ ability to enter and compete effectively, leading to an intriguing, but inconclusive report by the General Accountability Office.

This is not to say that US regulators were not concerned with the ability of small and medium enterprises (SME) – sometimes the most innovative part of the economy – to enter public procurement markets. In the US, this long-held concern led to large programs like the Small Business Act, with its rules limiting the bundling of public demand in very large procurements and establishing the Small Business Agency, and the ‘set aside’ (procurement only open to SMEs) common in many types of procurement auctions. However, the worry that past-performance based selection may contribute to the exclusion of novel and smaller firms only arose in the last couple of years.

The (opposite) trend in the EU

The European Union has instead been moving precisely in the opposite direction. An important concern driving procurement regulation in Europe since the Treaty of Rome has been helping the process of common market integration by increasing cross-border procurement, i.e., the amount of goods and services each EU Member State buys from contractors based in other states. The EU Procurement Directives that coordinate public procurement regulation in the various European states have been limiting the use of past-performance information in the process of selecting among offers—a feature that came under broad attack during the 2011 consultation for the revision of the EU Directives (see Replies to the Consultation on the 2011 EU Green Book on Public Procurement regulation). The EU regulators appear to have been always convinced that using reputational indicators as a criteria for selecting contractors leads to manipulations in favour of local incumbents, at the expense of cross-border procurement and market integration.  (see e.g., http://ec.europa.eu/internal_market/publicprocurement/modernising_rules/consultations/index_en.htm).

Only very recently – now that the US is moving towards reconsidering the effects, and possibly limiting the use of past-performance indicators – has the EU started to move (again in the opposite direction to the US) towards leaving more space to these indicators, perhaps as a reaction to the comments they received in recent consultations.

Finally, to have an idea of the lack of research-based knowledge guiding policy in this field, note that in some cases EU regulation already acknowledges the crucial importance of past-performance based reputation for some types of procurement. For example, the European Research Council (ERC) provides funding to top researchers in Europe, who are selected through peer review, and the track record of the researchers is usually the main awarding criterion. ERC funding is distributed almost exclusively based on reputation criteria in order to support the best and the brightest. Other European instruments for the procurement of research, such as the FET-OPEN program, are based on a strictly enforced, completely anonymous evaluation instead, without obvious reasons justifying this opposite approach. On the dedicated homepage of these programs it states: “The anonymity policy applied to short proposals has changed and is strictly applied. The part B of a short STREP proposal may not include the name of any organization involved in the consortium nor any other information that could identify an applicant. Furthermore, strictly no bibliographic references are permitted.”

Reputation and Entry in Procurement

In a recent research paper (Butler, Carbone, Conzo and Spagnolo, 2013) we have been trying to fill at least part of this knowledge gap and offer some initial evidence-based guidelines for future policy.

The study

We build a simple model of repeated procurement with limited enforcement and potential entry and implement it in the laboratory. We focus on reputation as an incentive system to limit moral hazard in the quality dimension as well as on the effect of reputation on selection through entry. We assume that some costly-to-produce quality dimension of supply, although observable to the parties, is too costly to verify for a court to be governed through explicit contracting and is therefore left to reputational governance. We make the additional assumption that there is a potential entrant firm that is more efficient than all incumbent firms. In this context, we study how quality, price, entry and welfare change with the introduction of a simple and transparent reputational mechanism. This mechanism rewards an incumbent firm that chooses to provide (costly) high-quality production with a bid subsidy in the subsequent procurement auction, and may also award a bid subsidy (of varying size) to an entrant with no history of production.

Note that in the case of public procurement and of firms’ vendor rating systems, we are talking about reputational mechanisms based on public rules, known and accepted by suppliers. Formal mechanisms and rules give commitment power to the buyer and can be designed in many different ways. A common mistake is to assume that reputational mechanisms must be designed along the line of the eBay feedback system, in which new sellers start with “zero reputation”. However, a buyer with some commitment power concerning the rules for information aggregation and diffusion and for selecting suppliers may well award a positive rating to new entrants—e.g. the maximum possible rating, or the average rating in the market, putting entrants at less of a disadvantage—and ensure that this is taken into account by the scoring rule that selects the contractor, even if the contractor has never before interacted with the buyer. Indeed, private corporations often have vendor rating systems in which all suppliers start off with the same maximal reputational capital—a given number of points—and then lose points when performing poorly and are suspended for some time if their reputational capital falls below a certain low threshold. This type of vendor rating system creates an advantage for new suppliers, most likely stimulating rather than hindering entry, suggesting that it is possible to design a reputational mechanism in public procurement that simultaneously sustains quality and entry.

The results

First of all, the study shows that concerns about reputation-based selection hindering entry are justified: naively introducing a “standard” reputational mechanism in which only good past performance is rewarded with a bid subsidy in the following procurement auction increases quality provision, but it also significantly reduces entry.

In contrast to this first result, the study goes on to show that properly designed reputational mechanisms in which new entrants, with no history of past performance, are awarded a moderate or high reputation score—as is often done in the private sector—actually foster rather than hinder entry while, at the same time, delivering a substantial increase in high quality goods provision.

The third important result of this study is that the total cost to buyers (buyer’s transfer) does not increase when a reputational mechanism is introduced, even though (costly) quality provision increases. The introduction of bid subsidies for good past performance appears to benefit the buyer/taxpayer by increasing competition for incumbency, driving winning bids down sufficiently to offset the potential increase in procurement costs due to bid subsidies.

Conclusions

Considered together, the findings in Butler et al. (2013) suggest that there need not be a trade-off between reputation and entry in procurement, and that the debates both in the EU and the US are rather misplaced. The results suggest that the dual goals of providing incentives for quality provision and increasing entry and cross-border procurement – in the EU or elsewhere – are achievable through an appropriately designed reputational mechanism. Policy makers should therefore probably stop quarrelling about whether a generic past-performance based reputational mechanism should be introduced, and instead focus on how such a mechanism should be designed.

References

  • Butler Jeff, Carbone Enrica, Conzo Pierluigi and Giancarlo Spagnolo. 2013. “Reputation and Enty in Procurement.” CEPR Discussion Paper No. 9651.
  • Calzolari, Giacomo and Giancarlo Spagnolo. 2009. “Relational Contracts and Competitive Screening.”  CEPR Discussion paper No. 7434.
  • European Commission. 2011. Green Paper on the modernisation of EU public procurement policy Towards a more efficient European Procurement Market. Available at http://ec.europa.eu/internal_market/consultations/index_en.htm
  • European Commission. 2011. Green Paper on the modernisation of EU public procurement policy Towards a more efficient European Procurement Market. Synthesis of Replies.  Available at http://ec.europa.eu/internal_market/consultations/docs/2011/public_procurement/synthesis_document_en.pdf
  • Government Accountability Office. 2011. (GAO-12-102R, Oct. 18, 2011). Prior Experience and Past Performance as Evaluation Criteria in the Award of Federal Construction Contracts. Available at  http://www.gao.gov/products/GAO-12-102R
  • Kelman, Steven. 1990.  Procurement and Public Management: The Fear of Discretion and the Quality of Government Performance: American Enterprise Institute Press.
  • Yukins, Christoher. 2008. “Are IDIQS Inefficient? Sharing Lessons with European Framework Contracting.” Public Contract Law Journal,  37(3): 545-568.