Which Access to Which Assets for an Effective Liberalization of the Railway Sector?

Patrice Bougette, Axel Gautier () and Frédéric Marty

No 2019-38, GREDEG Working Papers from Groupe de REcherche en Droit, Economie, Gestion (GREDEG CNRS), Université Côte d'Azur, France

Abstract: In the European rail industry, to enable competition in the market, entrants should be granted access to a large set of complementary services, beyond access to the tracks. For an efficient and effective entry, temporary access to quasi-essential complementary assets like rolling stock, mechanical maintenance workshops, data, schedules, etc. is required. In the liberalized rail sector, several observed anticompetitive practices involve distorted access to these quasi-essential facilities. Therefore, competition agencies must deal with litigation between the incumbent and new entrants. Most cases have been settled, resulting in commitments from the incumbent. We argue that such transitory and case-by-case remedies fail to produce favorable conditions for a secure and efficient entry. Thus, we propose to systematize such remedies through asymmetric and enduring ex-ante regulation.

Keywords: rail; liberalization; essential facility; anticompetitive practices; asymmetric regulation (search for similar items in EconPapers)
JEL-codes: K21 L51 L92 L98 (search for similar items in EconPapers)
Pages: 37 pages
Date: 2019-11, Revised 2021-04
New Economics Papers: this item is included in nep-com, nep-law, nep-reg and nep-tre
References: View references in EconPapers View complete reference list from CitEc
Citations: View citations in EconPapers (5)

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http://195.220.190.85/GREDEG-WP-2019-38.pdf Revised version, 2021-02 (application/pdf)

Related works:
Journal Article: Which access to which assets for an effective liberalization of the railway sector? (2021)
Working Paper: Which Access to Which Assets for an Effective Liberalization of the Railway Sector? (2021)
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