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    Journal of Transport Economics and Policy

    This article is the final accepted version to be published in a

    forthcoming issue volume to be determined later.

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    EVALUATING ALTERNATIVE POLICY RESPONSESTO FRANCHISE FAILURE: EVIDENCE FROM THE

    PASSENGER RAI L SECTOR IN BRITAIN

    Dr Andrew, S.J. Smitha

    and Phill Wheatb

    a Address for correspondence: Institute for Transport Studies, Room 213, University

    of Leeds, Leeds, LS2 9JT, UK.

    bInstitute for Transport Studies, University of Leeds.

    Acknowledgements

    The authors are grateful to the UK Engineering and Physical Sciences Research

    Council (EPSRC) for funding this research, via Rail Research UK (RRUK), the

    universities centre for railway systems research. We would also like to acknowledgethe support and advice offered by Professor Chris Nash, as well as the helpful

    suggestions and data provided by many people within the rail industry. Finally, we

    would like to thank the reviewers for their helpful comments. All remaining errors are

    the responsibility of the authors.

    Abstract

    One potential problem with franchising (competitive tendering) is how to deal with

    situations where the franchisee is unwilling to continue operating the franchise within

    the contract period. This paper studies the effects of the franchising authoritys

    response to franchise failure in passenger rail in Britain, which saw the affected

    operators placed onto management or short-term re-negotiated contracts for an

    extended period. We find that operators on management contracts saw a sharp

    deterioration in efficiency. Further, the contract inefficiency persisted, though was

    eliminated by competitive re-franchising. In contrast, costs for re-negotiated

    franchises were no higher (statistically) than industry best practice.

    Date of receipt of final manuscript: February 2011

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    1.0 Introduction

    Franchising (or competitive tendering) has become an important method for

    introducing competition for the market where competition in the market may be

    undesirable. Economic theory predicts that franchising should result in the tender

    being awarded to the most efficient operator. When introduced to a service previously

    operated by a state-owned monopoly, substantial cost reductions are therefore

    expected, driven by the fixed nature of the contract over a given period, and the profit

    maximising objective of the privatised firm. Of course, there are many problems in

    practice, most notably that the tender process may result in overly-optimistic bids,

    either due to winners curse or strategic bidding, meaning that the most efficient

    operator may not be selected, and the expected cost reductions may not be achieved

    (Vickers and Yarrow, 1988 and Viscusi et. al., 2005). Ultimately, franchise failure

    may result, requiring a policy response from the franchising authority.

    In railways, starting with the 1991 European Commission Directive 91/440,

    Europe has embarked on a process of regulatory reform, progressively opening up rail

    markets to competition (both in and for the market). Via successive legislation,

    Europes rail systems have been required to separate train operations and

    infrastructure (at least into separate divisions with their own accounts), which has

    been achieved via full institutional separation, organisation into separate subsidiaries

    within a holding company structure, or the separation of the key functions of train slot

    allocation and infrastructure charging into a separate body. Based on this separated

    model, competition in the market has been allowed to develop via third-party open-

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    access to the infrastructure (mainly for freight traffic), whilst competitive tendering,

    though not yet formally required by EU regulation, has been the chosen means of

    introducing competition to passenger services. Competitive tendering in rail has also

    been used outside Europe, for example in Melbourne, Latin America and for some

    North American commuter services.

    However, the expected productivity gains have not materialised in the British

    case. Despite some reported train operating company (TOC) cost savings during the

    early years after the completion of franchising in 1997, (see Affuso et. al., 2002;

    2003), Smith et. al. (2009) find that TOC costs increased by around 45 per cent

    between 2000 and 2006 (or 35 per cent on a cost per train km basis; Figure 1). This

    cost rise is equivalent to around 1.5bn per year and, as a result, state subsidies to

    passenger train operators increased substantially over this period (see Smith et. al.,

    2009, Tables 2 and 7).

    [Figure 1 here]

    Importantly, during the period of our sample the franchising authority

    performed mid-term re-negotiations with a number of operators, resulting in half of

    the sector being placed on management or short-term re-negotiated contracts during

    the second half of our sample (see Smith et. al., 2009). The purpose of the paper is to

    test the impact of the British franchising authoritys approach to dealing with failing

    franchises and the effects of the temporary contractual arrangements that were put in

    place. Of course, the franchising authoritys response may have wider impacts on the

    bidding process through the signal that it gives regarding the likelihood that contracts

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    will be re-negotiated in future. Here we focus solely on the efficiency impact of the

    arrangements as they affected costs for the period of their duration and directly

    afterwards.

    There is an extensive literature analysing the efficiency and productivity

    performance of vertically integrated railways around the world (Oum et. al. , 1999;

    Smith, 2006). More recently there has also been an interest in understanding the

    impact of vertical separation on total industry costs, mainly focussed on European

    evidence (Friebel, et. al., 2008; Asmild et. al., 2009; Growitsch and Wetzel, 2009;

    Cantos et. al., 2010); although one study considered evidence from North America

    (Bitzan, 2003). Overall, the results seem inconclusive, suggesting that much depends

    on the circumstances of the country concerned and the way in which the system is

    managed.

    There have also been a small number of studies focusing on the impact of

    competitive tendering on one part of the rail industry, namely passenger train

    operations. In Germany and Sweden the experience of competitive tendering has

    generally been positive, with the evidence suggesting that savings in the region of 20-

    30 per cent can be achieved, alongside increased patronage (see Brenck and Peter,

    2007; Lalive and Schmutzler, 2008; Alexandersson and Hulten, 2007; and Nash and

    Nilsson, 2009). Even here though, some franchises have failed, so our work is

    relevant for those countries. Kain (2009) describes the major problems that emerged

    in Melbourne, though the impact of the policy response is not described in any detail.

    Long-term passenger rail franchises have also been signed in Latin America,

    generally leading to radically improved performance, although in most cases re-

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    negotiation has been required due to changed economic circumstances (in particular

    the severe economic recession in the late 1990s; see Kogan, 2006).

    Turning to studies of British TOCs, Affuso et. al. (2002; 2003) and (Cowie,

    2002a, 2002b, 2005) study the early years after privatisation (prior to the major cost

    rises) and all find improving productivity during this period. Only two studies cover

    the post-2000 period, after which costs started to rise. Cowie (2009) finds declining

    productivity growth after 2000, with the absolute productivity level falling post-2002.

    In a paper presented at the Thredbo 11 conference, Smith and Wheat (2009) report

    productivity levels falling as early as 2000 and not recovering over the remainder of

    the sample (to 2006). Smith et. al. (2010) reviews this literature.

    The latter paper focused on the impact of franchising on total factor

    productivity (TFP) and efficiency since privatisation. It included a simplified

    treatment of management and re-negotiated contract effects, but importantly did not

    adequately address the inherent problem of endogeneity bias when testing the impact

    of contractual or institutional arrangements on productivity (the TOCs that ran into

    trouble may always have had characteristics which made them likely to end up as

    distressed franchises; see section 2). In the present paper we guard against the

    endogeneity problem, and thus present a robust and comprehensive treatment of the

    temporary contract arrangements put in place by the franchising authority following

    franchise failure. The findings, as compared to the earlier simplified treatment, are

    different as a result.

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    This paper is therefore positioned within a broader literature on rail efficiency,

    and a relatively small number of studies on the efficiency of passenger train

    operations. Specifically, we focus on the franchising authoritys response to failing

    franchises on costs and efficiency, rather than the broader picture of sector

    productivity performance which has been covered by the aforementioned studies. We

    also use a new dataset which is more robust than that used in earlier work, having

    been derived from industry sources. Importantly, our data allows us to separately

    identify TOC costs from track access charges paid to the infrastructure manager, and

    thus focus attention closely on the costs under the direct control of TOCs. It also

    contains new data on important cost drivers, most notably vehicle-km1 (we are not

    aware of any previous studies of rail costs that has utilised vehicle-km data).

    The analysis contained in this paper is important from a policy perspective

    both in the UK, but also more widely internationally, where franchising or

    competitive tendering arrangements have been put in place or are being considered.

    Given the importance of franchising (competitive tendering) as a policy device in rail

    and other sectors, it is important to understand the efficiency impact of alternative

    policy responses to franchise failure.

    The remainder of the paper is structured as follows. Section 2 formalises our

    research questions regarding the impact of management contracts. Sections 3 and 4

    detail the methodology and the data used for the study. The results are shown and

    discussed in section 5. Section 6 offers some conclusions.

    1Total vehicle-kms is defined as the distance travelled by all of the vehicles operated by a TOC (where

    a vehicle is a sub-set of a train). For example, a 3 car diesel multiple unit, travelling one km, would be

    counted as 3 vehicle-km.

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    2.0 Research Questions

    Passenger rail franchises in Britain were generally awarded on the basis of

    minimum subsidy (or exceptionally highest premium for profitable franchises) and the

    winning subsidy profiles generally declined sharply over the course of the franchise as

    a result of assumed cost savings and/or revenue growth. However, despite strong

    revenue growth, and some cost reductions, those operators where farebox revenue

    was small relative to costs, and where therefore cost reduction was the key to success,

    ran into difficulties within a few years of the franchises being let. The evidence

    suggests that the problems were more to do with unrealistic assumptions, particularly

    on the cost side (winners curse), rather than being a deliberate strategy of low-balling

    with a view to subsequent re-negotiation (see Smith et. al., 2009).

    In response, the then franchising authority (SRA) had to perform mid-term re-

    negotiations with the affected operators, which made up around half of the 25

    franchises let (Table 1). These franchises were mainly placed onto cost-plus type

    management contracts with higher subsidy (the level of subsidy payment was

    negotiated annually on the basis of projected costs, so the affected TOCs therefore

    retained some cost risks during the year). For a smaller number of operators the

    original franchise agreements were simply re-negotiated for a short period (typically

    2-3 years), again with higher subsidy (see Smith et. al., 2009). Post re-negotiation,

    these franchises therefore faced the same incentives as other operators continuing on

    their original franchise agreements.

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    It should be noted of course that in the event of franchise failure, the

    franchising authority faces a number of alternatives. An operator of last resort could

    be set up to step-in when a franchise fails2. Some use of a short-term management

    contract with the incumbent is an alternative while a new franchise competition is

    organised. However, the distinguishing feature of the British case is that TOCs were

    put onto management contracts for an extended period (several years); although it

    should be noted that this situation came about during a period of considerable

    uncertainty, where refranchising had been temporarily halted because of lack of

    funding resulting from cost increases on the infrastructure side, and due to a desire to

    redraw the franchise map (see Smith et. al., 2009).

    [Table 1 here]

    Whilst there may have been good reasons for the franchising authoritys

    response to franchise failure, given the circumstances, our aim is to determine

    whether the chosen policy response weakened cost minimising incentives such that

    costs under the temporary contract arrangements increased over and above the

    changes in costs for unaffected TOCs, and whether costs of these operators was then

    higher than best industry practice for the duration of the contracts (as well as after

    competitive re-franchising of the affected franchises).

    2During the sample period covered by this paper, one TOC, South Eastern, was moved onto such an

    arrangement after a period on a re-negotiated contract.

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    We break this objective down into a number of specific research questions:

    IA Did the costs of TOCs on temporary contract arrangements increase in the first

    year of those arrangements over and above the change in costs for other operators

    over that period?

    IB Were costs for the affected operators higher than industry best practice during the

    first year of the temporary contract arrangements?

    IIA Did costs fall back to the best practice level over the duration of the temporary

    contract arrangements?

    IIB Did costs fall back to the best practice level once the franchise had undergone

    competitive re-franchising?

    Research questions IIA and IIB are important given that some TOCs spent

    four or five years on management contracts and so persistency of any contract effect

    is very important from a policy perspective.

    Finally, we specify two further research questions concerning the period prior

    to franchise failure.

    IIIA Were the costs of TOCs that subsequently failed higher, other things equal, to

    industry best practice at privatisation (the start of our sample)?

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    IIIB Did the TOCs that subsequently failed cut costs prior to franchise failure such

    that their costs were lower than the other TOCs?

    Research questions IIIA and IIIB are important since failure to explicitly

    account for any prior systematic cost differences between the problem TOCs and

    other TOCs could introduce endogeneity bias into our estimated parameters because

    the problem TOCs may always have had characteristics which made them likely to

    become a problem TOC. We guard against this bias by including a problem TOC

    specific dummy variable and problem TOC time trend for the period proceeding

    movement to a problem contract. Our approach is analogous to that adopted by

    Domberger et al (1987) whom studied the efficiency performance of hospital ancillary

    services. As noted earlier, Smith and Wheat (2009) contained a simplified treatment

    of the contract effects, and did not adequately address the endogeneity problem.

    Ultimately, our approach enables us to estimate and plot the time profile of costs of

    TOCs which spent some time on management or re-negotiated contracts, relative to

    other TOCs, over the whole period of our analysis. Thus we are able to highlight the

    specific impact of the franchise authoritys response to franchise failure, and how that

    impact changed over the duration of the temporary contract arrangements, as well as

    after competitive re-franchising.

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    3.0 Methodology

    3.1General model

    We investigate our research questions through estimation of a cost frontier.

    Our model can be represented as:

    itittititititit uv);,Z,Q,P,Y(fC (1)

    where the first term ( );,Z,Q,P,Y(f titititit ) is the deterministic component,

    and itY is a vector of output measures, itP is a vector of prices of the variable inputs,

    itQ is a vector of output characteristic variables (for example, dummy variables

    denoting commuter versus intercity services), itZ is a vector of exogenous policy

    related influences on firms costs and contain the modelling of contract effects (see

    section 3.2), t is a vector of time variables which represent technical change and

    is a vector of parameters to be estimated. A translog functional form is used (see

    section 5).

    itC represents total controllable TOC costs, and so excludes track access

    charges, which are outside the control of the operators. We are therefore estimating a

    total cost function in the sense that TOCs are assumed to minimise all costs under

    their control (see section 4). However, in the context of the wider literature on rail

    cost function estimation, our cost function could be thought of as a variable cost

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    function, in the sense that the size and associated costs of the rail infrastructure are

    assumed fixed in our analysis.

    The itv term is a random component representing unobservable factors that

    affect the firms operating environment. This term is distributed symmetrically around

    zero (more specifically assumed to be normally distributed with zero mean and

    constant variance). A further one sided random component is then added to capture

    inefficiency ( itu ). The specification of the inefficiency term is discussed in section 3.3

    below.

    Technical change over time (frontier shift) is modelled as 2t tt ,

    where t is a time index and is a dummy variable which takes the value unity for

    years after 2000. The motivation for the dummy variable comes from the analysis of

    the raw data (Figure 1; see section 1) which indicates a cost shock after 2000. The rail

    industry in Britain has seen a sharp rise in costs since 2000. Whilst the infrastructure

    cost rises resulted from a re-appraisal of maintenance and renewal activities after the

    Hatfield accident3

    in October 2000, the reasons for the cost rises in passenger train

    operations are less well understood. This paper considers one reason for the increase

    in train operating costs, namely the impact of the franchising authoritys response to

    franchise failure (see also Smith et. al., 2009).

    3A train de-railment at a town called Hatfield, just north of London, caused by defective track, which

    led to the death of four people.

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    In respect of input prices we include a labour price, together with variables

    that capture the characteristics of the rolling stock (rolling stock age and rolling stock

    type). Obtaining input prices for rolling stock and other costs proved problematic for

    two reasons. First, there are some classification issues between rolling stock and other

    costs which mean that our rolling stock price variable reported rolling stock lease

    costs divided by number of rolling stocks - is imperfectly measured. Second, it is

    problematic to select an appropriate denominator for other costs, since there is no

    associated physical input. Some previous studies have used train-km as the

    denominator (for example Sanchez and Villarroya, 2000), which is an output, not an

    input, and therefore runs the risk of capturing deterioration in efficiency as a rise in

    input prices.

    We therefore estimate a model that includes a labour price variable combined

    with a set of rolling stock price hedonic4

    variables, rolling stock age and rolling stock

    type variables as noted5. In the final, preferred model, only the rolling stock variable

    was statistically significant, with the other variables being dropped (though the results

    of this paper are not sensitive to the decision to drop these variables).Further, we

    include TOC sector dummy variables that should capture systematic differences in

    rolling stock prices (and for that matter other costs) between the three TOC sectors. In

    this respect, the time invariant nature of rolling stock prices (fixed for the duration of

    franchises) matches with the time invariant nature of the sector dummies. As a final

    cross-check we note that a model comprising a labour price and our rolling stock

    input price variable gives almost identical results to those of the preferred model.

    4These variables play a similar role to rolling stock input prices, since the characteristic variables

    recognise that different types of rolling stock have different costs.5

    We also experimented with economy wide fuel price indices but these performed badly, mainly due to

    their invariance across TOCs.

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    3.2 Contract variable specification

    In order to capture the effects subsumed within the three research questions

    outlined in section 2, we model the contract effects as follows:

    jAjjOjjOjjBjjBjjit D*TDDTDDZ 54321 (2)

    where jiD are dummy variables corresponding to whether the TOC was

    eventually subject to a management contract (j=M) or re-negotiated contract (j=R).

    The i subscript denotes whether the time period is before or after the shift to the

    temporary contract arrangements (i=B refers to the time period prior to the temporary

    contract arrangements; i=O denotes the time onwards from the contract, extending

    also to the period after contract was terminated following competitive re-franchising;

    and i=A denotes the period after the contract was terminated). T is a time trend, whilst

    T* is a time trend starting at unity for the year that the TOC was placed onto the

    management or re-negotiated contract. These time trends are interacted with the

    relevant contract dummies to chart the progress of costs over time, both before, during

    and after the contract arrangements. jk are a set of parameters to be estimated

    (k=1,,5).

    As discussed above, this specification is adopted in order to avoid endogeneity

    bias, which means that we need to look at the cost characteristics of the problem

    TOCs both before and after the contract arrangements; and we also want to look at the

    path of costs whilst on the contract, and post re-franchising.

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    Using (2) we can test the following hypotheses which address research

    questions I to III6.

    IA) If 02143 T*T. jjjj , for T*=1 (first year of the temporary

    contract) and for T in the last year prior to the commencement of the

    temporary contract), then we can conclude that the problem TOCs costs rose

    as a result of the introduction of the temporary contracts relative to other

    operators.

    IB) If 043 *T.jj , for T*=1 (first year of the temporary contract) costs

    are found to be higher for the problem TOCs following them being placed on

    to the temporary contract relative to the cost for the other TOCs.

    IIA) If 043 *Tjj for T*=1 to 5 (corresponding to the duration of the

    contract arrangements), we can conclude that costs were still higher for the

    affected TOCs than best practice. This finding would suggest that some part of

    the contract effect is persistent.

    IIB) If 0543 jjj *T for T* after the completion of competitive re-

    franchising, then we can conclude that costs did not fall back to the best

    practice level once the franchise had undergone competitive re-franchising.

    Note that there was insufficient data to include the 5R dummy and thus

    6Note j=M,R, that is there are two hypothesis; one for each group of problem TOCs (management

    contracts and re-negotiated contracts).

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    conduct this hypothesis for the re-negotiated TOCs (there are only four such

    operators, and only one saw re-franchising over the period of our analysis).

    IIIA) If 021 T.jj for T=1 (first year of the sample) costs are found to

    be higher for the problem TOCs at the start of the sample relative to the other

    TOCs.

    IIIB) If 021 Tjj for T in the year directly preceding the move to the

    temporary contract, then we can conclude that problem TOCs costs were still

    above other TOCs costs prior to the introduction of problem contracts. If

    021 Tjj then we can conclude that problem TOC costs were below

    those of other TOCs costs and so this is evidence that the problem TOCs cut

    costs to an unsustainable level and (at least part of) the cost increase following

    introduction of problem contracts was simply a reversion to a sustainable cost

    level.

    In all of the above cases we use t tests based on linear combinations of the

    relevant coefficients.

    To complete this section we note that the complete vector itZ comprises

    *ZZZZ itRitMitit (3)

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    where MitZ , RitZ are as described in (2), and *Zit comprises other policy

    variables that apply to all TOCs and not just the problem TOCs. We tested the

    inclusion of planned franchise length, and a dummy variable denoting the last year of

    a franchise contract; however only the last year of franchise dummy variable was

    found to be remotely statistically significant and so only this variable is retained in

    this vector. Given that the focus is on contract effects for this paper we do not

    consider these other policy variables further in the discussion.

    3.3 Model Estimation

    We estimate the model as a stochastic frontier. This approach was first

    proposed independently by Aigner et. al. (1977) and Meeusen and van den Broeck

    (1977) for the cross sectional case. The advantage of the approach over conventional

    average response cost function techniques is that it permits the possibility that some

    firms may be inefficient.

    Since we have panel data there are a range of possible assumptions concerning

    the path of the inefficiency ( itu ) over time available from the literature. In this paper

    we adopt a model from a more general and flexible class of time varying efficiency

    models that allow for firm-specific time paths for inefficiency. These models

    therefore allow for the possibility that some firms may be getting more efficient,

    whilst others may be falling further behind. The general model can be written as:

    )t(uu iiit

    20 ui ,N~u (4)

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    where )t(i is some function describing the variation in inefficiency over

    time, and iu is a non-negative random variable. The model estimated in this paper is a

    special case of equation (4), and takes the following form (see Cuesta, 2000 and

    Alvarez et. al., 2006):

    )texp()t( ii T,,1t (5)

    where the i are a set of firm specific parameters to be estimated. If i is

    positive for an individual firm, this indicates that efficiency is improving for that firm

    over time, and vice versa for a negative i .

    We do recognise however, that while this model is quite general, other non-

    nested specifications of inefficiency are possible. Particular mention should go to the

    class of models where inefficiency observations are assumed iid (independently and

    identically distributed) over time even though time or policy variables influence the

    mean and variances of the inefficiency distribution (models of this class include those

    proposed by Battese and Coelli (1995) and Alvarez et al (2006)). We have examined

    some variants of these classes of models and found the story regarding the impact of

    contracts to be similar to our preferred specification.

    As described in Section 3, a central aim of the paper is to understand the

    impact of franchise contract changes and Section 4.2 details how our formulation

    allows us to test a series of hypotheses about the effect of different contracts. We

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    include these terms in the itZ vector within the deterministic frontier function. This

    has the implication of implying that those TOCs were problem TOCs had different

    deterministic frontiers than those that were not. The inclusion of these terms in the

    frontier is a common approach in the literature for handling such variables (see for

    example, Coelli, Rao, ODonnell and Battese, 2005).

    4.0 Data

    Table 2 shows the data used for the analysis. The dependent variable is TOC

    variable cost, defined as All TOC expenditure (excluding exceptional items), less any

    transfers to Network Rail (access charges and performance penalties / payments).

    Thus variable cost comprises staff costs (32 per cent), rolling stock leasing charges

    (27 per cent) and other TOC expenditure (41 per cent). Our sample covers a ten year

    period (1997 to 2006) covering 26 TOCs (since not all TOCs appear in all years, the

    total number of observations is 238). Note that the period 1997 to 2006 refers to the

    financial years 1996/97 to 2005/06.

    [Table 2 here]

    Given the highly regulated environment in which TOCs operate the companies

    are highly constrained in their ability to adjust prices to maximise passenger-km. We

    thus consider that TOCs produce train-km. This is consistent with other studies in this

    area (Oum et. al., 1999). In addition, TOCs also operate stations. In order to

    distinguish between the cost associated with running more trains and the cost of

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    lengthening trains, we define two separate outputs variables: train-km per route-km

    (train density) and average length of train. The third output variable is then the

    number of stations operated. The route-km variable is included alongside the other

    variables in order to distinguish scale and density effects, and passenger-km is also

    included in order to capture the separate cost impact of carrying more passengers on

    existing services. Thus we see our main output vector as comprising train-km, average

    length of train and number of stations; combined with the output characteristics

    variables route-km and passenger-km. Table 2 also contains data on output quality

    (public performance measure, which measures reliability and punctuality, and signals

    passed at danger which is a safety measure).

    Regarding input prices, we include a cost per worker measure derived from

    the TOC accounts. As noted in section 3, we seek to control for the factors likely to

    affect the price paid by TOCs for rolling stock by testing the impact on cost of a set of

    rolling stock characteristic variables, as shown in Table 2. We also include, as noted

    previously, TOC sector dummy variables that should capture systematic (time

    invariant) differences in rolling stock prices and other costs between the three TOC

    sectors7.

    Two aspects of the data are worth noting. First, we have utilised industry-sourced data

    on track access charges in order to obtain a measure of those costs that are directly

    under the control of the TOCs (that is, track access charges, which are not controlled

    by the TOCs are excluded). Our paper therefore focuses attention closely on the costs

    7As noted in section 3, an alternative model that includes a rolling stock price variable in place of the

    rolling stock characteristics variables produces very similar results to those of our preferred model.

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    under the direct control of TOCs. The majority of the previous literature has focused

    on overall industry costs including infrastructure (see for example, Cowie, 2009 and

    Growitsch and Wetzel, 2009 in respect of British and European rail studies). Whilst

    the latter papers offer an industry-wide perspective, through capturing both

    infrastructure and operations, they do face the problem of measuring the capital input,

    which has to be proxied either by track length, or by track access charges, both of

    which are imperfect measures.Second, we have obtained data on vehicle-km as well

    as train-km, which allows the model to take account of both distance travelled and

    length of train. We are not aware of any previous studies of rail costs in other

    countries that has utilised vehicle-km data.

    5.0 Results and Discussion

    This section outlines the econometric results and verifies that they are robust.

    We then we report on the results of our hypothesis tests relating to the imposition of

    problem contracts and discuss the implications.

    5.1 Econometric results

    Table 3 shows the results of our preferred model. In general, this model

    performs well in terms of the signs and significance of the parameter estimates in

    respect of both the explanatory variables and the efficiency specification. We adopt a

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    (restricted) translog functional form, with squared and interaction terms on the main

    output vector, comprising train density, train length and number of stations operated.

    The translog is restricted in the sense that there are no second order terms for

    the output characteristic terms. Likewise second order terms for the input price

    variable are excluded. Our aim is to estimate a set of frontier parameters that are

    plausible and represent a good approximation to the underlying technology. We can

    then have confidence in the findings concerning the contract effects. A full translog

    model was estimated. However this model was unsatisfactory in several respects

    (translog estimation is often problematic, see for example, Morrison, 1999). The

    elasticity of cost with respect to stations at the sample mean is implausibly high and

    that on route is implausibly low (the stations elasticity also having a relatively tight

    confidence interval associated with it). We also note that the wage elasticity is

    negative for half of our observations, which violates economic theory.

    We therefore retain our restricted translog model as the preferred model. Even

    this restricted model includes squared and interaction terms for the key output vector

    (density, train length and stations). The restricted translog is also preferred to the

    Cobb-Douglas specification based on a likelihood ratio (LR) test (the Cobb-Douglas

    restriction is rejected at the 1 per cent level of significance)8.

    [Table 3 here]

    8It should also be noted that a full TL produces a broadly similar profile of contract effects to that of

    the preferred model.

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    In general we find the coefficients to be of the expected sign and statistically

    significant. At the sample mean, the model exhibits broadly constant returns to scale

    and increasing returns to density which is in line with the general literature on rail

    costs. Since all data is transformed by the sample mean, the scale elasticity is

    computed as the sum of the elasticities on the first order route-km and stations

    variables; variables ROUTE and STAT1 in Table 3 (Scale Elasticity = 1.015). The

    density elasticity is derived from the first order coefficient on the train density

    variable (TDEN in table 3; Density Elasticity=0.776).

    Of the variables listed in Table 2 the planned franchise length, SPADs (safety)

    and PPM (punctuality and reliability) measures were excluded due to the very low t-

    statistics associated with the estimated coefficients. For the rolling stock characteristic

    variables, most of the parameter estimates were statistically insignificant and the signs

    on the variables were not intuitively plausible. The results in terms of our findings on

    the contract effects were little affected by the inclusion or exclusion of these variables

    and we thus decided to exclude them from the final model, with the exception of the

    age of rolling stock. The coefficient on this variable has the expected negative sign.

    As noted earlier, our preferred model produces a very similar result to an alternative

    which includes a rolling stock price in place of the rolling stock age variable (see

    sections 3 and 4).

    As described above, the main aim of the paper is to study the performance of

    three groups of TOCs: failing TOCs that were placed on management contracts;

    failing TOCs that were placed on re-negotiated contracts; and other TOCs that

    remained on their original franchise agreements. These effects are measured via

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    dummy variables included in the deterministic part of the model, which therefore

    imply three separate frontiers for these groups. As is standard in the literature we also

    include a one-sided inefficiency term ( itu ) to pick up variation between firms within

    each group.

    The null hypothesis that there are no inefficiency effects ( itu ) is rejected,

    giving us confidence that a stochastic frontier model is appropriate in this case. The

    nested time invariant efficiency model (Pitt and Lee, 1981) and the simpler time

    varying efficiency (Battese and Coelli, 1992) model can also both be rejected in

    favour of our preferred model (again based on LR tests; in all cases at the 1 per cent

    level of significance). The latter tests show that the time variation in efficiency (for

    most firms) is found to be significant, and that it is important to allow for different

    extents and directions of efficiency change between firms. In addition to the preferred

    model, we also estimated several alternative models which assume inefficiency to be

    iid across time periods (but does allow for such correlation through the means of the

    inefficiency distributions). Overall these models provide similar results to those of our

    preferred model with regard to the key issue of the contract effects.

    For the remainder of the paper we concentrate on the contract group effects, as

    identified by the dummy variables in the deterministic frontier for two reasons. Firstly

    we are interested in the effects of the contract types, and therefore the performance of

    the different groups, rather than the differential performance of firms within the

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    groups (and in any case the itu should be independent of the contract effects9).

    Secondly, the one-sided inefficiency effects ( itu ), are not very large and do not

    change much over time (though as noted the effects are statistically significant, and

    the time variation is also statistically significant; hence why we retain a stochastic

    frontier model in preference to a standard cost function model).

    5.2 The impact of temporary contract arrangements

    We now discuss the results of our hypothesis tests for the temporary contract

    effects (see Table 4). We also illustrate our findings graphically see Figure 2 -

    which shows the extent to which the costs of management and re-negotiated contract

    TOCs exceed those of industry best practice (as represented by other, unaffected

    TOCs). Two profiles are shown for the management TOCs, one for a typical

    management TOC that entered into a management contract in 2002 and saw

    competitive re-franchising in 2005; and the remaining management TOCs, which

    continued on these contract arrangements until the end of the sample (dotted line in

    Figure 2). Given the way the model is constructed (see section 3), the results for these

    two sub-groups are identical up to and including 2004, but diverge after that when

    some of the firms are re-franchised.

    [Table 4 here]

    [Figure 2 here]

    9The appropriateness of the random effects specification, where the inefficiency effects are

    uncorrelated with the regressors is confirmed by a Hausman test (which we fail to reject).

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    Taking the management contracts first, we find that management TOCs costs

    rose 21.6 per cent in the first year on the management contract, compared to the

    previous year, over and above the change in costs for other (unaffected) operators

    (Hypothesis IA reject the null; significant at the 0.01 per cent level). This is shown

    by the sharp upward shift in costs for these operators following the shift to

    management contracts in year 6 (2002). The relevant test statistic in Table 4 is

    0.19548. Further, following the shift to management contracts (in 2002), these TOCs

    were found to be 23.2 per cent more expensive than industry best practice (Hypothesis

    IB reject the null; significant at the 0.01 per cent level). The relevant test statistic in

    Table 4 is 0.20935 which translates into an index number in Figure 2 of 1.232910

    .

    During the subsequent years costs fell for management TOCs relative to other

    TOCs, albeit from a very high base. For those management TOCs that saw re-

    franchising during our sample, by the end of the management contract period (year 8;

    2004), costs were still 14.8 per cent greater than best practice (Hypothesis IIA reject

    the null for this group of TOCs; significant at the 1 per cent level). The relevant test

    statistic in Table 4 is 0.1382 which translates into an index number in Figure 2 of

    1.1482. Thus while TOCs were on management contracts, we find that they had a

    sustained negative effect on performance. However, once the management contract

    TOCs were re-franchised (year 9; 2005), we find a sharp fall in costs, such that this

    group of management TOCs did not have statistically different costs to the other

    10The relationship between the index calculation in Figure 2 and the test statistics in Table 4 is as

    follows: index = exp (test statistic).

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    TOCs (Hypothesis IIB fail to reject the null; index of 0.9947 in year 911

    ).

    Competitive re-franchising thus resolves the problem of higher costs.

    Those management TOCs that did not see re-franchising during our sample

    follow a path shown by the dotted line in Figure 2. Thus costs continue to fall, but not

    as quickly as for TOCs that were re-franchised. The costs for this group of

    management TOCs also remain above the costs of the other TOC category

    throughout the sample (see Figure 2), this finding being statistically significant up to

    and including 2005. However, by the very last year of the sample, the excess cost over

    other TOCs, though positive, is no longer statistically significant (see Table 4). In

    respect of Hypothesis IIA, we can therefore reject the null for the period from 2002 to

    2005, but cannot reject the null for this group of TOCs in the final year of the sample.

    That is, costs for this group did eventually return to normal levels whilst on the

    management contract arrangements.

    Taken together, from a policy perspective, these results suggest that

    management contracts were bad for efficiency, particularly given that they were

    allowed to persist for several years. However, following competitive re-franchising,

    costs returned to industry best practice levels, which is reassuring. Whilst it appears

    that after the initial cost rise, the franchising authority did have some success in

    bringing downward pressure on costs through the management contract arrangements,

    they did so from a very high base, and also costs came down much more slowly for

    those operators that continued on the arrangements as compared to those that saw re-

    11Test statistic of -0.00527 in Table 4.

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    franchising. Thus costs for management TOCs were persistently, substantially higher

    than other TOCs over a number of years.

    Further, it may be that the cost falls among this group of management TOCs

    was driven in part by the anticipation of future re-franchising as much by any pressure

    brought to bear under the management contracts. The threat of competition has been

    found to have impacts in a wide range of cases, quite apart from the impact of actual

    competition (see for example, Evenden and Williams, 2000).

    As noted earlier, to guard against endogeneity bias, we need also to consider

    the profile of costs prior to the contract arrangements. We find that those TOCs which

    subsequently ended up on a management contract had costs that were 19.0 per cent12

    higher than best practice at privatisation (Hypothesis III A reject the null;

    statistically significant at the 1 per cent level). We also find that these costs fell up to

    the period directly preceding the contract shift. However we do not find that costs

    were cut to levels below those for the other TOCs (Hypothesis IIIB fail to reject the

    null; index of 1.0140 in year 5 (2001)13

    ). Thus while the TOCs which subsequently

    were placed onto management contracts did make large cuts in their costs prior to

    getting into difficulties, we find no evidence that they cut costs below an efficient

    (and thus sustainable) level (see also Figure 2).

    As also noted earlier, we would expect a different story to emerge for the re-

    negotiated contracts. Once signed, these contracts should have the same incentive

    12Test statistic of 0.17410; see Table 4.

    13Test statistic of 0.01387; see Table 4.

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    properties as the standard franchise contracts which other, unaffected operators

    continued operating under. On the other hand, the annually negotiated management

    contracts might be thought to have weaker incentive properties.

    Figure 2 shows a similar cost profile for the TOCs which entered into re-

    negotiated contracts, as management contracts. However, importantly, the cost

    changes and differences are less dramatic and for most of the hypotheses we cannot

    reject the null14

    . In particular we do not find evidence that following re-negotiation

    these TOCs had costs greater than the other TOCs (Hypothesis IB fail to reject the

    null), although we do find that the costs for re-negotiated problem TOCs did increase

    from the year preceding the renegotiation (Hypothesis 1A reject the null; significant

    at the 0.01 per cent level). As for the management TOCs, costs started higher than

    best practice at privatisation (Hypothesis III A reject the null; index of 1.2332 in

    199715

    ; significant at the 2 per cent level), and were not cut below those of other

    TOCs (Hypothesis III B fail to reject the null).

    Our findings are therefore in line with prior expectations. It appears that TOCs

    on re-negotiated contracts did see an increase in costs initially, which may have

    resulted from the improvements in quality demanded by the franchising authority at

    the time of re-negotiation. However, their costs were not statistically higher than best

    practice during the period of the arrangements.

    14We could not include a variable picking up the impact of competitive re-franchising on re-negotiated

    contract TOCs due to parameter significance and model convergence issues most likely generated bythe small number of re-negotiated contract TOCs which were re-franchised into comparable TOCs.15

    Test statistic 0.20965; see Table 4.

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    Overall, our findings suggest that the decision to place TOCs onto

    management contracts for an extended period led to a substantial and statistically

    significant deterioration in efficiency for the affected TOCs relative to best practice.

    Through careful specification of the contract dummy variables, before and after their

    onset, we can reject the alternative possibility that the affected TOCs cut costs too far

    during the early period to try and ensure their survival, with the consequences felt in

    the later period. The TOCs which ended up on management contracts did not cut costs

    below those of other TOCs prior to the onset of the temporary contract arrangements

    (Hypothesis IIIB).

    Rather, the evidence instead supports the hypothesis that these TOCs started

    the period being less efficient than other TOCs, and then achieved partial catch-up

    savings relative to other operators this being the very result that franchising would

    be expected to deliver. The onset of the management contract arrangements then

    weakened incentives for cost control among the affected operators and thus caused

    efficiency and costs to diverge further from those of other TOCs (Figure 2). As

    expected a priori, whilst the pattern of cost change is directionally similar for the re-

    negotiated contracts, the effects are not statistically significant, since these contracts

    retain the strong incentive properties of standard franchise agreements.

    At this point we note an alternative interpretation of the above which is as

    follows. The problem TOCs may have started with higher costs because of the nature

    of their operations, rather than due to relative inefficiency. In bringing their costs

    down to the levels of other operators, they thus reduced costs to unsustainable levels,

    thus causing costs to rise later. However, we do not think that the evidence supports

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    this interpretation. First of all, there is no reason to presume, a priori, that the problem

    TOCs should have had higher costs than other operators (they are a mix of London

    commuter, regional and intercity operators). Second our model contains a wide range

    of variables to deal with heterogeneity between operators. Finally, by the end of the

    sample, the cost gap between the problem TOCs and other TOCs has been closed, and

    there is no evidence to date to suggest that this position is unsustainable.

    Of course, from a policy perspective, when an operator runs into problems, the

    franchising authority always faces a choice between taking control of operations

    itself, an eventuality for which it may have call-off arrangements in place, or allowing

    the incumbent to run services on a management or short-term re-negotiated contract

    pending re-franchising. The option of allowing the incumbent to continue in the short

    term on some kind of temporary arrangement is, of course, likely to be more

    advantageous if a number of operators fail simultaneously as occurred here.

    The difference in this case, however, is that the temporary contract

    arrangements were allowed to persist for several years, not just for a few months

    whilst waiting for the outcome of a new competitive franchise competition. As noted

    earlier, there were good reasons for delaying competitive re-franchising (lack of

    funding and a desire to re-draw the franchise boundaries). However, our analysis

    shows that this was a costly decision. Further, given the different experience of the

    two types of temporary contract arrangements employed, our findings suggest that if

    the intention (a priori) is to delay competitive re-franchising, a re-negotiated contract

    is preferable to an extended period on a management contract.

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    As noted in the introduction, the results with regard to the effects of contracts

    differ from those reported in an earlier paper by the current authors as part of a wider

    study on the impact of rail franchising on productivity (Smith and Wheat, 2009).

    Importantly, that paper did not adequately address the inherent problem of

    endogeneity bias when testing the impact of contractual or institutional arrangements

    on productivity. As a result, Smith and Wheat (2009) were not able to discern any

    significant difference between the management and re-negotiated contracts which

    were both found to have a substantial negative impact on productivity. Further, due to

    the simplified treatment of the contract dummies, it was not possible to determine

    whether costs fell following re-franchising.

    Thus the comprehensive and robust approach to modelling the contracts in this

    paper has advanced our understanding of their effects, in particular in respect of the

    differential effects of the two alternative contract types, and the unwinding of the

    effects following competitive re-franchising.

    Finally, Smith and Wheat (2009) also report a general deterioration in

    productivity across the sector, even the frontier firms, which is in addition to the

    contract effects reported here. Cowie (2009) also reported a sector wide deterioration

    in TFP over this period. Whilst not central to this paper, our model likewise shows a

    deterioration in the frontier after 2000 in line with previous studies. Thus, whilst our

    paper has focussed on the contract effects, further research is needed to understand the

    wider trends as well.

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    6.0 Conclusions

    This paper has applied econometric techniques to test the impact of the British

    franchising authoritys approach to dealing with failing passenger rail franchises and

    the effects of the temporary contractual arrangements that were put in place. We

    utilise a unique dataset which separates TOC costs from track access charges paid to

    the infrastructure manager, and thus focuses attention closely on the costs under the

    direct control of TOCs. We have controlled for a wide range of variables that capture

    the heterogeneity between TOCs, in particular through the inclusion of train-length

    alongside train-km.

    We find that the franchising authoritys decision to place a large number of

    TOCs on management contracts for an extended period led to a substantial

    deterioration in efficiency relative to other TOCs. Furthermore, this effect was

    persistent and led to costs being considerably higher than other TOCs for several

    years. However, the relative inefficiency was eliminated by competitive re-

    franchising for those TOCs that were subject to this process during our sample, which

    is reassuring.

    In contrast, we found that where the franchising authority used short-term re-

    negotiated contracts, costs for these operators were not (statistically) higher than best

    practice for the period of their duration. This finding is expected, since these contracts

    retain the strong incentive properties of standard franchise agreements.

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    Whilst the use of management contracts, pending re-franchising, may be a

    useful short-term expedient following franchise failure, the analysis in this paper

    shows that such arrangements can be bad for efficiency, particularly if allowed to

    continue for long periods of time. Therefore, if the intention is to delay competitive

    re-franchising for an extended period, for example to facilitate the re-drawing of

    franchise boundaries, our analysis suggests that a re-negotiated contract is likely to be

    preferable to a management contract.

    In the British context, the Department for Transport has stated that it will not

    re-negotiate with TOCs that run into difficulty which so far it has not done. Whilst

    GNER continued to run the East Coast inter-city franchise pending re-franchising

    after it ran into trouble in 2006, this arrangement was short lived and appeared to

    preserve economic incentives during this period. In 2009, the Department also refused

    to re-negotiate with GNERs successor, National Express, in respect of the same

    franchise. The Department therefore appears to have learned the lessons of the past,

    although following two franchise failures within a very short time frame, and given

    the policy of not re-negotiating with private firms, the East Coast inter-city franchise

    is currently (2010) being run as a nationalised firm. It remains to be seen whether this

    arrangement proves to be a more satisfactory than that which would have resulted

    from a management or re-negotiated contract with a private operator.

    Our findings in respect of the impact of franchise contract re-negotiation on

    efficiency performance have implications beyond the British rail sector, extending to

    a wide range of policy situations internationally where franchising or concession

    arrangements have been put in place or are being considered. Further, given the

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    unenviable choice faced by franchising authorities in cases of franchise distress,

    perhaps the wider lesson here is that policy makers should aim to avoid the problem

    of franchise failure in the first place, through focusing on improving the bid

    evaluation process to ensure deliverability, and considering changes to the way in

    which risk is shared between franchisee and government. Franchise failure in

    passenger rail has been much less prevalent elsewhere in Europe, for example in

    Germany and Sweden, and British policy makers are considering changes to the

    franchising process as part of the 2010/11 Value for Money review of the industry,

    drawing, where relevant, on international best practice.

    Finally, we consider that future research should focus on understanding the

    reasons for more general increases in TOC costs in Britain post-2000, in addition to

    those resulting from the temporary contract arrangements. Future research should also

    consider how British TOC productivity trends and levels compare against

    international comparators operating under different franchising regimes and, more

    widely, alternative rail industry structures.

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    Tables

    TABLE 1

    LIST OF PROBLEM TOCS

    POST 2001

    Cardiff Railways

    Central Trains

    South Central

    South Eastern

    Virgin Cross country

    C2CMerseyrail

    Northern Spirit

    North Western

    Scotrail

    WAGN

    Wales & West

    Virgin West Coast

    Management contract

    Re-negotiated contract

    Management contract

    Re-negotiated contract*

    Management contract

    Re-negotiated contractManagement contract

    Management contract

    Management contract

    Re-negotiated contract

    Management contract

    Management contract

    Management contract

    Source: own compilation based on SRA annual reports and TAS rail monitors

    * This operator was subsequently run temporarily by the Operator of Last Resort (see section 2

    above).

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    TABLE 2

    DATA AND SOURCES

    Data SourceCosts

    All TOC Expenditure (1) TOC AccountsRolling Stock Leasing Charges (2) TOC AccountsStaff Expenditure (3) TOC AccountsInfrastructure Access Charges (except electric tractioncharges) (4)

    Network Rail

    Other Expenditure (1)-(2)-(3)-(4)TOC Controllable Cost (dependent variable) (1) - (4)

    Outputs and output characteristics (Y it; Qit)Train Density (Train-km per route-km) Network RailAverage Length of Train (Vehicle-km / Train-km)Route-kmNumber of Stations OperatedPublic Performance Measures (Delays and Cancellations)Signals Passed at Danger (SPADs)

    Network RailNational Rail TrendsNational Rail TrendsNational Rail TrendsRSSB

    Prices (Pit) and rolling stock characteristics (proxy for prices)Average SalaryAverage Age of Rolling StockRolling Stock Type

    - EMU- DMU- Electric Locomotive- Diesel Locomotive

    TOC Accounts; TASRail Monitor andPlatform 5 books

    Policy variables

    Dummy for One Year of Franchise RemainingProblem TOC Dummy VariablesTime Trend VariablesPlanned Franchise Length

    Constructed fromOPRAF, SRA and DfTsources

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    TABLE 3

    PREFERRED MODEL RESULTS

    Coeff. Std.Err. t-ratio P-value

    Deterministic frontier parameters

    ONE 5.0119 0.1239 40.4575 0.0000ROUTE 0.6946 0.0359 19.3488 0.0000

    TDEN 0.7760 0.0652 11.9061 0.0000

    STAT1 0.3207 0.0502 6.3916 0.0000

    TIME -0.0276 0.0177 -1.5588 0.1191

    INP 0.3349 0.1005 3.3316 0.0009

    TDEN2 0.0382 0.0311 1.2267 0.2200

    STAT12 -0.0058 0.0113 -0.5179 0.6046

    TIME2 0.0020 0.0012 1.6746 0.0940

    TLEN2 0.2980 0.0663 4.4957 0.0000

    DENSTAT1 0.0708 0.0501 1.4127 0.1577

    TDENLEN -0.1861 0.0570 -3.2645 0.0011

    STAT1LN 0.0385 0.0651 0.5913 0.5543

    TLEN 0.4484 0.0811 5.5274 0.0000

    LFAC 0.1367 0.0722 1.8933 0.0583

    ONWARDS2 0.1741 0.0195 8.9460 0.0000

    _1_YEAR_ -0.0289 0.0187 -1.5408 0.1234

    MANBF 0.2142 0.0709 3.0225 0.0025

    MANAF 0.2449 0.0622 3.9406 0.0001

    RENBF 0.2806 0.0967 2.9010 0.0037

    RENAF 0.1264 0.0860 1.4691 0.1418

    INTERCIT 0.4757 0.0755 6.3007 0.0000

    LSE 0.1416 0.0795 1.7822 0.0747

    MANBFT -0.0401 0.0116 -3.4496 0.0006

    RENBFT -0.0709 0.0149 -4.7502 0.0000

    MANAFTR -0.0356 0.0141 -2.5213 0.0117

    RENAFTR -0.0353 0.0199 -1.7743 0.0760

    LNAGE -0.0334 0.0235 -1.4207 0.1554

    MANAF11 -0.1079 0.0493 -2.1872 0.0287

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    TABLE 3

    PREFERRED MODEL RESULTS (continued)

    Coeff. Std.Err. t-ratio P-value

    Inefficiency Distribution Parameters

    Lambda 3.3057 0.0721 45.8449 0.0000Sigma(u) 0.2151 0.0027 79.8522 0.0000

    X101T -0.3778 0.3315 -1.1395 0.2545

    X102T 0.2046 0.0747 2.7402 0.0061

    X103T 0.1330 0.0975 1.3643 0.1725

    X104T -1.3183 1.7778 -0.7415 0.4584

    X105T -0.9466 0.8498 -1.1139 0.2653

    X106T -0.0508 0.1651 -0.3075 0.7585

    X107T -1.1452 1.3123 -0.8726 0.3829

    X108T -0.3084 0.2119 -1.4554 0.1456

    X109T -0.1902 0.0629 -3.0258 0.0025

    X110T -28.8320 471307 -0.0001 1.0000

    X111T -0.1282 0.0567 -2.2624 0.0237

    X112T 0.0882 0.0994 0.8872 0.3750

    X113T 0.0676 0.0343 1.9707 0.0488

    X114T -0.8042 0.4183 -1.9222 0.0546

    X115T -0.3943 0.6799 -0.5799 0.5620

    X116T -1.1755 1.4636 -0.8032 0.4219

    X117T -0.2744 0.2727 -1.0062 0.3143

    X118T -0.0798 0.0656 -1.2164 0.2238

    X119T 0.1038 0.0910 1.1406 0.2540

    X120T 0.1312 0.0318 4.1193 0.0000

    X121T -0.2845 0.1599 -1.7798 0.0751

    X122T -0.2047 0.0933 -2.1949 0.0282

    X123T 0.1781 0.0853 2.0876 0.0368

    X124T -0.0060 0.0652 -0.0914 0.9272

    X125T 0.1568 0.0861 1.8213 0.0686

    X126T -0.1243 0.1505 -0.8257 0.4090

    The definitions of the variable names shown in Table 3 are as follows*:

    ONE=CONSTANT

    ROUTE=LN(ROUTE-KM)

    TDEN=LN(TRAIN-KM/ROUTE-KM)

    TLEN=LN(VEHICLE-KM/TRAIN-KM)

    STAT1=NUMBER OF STATIONS**

    TIME=TIME TREND VARIABLE

    INP=LN(AVERAGE SALARY)

    TDEN2=TDEN^2

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    STAT12=STAT1^2

    TIME2=TIME^2

    TLEN2=TLEN^2

    DENSTAT1=TDEN*STAT1

    TDENLEN=TDEN*TLEN

    STAT1LN=STAT1*TLEN

    LFAC= LN(PASS-KM/TRAIN-KM)

    ONWARDS2000=DUMMY FOR YEARS AFTER 2000

    _1_YEAR_=DUMMY FOR ONE YEAR OF FRANCHISE REMAINING

    INTERCIT=DUMMY FOR INTERCITY OPERATION

    LSE=DUMMY FOR LONDON AND SOUTH EAST TOC OPERATION

    LNAGE=LN(AVERAGE AGE OF ROLLING STOCK)

    MANBF, MANAF, MANAF11, MANBFT, MANAFTR, RENBF, RENAF,

    RENAFTR = CONTRACT DUMMIES AND TIME/DUMMY INTERACTIONS

    SET OUT IN SECTION 3.2

    X1IT = ETA PARAMETER FOR FIRM I (SEE EQUATION (5))

    * Note that all data is transformed by dividing by the sample mean prior to taking logs, in order that the

    first order coefficients can be interpreted as elasticities at the sample mean.

    ** This variable contains zero observations so could not be logged. For ease of interpretation this

    variable was computed as (Number of Stations / Mean) -1.

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    TABLE 4 HYPOTHESIS TESTS ON PROBLEM CONTACT EFFECTS

    Hypo-thesis

    Description Column 1 Column 2 Column 3Management

    contract TOCs(re-franchisedduring sample)

    Managementcontract TOCs(continuing on

    contracts)

    Re-negotiatedcontract TOCs

    Testcoeff.

    P value Testcoeff.

    P value Testcoeff

    P value

    IA Did problem TOC costs

    increase in the first year of

    those arrangements over andabove the change in costs

    for other operators? (Null:no difference in costchange between problemand other TOCs)

    0.19548 0.0000 As

    column 1

    As

    column 1

    0.16514 0.0000

    IB Were problem TOC costs

    higher than best practice in

    the first year of the

    temporary contracts? (Null:

    problem TOC costs notdifferent from bestpractice)

    0.20935 0.0001 As

    column 1

    As

    column 1

    0.09113 0.2690

    IIA Did costs fall back to the

    best practice level over the

    duration of the temporarycontract arrangements?

    (Null: problem TOC costsfell back to best practicelevels)

    Y6 0.2094

    Y7 0.1738

    Y8 0.1382(note a)

    0.0001

    0.0002

    0.0022

    Y6 0.2094

    Y7 0.1738

    Y8 0.1382Y9 0.1026

    Y10 0.067

    (note b)

    0.0001

    0.0002

    0.00220.0298

    0.2068

    Y6 0.0911

    Y7 0.0559

    Y8 0.0206

    0.269

    0.5037

    0.8172

    IIB Did costs fall back to the

    best practice level once the

    franchise had undergone

    competitive re-franchising?

    (Null: problem TOC costsfell back to best practicelevels)

    -0.00527 0.9348 NA NA NA

    (note c)

    NA

    IIIA Were problem TOC costs

    higher than best practice at

    privatisation? (Null:problem TOC costs in linewith best practice)

    0.17410 0.0059 As

    column 1

    As

    column 1

    0.20965 0.0185

    IIIB Did problem TOCs cut costs

    below other TOCs prior to

    the temporary contract

    arrangements (Null:problem TOC costs in linewith best practice)

    0.01387 0.7874 As

    column 1

    As

    column 1

    -0.07400 0.3649

    Notes: The tests in the above table are based on t-tests for linear combinations of the estimatedcoefficients.a) For the purpose of the above hypotheses we consider a typical problem TOC which entered into a

    management contract in 2002 (year 6) and was refranchised in 2005 (year 9).b) This group of TOCs remained on management contracts throughout the sample and we record test

    statistics for each year of those arrangements.

    c) We could not include a variable picking up the impact of competitive re-franchising on re-negotiated contract TOCs ( (due to both parameter significance and model convergence issues most

    likely generated by the small number of re-negotiated contract TOCs which were re-franchised into

    comparable TOCs).

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    Figures

    FIGURE 1: TRAIN OPERATING COMPANY COSTS

    (EXCLUDING INFRASTRUCTURE ACCESS CHARGES)

    0.0

    20.0

    40.0

    60.0

    80.0

    100.0

    120.0

    140.0

    0

    1,000

    2,000

    3,000

    4,000

    5,000

    6,000

    1997 1998 1999 2000 2001 2002 2003 2004 2005 2006

    Unitcostindex:1997=100

    Costs,m,

    2006prices

    Source: Compiled from Train Operating Company Statutory Accounts and access

    charge data provided by Network Rail.

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    FIGURE 2

    FRONTIERS FOR THE PROBLEM TOCS

    0.8

    0.85

    0.9

    0.95

    1

    1.05

    1.1

    1.15

    1.2

    1.25

    1.3

    1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007

    Costf

    rontierlevelrelativetoOtherTOCs

    Year

    Other TOCs Management TOC Renegotiated TOC Management TOC Continuing

    Management

    andre

    negotiated

    contractsstart

    Lastyearof

    management

    contract*

    * Some TOCs saw re-franchising during this period and came off their management contracts. Other

    TOCs (dotted line in the above chart) continued on their management contracts to the end of the period.