Product Market Regulation and Competitiveness: Towards a ... 21 April 2015 final.pdfproduct market...
Transcript of Product Market Regulation and Competitiveness: Towards a ... 21 April 2015 final.pdfproduct market...
![Page 1: Product Market Regulation and Competitiveness: Towards a ... 21 April 2015 final.pdfproduct market seem to exert an independent negative effect on the economy’s overall efficiency.](https://reader033.fdocuments.in/reader033/viewer/2022051912/6002e064dc2b4b121d56b9af/html5/thumbnails/1.jpg)
1
Product Market Regulation and Competitiveness:
Towards a National Competition and Competitiveness Policy for Greece
Yannis Katsoulacos1 Christos Genakos
2 George Houpis
3
AUEB AUEB, CEP & CEPR Frontier Economics
April 20154
Abstract
This chapter examines the competitiveness of product markets in Greece. One of the main
determinants of competitiveness is the quality of the set of rules and regulations that govern
the operation of markets. These should promote competition, investment and
entrepreneurship. Heavy and low quality regulation is generally associated with greater
inefficiency and poor economic outcomes. We provide a summary of the Greek economy
competitiveness and of its evolution over time through the lenses of various internationally
comparable indicators that cover a wide spectrum of aspects that affect or contribute to the
measurement of a country’s competitiveness. We demonstrate that product markets in Greece
are among the most heavily and mis-regulated markets of advanced countries, though the
reforms of the last four years seem to be having a positive impact. We then investigate in
greater depth the mis-regulation of product markets, identifying a number of responsible
factors and discussing a number of case studies. We make the case for a National
Competition and Competitiveness Policy plan to improve the regulatory institutions and
reduce regulatory burden. Finally, we look at the successes and failures of regulatory reform
history in two very important markets: energy and telecommunications.
1 Department of Economics, Athens University of Economics and Business, E: [email protected], U:
http://www.aueb.gr/users/katsoulacos/ 2 Department of Economics, Athens University of Economics and Business, CEP and CEPR, E:
[email protected], U: http//www.aueb.gr/users/cgenakos/ 3 Frontier Economics, E: [email protected], U: http://www.frontier-
economics.com/europe/en/people/6/ 4 We have benefited from discussions with Dimitris Vayanos and Nikos Vettas and from comments at the
Workshop on Reforming the Greek Economy Athens, May 27-28 2013 in which a preliminary version of the
paper was presented. We are also grateful to Galateia Makri for excellent research assistance. Katsoulacos
acknowledges research support from Bank of Greece, the Hellenic Federation of Enterprises and the Greek
Ministry’s of Education Program “Excellence in Research (ARISTEIA)”, Research Grant 2591 (CoLEG). The
opinions expressed in this paper are those of the authors alone and any errors or ambiguities are solely their
responsibility.
![Page 2: Product Market Regulation and Competitiveness: Towards a ... 21 April 2015 final.pdfproduct market seem to exert an independent negative effect on the economy’s overall efficiency.](https://reader033.fdocuments.in/reader033/viewer/2022051912/6002e064dc2b4b121d56b9af/html5/thumbnails/2.jpg)
2
1. Introduction
The focus of this paper is on the product markets in Greece and how to restore their
competitiveness. One of the main determinants of competitiveness is the quality of the set of
rules and regulations that govern the operation of markets. These should promote
competition, investment and entrepreneurship. Regulations that are well-designed, suitably
applied and effectively enforced can make a country competitive and prosperous.
Greece’s low competitiveness is not due to a lack of regulations. Indeed, the Greek economy
is very heavily regulated. As we will demonstrate in the next sections the Greek product (i.e.,
goods and services) markets are the most heavily regulated among OECD countries. Heavy
regulation is generally associated with greater inefficiency and poor economic outcomes (see,
for example, Nicoletti, et. al., 1999; Blanchard, 2004). Many of the regulations create serious
obstacles for competition, investment and entrepreneurship, and should be abolished.
Deregulations that promote competition have a positive impact on productivity through a
more efficient use of resources (Nickell, 1996; Blanchflower and Machin, 1996; Bloom, et.
al., 2012), by making entry of new firms easier (Van Wijnbergen and Venables, 1993;
Bloom, et. al., 2012) and by incentivising firms to innovate (Blundell, et. al., 1999; Aghion,
et. al., 2005). At the same time, important regulations, such as Competition Law and network
industry regulation that could promote the good operation of markets are not enforced
effectively in Greece.
However, precisely because the Greek economy is heavily and inefficiently regulated, there
are large benefits to reap from regulatory reform. According to one OECD study (Scarpetta
and Tressel, 2002), a comprehensive regulatory reform alone could raise the competitiveness
of the Greek economy and ultimately the incomes of Greek citizens, by more than 15%.
Similarly, model based calibration work carried by IOBE (2014a) indicated that reforms
related to the liberalization of the markets and the enhancement of competition will boost
Greece’s GDP by 1.7% during the first year and by up to 7.8% in the long run. Finally,
OECD (2014) in a recent competition assessment of laws and regulations in just four sectors5
of the economy identified 555 problematic regulations and 329 provisions “where changes
could be made to foster competition” and it estimated the benefits from enhanced competition
arising through “rising expenditure, increased turnover and lower prices for the Greek
5 The sectors were: food processing, retail trade, building materials and tourism.
![Page 3: Product Market Regulation and Competitiveness: Towards a ... 21 April 2015 final.pdfproduct market seem to exert an independent negative effect on the economy’s overall efficiency.](https://reader033.fdocuments.in/reader033/viewer/2022051912/6002e064dc2b4b121d56b9af/html5/thumbnails/3.jpg)
3
consumer at around EUR 5.2 billion, or around 2.5% of GDP”6. Therefore, there is
unanimous agreement that the potential effects for Greece of reforms in product markets on
employment, output, productivity and competitiveness are sizable.
This paper is organised as follows. Section 2 provides a brief summary of the Greek economy
competitiveness and of its evolution over time through the lenses of various internationally
comparable indicators that cover a wide spectrum of aspects that affect or contribute to the
measurement of a country’s competitiveness. Section 3 investigates in greater depth the mis-
regulation of Greek markets, identifying a number of responsible factors and discussing a
number of case studies. Section 4 makes the case for a National Competition and
Competitiveness Policy plan to improve the regulatory institutions and reduce the regulatory
burden. Section 5 looks at issues related to the regulation of and the successes and failures of
reforms in two very important markets: energy and telecommunications. The final section
offers concluding remarks.
2. The Competitiveness of the Greek Economy and its Evolution
For at least two decades leading up to the wake of the economic crisis in 2009, Greece has
been steadily losing its competitiveness vis-à-vis other EU and OECD countries. This
negative trend seems to have halted following the reforms implemented under the Economic
Adjustment Program and in many cases there is clear evidence of a slow but steady
improvement. In this section we briefly review various indicators that quantify the decline
and the rise in the competitiveness of the Greek economy with an emphasis on product
market regulations and the business environment7. To this end, we utilise data from three
international organizations: the World Economic Forum, the World Bank and the OECD8.
The World Economic Forum is an independent international organisation that publishes the
Global Competitiveness Report for over 30 years. The World Economic Forum has based its
competitiveness analysis on the Global Competitiveness Index (GCI): this is a comprehensive
6 OECD (2014), “OECD Competition Assessment Reviews: Greece”, p.3.
7 For more detailed discussion see Katsoulacos and Makri (2013).
8 Various components of these indicators are based on “soft data”, collected from questionnaires, thus reflecting
the respondents’ attitudes and opinions. Hence, these indicators incorporate a great deal of subjectivity, which
might not be fully comparable across countries. However, there is a common pattern that emerges from the
evolution of these indicators and this is what we focus on.
![Page 4: Product Market Regulation and Competitiveness: Towards a ... 21 April 2015 final.pdfproduct market seem to exert an independent negative effect on the economy’s overall efficiency.](https://reader033.fdocuments.in/reader033/viewer/2022051912/6002e064dc2b4b121d56b9af/html5/thumbnails/4.jpg)
4
tool that measures the microeconomic and macroeconomic foundations of national
competitiveness. According to the GCI, competitiveness is defined as the set of institutions,
policies, and factors that determine the level of productivity of a country. The level of
productivity not only sets the level of prosperity but also determines the rates of return
obtained by investments in an economy, which in turn are the fundamental drivers of its
growth. In other words, a more competitive economy is one that is more likely to achieve
sustainable growth.
The GCI is based on a weighted average of many different components that are grouped into
twelve pillars. Figure 1 shows the evolution of Greece’s overall competitiveness ranking
between 2001 and 2014.9 The increase in the index means that the relative competitiveness of
the Greek economy has been steadily declining, with a particularly accelerated pace since
2005. The decline seems to have peaked in 2012. Since then there is a strong opposite trend
with Greece improving its rank position.
Figure 1: World Economic Forum - The Global Competitiveness Index
Source: World Economic Forum, 2001-14.
9 Note that the number of countries included in the report varies from year to year (the average number is
approx. 133 countries), so any time series comparisons should be viewed cautiously. Even though most high-
income countries were included from the start of this index, it is not self-evident that any changes in the number
of countries should improve Greece’s position in the ranking. If a more competitive country (even of lower
income) drops out of the sample, the position of Greece will indeed improve. Greece’s position will deteriorate
if such a country is introduced in the sample. Furthermore, entry or exit of a country less competitive then
Greece would not affect Greece’s position, given that the ranking here reflects the absolute position of the
country and not its percentile rank. Nevertheless, these indices are widely used and the trend for Greece is so
clear and strong than these other factors are likely to be only secondary.
![Page 5: Product Market Regulation and Competitiveness: Towards a ... 21 April 2015 final.pdfproduct market seem to exert an independent negative effect on the economy’s overall efficiency.](https://reader033.fdocuments.in/reader033/viewer/2022051912/6002e064dc2b4b121d56b9af/html5/thumbnails/5.jpg)
5
Looking at some of the relevant subcomponents of this index, it is interesting to note that
Greece’s ranking has been declining mainly due to the deterioration of the relevant efficiency
of the goods market and its institutions in general. As we can see in Figure 2, both of these
indices have experienced a strong decline since 2006. If we add to this the already low
efficiency of the labour market, one can begin to understand the truly disastrous combination
that led to the decline of Greece’s competitiveness over these years. This also highlights that
although the product and labour markets are closely interlinked, the inefficiencies of the
product market seem to exert an independent negative effect on the economy’s overall
efficiency. Again though, since 2012, all indices seem to steadily improve as a result of the
changes in legislation.
Figure 2: The Global Competitiveness Index – Goods and Labour markets and institutions
Source: World Economic Forum, 2006-14.
Considering further Greece’s performance in “Goods Market Efficiency” it is worth
examining the two sub-indices of “Intensity of Local Competition” and “Effectiveness of
Anti-Monopoly Policy”, that are particularly relevant to the discussion in this Chapter (see
Figure 3). With respect to both of these sub-indices Greece’s relative performance has been
very low and has deteriorated rapidly – especially with respect to the second sub-index in
which it ranked 36th
in 2006, ranks 83rd
in 2011 and 92nd
in the latest 2013-14 report. On the
contrary, the crisis seems to have ignited a stronger local competition, as from 95th
in the
ranking in 2012, Greece has improved to the 71st position.
![Page 6: Product Market Regulation and Competitiveness: Towards a ... 21 April 2015 final.pdfproduct market seem to exert an independent negative effect on the economy’s overall efficiency.](https://reader033.fdocuments.in/reader033/viewer/2022051912/6002e064dc2b4b121d56b9af/html5/thumbnails/6.jpg)
6
Figure 3: The Global Competitiveness Index – Intensity of Competition and Effectiveness
of Anti-Monopoly Policy
Source: World Economic Forum, 2006-14.
In addition, important aspects of the business environment such as the business sophistication
or the innovation capabilities of firms in Greece have also experienced a strong decline, as
demonstrated in Figure 4. The negative impact of an overregulated business environment is
also reflected in the extremely low “FDI and Technology Transfer” rankings. Again though,
since 2012 Greece seems to slowly but steadily improve its position.
Figure 4: The Global Competitiveness Index – Business Sophistication, Innovation and FDI
Source: World Economic Forum, 2006-14.
![Page 7: Product Market Regulation and Competitiveness: Towards a ... 21 April 2015 final.pdfproduct market seem to exert an independent negative effect on the economy’s overall efficiency.](https://reader033.fdocuments.in/reader033/viewer/2022051912/6002e064dc2b4b121d56b9af/html5/thumbnails/7.jpg)
7
The second set of indicators comes from the World Bank. The first is from the “Doing
Business” report that presents quantitative indicators on business regulations and the
protection of property rights that can be compared across 185 economies. These regulations
affect eleven areas of the life of a business: starting a business, dealing with construction
permits, getting electricity, registering property, getting credit, protecting investors, paying
taxes, trading across borders, enforcing contracts, resolving insolvency and employing
workers. Based on the 2011 report, Greece was ranked 109th
among 183 countries, down
from the 80th
position in 2006. According to the report, among the most problematic factors
for doing business was the inefficient government bureaucracy, access to finance, policy
instability, tax regulations and corruption. In contrast, the latest report ranks Greece in the
72nd
position, again reversing the trend of the previous years.
The second indicator from the World Bank is the Worldwide Governance Indicators (WGI)
that reports aggregate and individual governance indicators for 215 economies over the
period 1996–2011, for six dimensions of governance: voice and accountability, political
stability and absence of violence, government effectiveness, regulatory quality, rule of law,
and control of corruption. Complementary to the “Doing Business” report, these governance
indicators in Figure 5 again highlight the overall poor (the index is in percentile rank terms
from 0 to 100, with higher values corresponding to better outcomes) regulatory framework in
Greece and its decline over time (Regulatory quality ranking), as well as the decreasing
government effectiveness and particularly the low and declining ranking in corruption and the
general rule of law compared to the average from the other OECD countries.
Figure 5: The World Bank – Worldwide Governance Indicators
![Page 8: Product Market Regulation and Competitiveness: Towards a ... 21 April 2015 final.pdfproduct market seem to exert an independent negative effect on the economy’s overall efficiency.](https://reader033.fdocuments.in/reader033/viewer/2022051912/6002e064dc2b4b121d56b9af/html5/thumbnails/8.jpg)
8
Source: World Bank, Worldwide Governance Indicators.
Last, but not least, every five years the OECD publishes the Product Market Regulation
(PMR) indicator that again tries to quantify the quality and restrictiveness of the product
market regulation, various barriers to entrepreneurship and investment, as well as the amount
of state control in the economy. Figure 6 provides the respective scores for the last four
reports. The picture that emerges from this indicator as to the relative position of Greece is no
different from the previous evidence: heavy product market regulation, high state control and
large barriers to entrepreneurship with Greece lagging behind the OECD average, but
improving over time.
![Page 9: Product Market Regulation and Competitiveness: Towards a ... 21 April 2015 final.pdfproduct market seem to exert an independent negative effect on the economy’s overall efficiency.](https://reader033.fdocuments.in/reader033/viewer/2022051912/6002e064dc2b4b121d56b9af/html5/thumbnails/9.jpg)
9
Figure 6: OECD – Product Market Regulation index
Source: OECD, Product Market Regulation Database
Therefore, the consistent picture that emerges from all these indicators regarding the state of
the Greek economy before the crisis is very clear: high barriers of entry, heavy state control,
inefficient regulatory framework and very restrictive product market regulation, all of which
naturally lead to less competition in product markets and the steady decline of Greece’s
overall competitiveness. In the more recent years since the beginning of the crisis, reforms
and changes in the legislation seem to be reversing these negative trends and Greece appears
to be gradually closing the gap with the other advanced countries. However, important
differences remain that indicate that the process of deregulation to reinvigorate the
competition in the internal product markets still has a long way to go.
3. Taking a Closer Look at the Mis-regulation of the Greek Product Markets
The critical element missing from Greek product markets is the lack of effective competition.
We believe that the main reasons behind this phenomenon are: (i) excessive and low quality
regulation of a very large number of markets resulting in a very high regulatory burden,
protected product markets and “closed” professions and (ii) inefficient implementation of
regulation, in those markets where this is necessary, in the form of competition law and
![Page 10: Product Market Regulation and Competitiveness: Towards a ... 21 April 2015 final.pdfproduct market seem to exert an independent negative effect on the economy’s overall efficiency.](https://reader033.fdocuments.in/reader033/viewer/2022051912/6002e064dc2b4b121d56b9af/html5/thumbnails/10.jpg)
10
sectoral regulation, in order to improve market outcomes and social welfare.10
Excessive and
low quality regulation are the most important factors in restricting the intensity of
competition, hindering the growth of entrepreneurship and innovation, and deterring direct
foreign as well as domestic investment. Together with the inefficient implementation of
competition law and sectoral regulation, these are among the most important structural
problems that the Greek economy has to face in order to improve its competitiveness and to
be able to return to a high and sustainable growth rate. We briefly examine each of these
factors below, before making our policy recommendations.
(i) Excessive and low quality regulation in many markets
To get an idea of the multitude of laws produced by the Greek state we refer to a recent
OECD Report (2011) «Functional Review of the Central Administration in Greece».
According to this report the generation of regulations between 1995 and 2005 has been
exceptionally high. More precisely, there have been 3,430 laws, 20,580 presidential decrees,
114,905 ministerial decisions, 24,010 regional decisions and 8,575 decisions of municipal
authorities. All these total 171,500 new regulations or about 5,716 regulations per year (or
477 regulations per month) on average. Even if we do not take into account the regional
decisions and the regulations by municipal authorities, the number of regulations per year is
4,630 on average (or 386 regulations per month11
). Based on an OECD (2009a) cross-country
comparison study, not only there was a significant increase in new primary laws between
1997 and 2007, but Greece was the country with the highest new subordinate regulations
across all OECD countries.
Moreover, the regulations are often of very low quality due to the absence of the necessary
institutions and mechanisms which ensure that the regulations are necessary, proportional to
the problem for the solution of which they were created, and adopted after having assessed
their effects. As discussed in the previous section, Greece is in a very low position in all
indicators of all international organizations, which attempt to measure the quality of the
10 An equally important reason is also the fact that the state has a large presence in various product markets
through state-owned (or controlled) firms. The realisation that in most of these markets there was no need for
government intervention and that the state was, in fact, an inefficient producer that was distorting healthy
competition has led to a large scale reform and privatisation programme. We do not expand on this aspect, as
this topic is covered in another chapter of the book. 11
To be fair, not all these decisions are strictly speaking new regulations, since a number of those are simply
administrative. However, to the extent that the administrative related decisions stay roughly constant over time,
the sheer number of these decisions provides a very clear picture of the excessive administrative burden.
![Page 11: Product Market Regulation and Competitiveness: Towards a ... 21 April 2015 final.pdfproduct market seem to exert an independent negative effect on the economy’s overall efficiency.](https://reader033.fdocuments.in/reader033/viewer/2022051912/6002e064dc2b4b121d56b9af/html5/thumbnails/11.jpg)
11
various aspects and dimensions of the regulatory environment and, more importantly, this
position was continually worsening during the last 10 years.
More specifically, the main cause of this situation is that in Greece there is no institutional
framework for the assessment of regulations which allocates responsibilities to suitably
organized and staffed institutions to examine existing regulations and abolish those that are
not necessary or create high social cost and to forbid the creation of new regulations which
are expected to yield this result. There is neither an authority for the Assessment of the
Effects of Regulations (AAER) nor any other institution or mechanism. The Law 4048/12 of
2012, aimed to improve the regulatory governance, proposed principles and procedures of
good regulation, but was never implemented and in any case did not propose the appropriate
organizational and decision-making structures and processes that are necessary to address the
problem in Greece, and was not concerned with the reduction of the existing (huge)
regulatory burden.
The details of the institutional framework for the assessment of the effects of regulations and
the institutional structure of the AAER vary from country to country. But in most/all
advanced countries there is a central unit or organization with the above key responsibilities.
In Australia, for example, a very important role is played by the independent Productivity
Commission. In the UK, the responsibility lies with a sub-group of the Cabinet together with
the independent Regulatory Policy Committee. In the Netherlands, the Advisory Board on
Regulatory Burden explicitly aims at reducing the regulatory burden as a key government
priority in order to improve the performance of the economy. In the U.S., with the most
extensive experience in assessing the effects of regulation, the Small Business Administration
Office of Advocacy has the powers of an AAER and reports directly to the President. We
return with a proposal for the Greek case based on international experience in section 4
below.
As a result of this excessive regulation, many product and service markets face distortions,
and/or unjustified protection from either internal or foreign competition, to the detriment of
Greek consumers and Greece’s international competitiveness. Conveying the depth and
breadth of the various rules and regulations applied to various product markets, as well as the
large degree of market fragmentation is truly daunting; however, we provide below various
case studies to illustrate this point. The list will be by no means exhaustive, just indicative.
![Page 12: Product Market Regulation and Competitiveness: Towards a ... 21 April 2015 final.pdfproduct market seem to exert an independent negative effect on the economy’s overall efficiency.](https://reader033.fdocuments.in/reader033/viewer/2022051912/6002e064dc2b4b121d56b9af/html5/thumbnails/12.jpg)
12
Some case studies
Case Study 1: Trucks
The road freight transport sector, which accounts for 98% of transportation of goods by land,
had until recently one of the strictest regulatory frameworks in the OECD (OECD, 2001).
The government granted licenses to haulage operators (license for vehicle for public use) and
set minimum tariffs. No new licenses have been issued since the early 1970s which meant
that the only way to enter the sector was to purchase an existing license at a significant cost in
the secondary market, with prices varying between EUR 30,000 and EUR 300,000. The
restrictiveness of the legal framework for road freight resulted in high rents for incumbents,
inhibited competition, constrained the development of outsourcing of trucking services and
resulted in higher prices for almost all consumer goods. A new law in 2010, and subsequent
important amendments, liberalized the road freight transport sector; it also resulted in major
strikes by existing licence holders that brought the country to a halt. Few new licenses had
been issued due to the ensuing deep recession and large demand reduction; despite the new
laws the market is adjusting very slowly.
Case Study 2: Maximum markup regulation for fruits and vegetables
Fresh fruits and vegetables were sold under a maximum markup regulation, imposed both at
the wholesale and retail level. The typical government justification for imposing maximum
markups is consumer protection from the effects of excessive market power. In oligopolistic
markets, the main argument in favor of maximum markups is to trim the right tail of the
markup distribution, hence limiting the most extreme instances of exploitation of market
power. This is expected to put downward pressure on retail prices, without affecting firms
with smaller markups (e.g., a competitive fringe), though it entails a risk of creating a focal
point for potential collusion.
In June 2011 this regulation was hastily cancelled. Interestingly enough five fruit and
vegetable products (apples, lemons, mandarins, oranges, and pears) were excluded from this
regulation. Genakos et al. (2014) collected retail and wholesale data and compare prices of
products affected by regulation before and after the policy change and use the unregulated
products as a control group. They find that abolishing markup regulation led to 6 to 9 percent
lower average retail prices, which amounts to EURO 256 million per year aggregate savings
for Greek consumers. They provide consistent evidence demonstrating that markup ceilings
provided a focal point for collusion among wholesalers. Therefore, in this case deregulation
![Page 13: Product Market Regulation and Competitiveness: Towards a ... 21 April 2015 final.pdfproduct market seem to exert an independent negative effect on the economy’s overall efficiency.](https://reader033.fdocuments.in/reader033/viewer/2022051912/6002e064dc2b4b121d56b9af/html5/thumbnails/13.jpg)
13
actually benefited consumers, even if the regulation in place was actually meant to protect
consumers.
Case Study 3: “Fresh” pasteurised milk
Greek legislation allows only pasteurized milk with a shelf life of up to five days to use the
word “fresh milk” on their packaging. Greece is the only EU country that regulates the shelf
life of milk in this way; EU regulation leaves the shelf life duration at the discretion of the
manufacturer provided that they abide by all relevant regulations regarding the safety of the
product. Due to the limited shelf life, importing “fresh” milk from other EU countries is
impossible. This protective environment means that there is limited competitive pressure at
all stages of milk production and as a result, Greek consumers are paying one of the highest
retail prices for “fresh” pasteurized milk across the EU (34% higher prices on average). Also,
consumers on (most) islands and remote mountainous villages do not have access to “fresh”
milk and small producers in northern Greece cannot reach the large urban areas. Moreover,
the five-day restriction creates an inefficient and costly system of collecting and returning
expired products from retailers, which amounts to 5% of the final retail price of “fresh”
pasteurized milk. Although the recent OECD (2014) report recommended abolishing the five-
day restriction, the final version of the law that was passed in 2014 only increased it from 5 to
7 days, as a result of strong opposition from local producers and the industry. Following this
change, the effects on the market so far have been negligible, as the threat of milk imports
from major EU producing countries is not a credible constraining factor and hence there is no
pressure to local producers to modernize and improve their productivity.
Case Study 4: Bread and Bake off
Until 1992, the price of a loaf of bread was regulated by the state. Since then, the government
lifted all geographic restrictions regarding the establishment of a new bakery and allowed the
sale of bread and bread products from other retail channels (non-bakeries, such as super
markets). However, licencing requirements to establish a bake off installation (a small oven
to bake ready-made bread rolls) inside a super market were very restrictive. Essentially, the
bureaucratic procedure to install a small oven was equivalent to an industrial installation. As
a result, most super markets could not sell bread and despite the “liberalization”, supply was
practically restricted only to bakeries. In 2004, the EU court condemned Greece for the very
restrictive regulation of the bake off. Subsequent changes in 2007 and 2010 made the law less
restrictive, but the requirements still do not allow every super market to offer bake off
![Page 14: Product Market Regulation and Competitiveness: Towards a ... 21 April 2015 final.pdfproduct market seem to exert an independent negative effect on the economy’s overall efficiency.](https://reader033.fdocuments.in/reader033/viewer/2022051912/6002e064dc2b4b121d56b9af/html5/thumbnails/14.jpg)
14
services (minimum space and separation requirements etc.). The current law (2013) has eased
the restrictions, setting the same sanitary standards for every retail shop that wants to bake
and sell bread. The bakery sector nowadays is one of the most vibrant retail sectors.
Case Study 5: Stevedores and Lawyers
A variety of restrictions also applied to services. The government regulates various aspects of
many professions, such as setting the number of licenses, geographical restrictions, or
compulsory minimum fees etc. It is instructive to see how such regulations pertaining to two
professional activities at opposite ends of the educational spectrum function. In Greece
stevedores are commonly used for land and port operations (loading and unloading truck or
boats). Their fees were fixed by law (hence no price competition), and the Stevedore Work
Regulatory Committee acted as licensing authority, which meant that the incentives to allow
more workers into their profession were severely distorted. Instances of companies paying
fees to the Committee, despite not using their services, have not been unheard of.
New legislation in 2013 removed legal restrictions that existed in the past concerning the
determination of the number of stevedores in cities and ports, the number of stevedoring
operations contractors in each port, the setting of the remunerations of stevedores, as well as
geographical restrictions in practicing the profession. However, insufficient monitoring by
authorities means that the abolition of the previously existing restrictions and the
implementation of the new market rules set by the recently passed legislation is still an open
question. This is also one of the main reasons for the low level of recorded entries to the
profession of stevedore after the reforms (IOBE report, 2014b).
Lawyers also had a variety of restrictions. First, there were geographic restrictions of
practising law within Greece. If a lawyer was registered with the Bar association in Athens,
he/she could not appear in court in Thessaloniki or elsewhere in Greece. Second, there were
mandatory minimum payments and fixed payment scales for legal services. Third, there was
also mandatory involvement of a lawyer for real estate transactions and a mandatory payment
scale according to the value of the estate. All these restrictions meant legal services were not
competitive and their cost was unnecessarily high. Recent changes in the law (2013) meant
that the profession of lawyers has undergone many basic regulatory reforms that favor its
liberalization. However, there remain barriers to the exercise of the profession, with most of
them, but not all, closely related to fees and payments to the Bar Association (IOBE report,
2014c).
![Page 15: Product Market Regulation and Competitiveness: Towards a ... 21 April 2015 final.pdfproduct market seem to exert an independent negative effect on the economy’s overall efficiency.](https://reader033.fdocuments.in/reader033/viewer/2022051912/6002e064dc2b4b121d56b9af/html5/thumbnails/15.jpg)
15
Case Study 6: Advertising fee
Greece is the only OECD country that imposes a very high tax on advertising: 20% for all
advertisements in the press and 21.5% for TV and radio. While from an economic perspective
this regulation acts as a tax on advertising, the term “advertising fee” is more appropriate
since the revenues are used to fund the health benefits and the pension fund of the employees
in media (newspapers, magazines, TV and radio stations) substituting their employer
contributions.
Imposing such a high fee means that the marginal cost of advertising is also very high. As a
consequence advertising expenditure will be low, hurting both consumers (less information,
less competition) and firms, since it acts as a tax on their business inputs and distorts their
optimal input mix. In addition, increasing the cost of advertising hurts advertising as a
business activity. Lower advertising expenditure means reduced revenue and fewer jobs for
the firms in the advertising business. Especially since the cost of tax collection falls to the
advertising agencies, as it is the case in Greece, the considerable resources that they have to
devote leads to higher operating costs, which means that small advertising agencies cannot
profitably survive, leading to higher concentration in this market. Finally, the higher cost of
advertising means extra cost to the producers of goods and services that will be, partly or as a
whole, incorporated into the final consumer prices. Based on the OECD (2014) report,
abolishing this fee is estimated to increase advertising expenditure by 35%, creating more
than 800 new jobs in the advertising business alone, while also to lower final prices by 1%,
which amounts to an estimated EUR 1.8 billion annual consumer benefit. So far, no changes
in the relevant legislation have taken place.
As this collection of case studies demonstrates, it is difficult to isolate a few common factors
that could easily be addressed in liberalizing product markets. Perhaps the only common
message from these cases is that product market deregulation in Greece is a long and
painstaking road. Changing the primary legislation is just the first step and the whole
deregulation procedure requires careful monitoring and continuous assessment. Just as we
need careful ex-ante argumentation for policy reforms, we also need to create a strong culture
of ex-post policy evaluations12
to learn from previous successes and mistakes.
12 Two excellent examples are the recent ex-post policy evaluations for environmental licensing and
transportation from the Hellenic Federation of Enterprises.
![Page 16: Product Market Regulation and Competitiveness: Towards a ... 21 April 2015 final.pdfproduct market seem to exert an independent negative effect on the economy’s overall efficiency.](https://reader033.fdocuments.in/reader033/viewer/2022051912/6002e064dc2b4b121d56b9af/html5/thumbnails/16.jpg)
16
(ii) Inefficient implementation of regulation, in the form of Competition Law and
Sectoral Regulation of network industries
One of the key pillars for a competitive environment and one where the government has a
clear role to play, is an effective legislative and institutional framework for dealing with cases
where regulation is necessary for efficient market outcomes. Of the two cases we have in
mind here, the first concerns Competition Policy and the other is related to the regulation of
network markets with Natural Monopoly features (especially Telecommunications and
Energy). In this section we concentrate mainly on Competition Policy while the regulation of
the telecoms and energy sectors is discussed in more detail in section 5.
First, it should be noticed that the legal framework for the protection of free competition in
Greece has been largely modernized through a series of amendments13
of Competition Law,
following the standards of the European legislation. However, the quality of enforcement is
very low.
Quality should be assessed on the basis of the effectiveness of the policy to deter anti-
competitive practices by firms and organizations in the private and public sector, to identify a
large part of such practices that are not deterred, and to minimize decision errors in cases
where potentially anti-competitive practices are identified and are investigated. As stressed
by Buccirossi et.al (2011), various features of the legal and the institutional framework affect
the effectiveness of enforcement. Greece is behind in all of these features. In particular:
• Independence of the Hellenic Competition Commission (henceforth, HCC) and the
sectoral regulatory authorities from political interference, especially as regards to
investigations and decisions directly affecting specific markets and firms.
Traditionally, the “political culture” in Greece, and this is true across the spectrum of
political parties, favors intervention in the work of the “independent” authorities. In
order to improve conditions towards real independence, the president and the
members of the authorities should be selected in all cases from multi-party
committees of the parliament in which the government (or the ruling party or parties)
is involved but doesn’t hold the majority.
• Absence of a specialized appeals court to examine the decisions of the authorities in
the cases of appeals – modeled on the standards of the Competition Appeals Tribunal
13 The first major amendment took place in 1995 and this was followed by amendments in 2000, 2005 and 2011.
![Page 17: Product Market Regulation and Competitiveness: Towards a ... 21 April 2015 final.pdfproduct market seem to exert an independent negative effect on the economy’s overall efficiency.](https://reader033.fdocuments.in/reader033/viewer/2022051912/6002e064dc2b4b121d56b9af/html5/thumbnails/17.jpg)
17
of England, which many other European countries have followed and in which there
must be participation, as in England, France and other countries, of economists. This
is of great importance so as to be really able to (re)examine cases on matters of
substance and not simply investigate the propriety of the legal procedures followed.
• Low quality decisions as a result of the use of approaches, especially in recent years,
for the evaluation of potential anti-competitive practices, that do not rely on the
examination of the effects or the impact of the specific practices on social welfare14
(especially on consumer welfare – economics or effects-based legal standards) but
follow a standard formalistic assessment of the facts on the basis of (per se15
) legal
rules.16
This approach17
not only leads to increased decision errors but also has
negative effects on welfare by deterring firms from undertaking practices which
improve welfare, focusing on the effects of the examined practices on the
“competitors” rather than on “competition and consumer welfare”.
• Insufficient resources, in terms of quality and quantity, and outdated composition of
scientific personnel. In relation to the latter, it is worth-mentioning that the HCC is
quite unique in the EU in that it has not yet filled the position of Chief Economist,
who should co-decide on cases examined by the Commission,18
and also in that in the
14 Using modern economic analysis of competition in oligopolistic markets. To give an example in a recent case
concerning abuse of dominance by a major multinational producer in the food industry (Pepsico / Tasty) the
firm was condemned for abusive behavior essentially on the basis of the HCC finding (strongly disputed by the
defendant) of a high market share and of intent and without any attempt to produce a theory of harm for the case
linking alleged behavior to detrimental effects on competition and consumer welfare. Indeed over the period of
the alleged practices the market share of the firm (irrespective of market definition) was not strengthened or was
declining and its prices were falling in the presence of increasing costs of raw materials. 15
Object-based. 16
Effects-based (or economics-based) assessment procedures are used for many years in the U.S., Canada,
Australia, England, Ireland (the term also used is rule-of-reason) and more recently they have been adopted and
are used by the European Commission and many EU countries. It is generally considered that such procedures
lead to fewer type-I and type-II decision errors by the authorities and they also have beneficial deterrent effects
(see also Katsoulacos and Ulph, 2009). The importance of relying on the predictions of sound economic analysis
has often been stressed by OECD. For example, in its recent report evaluating the Russian competition authority
that has in the last few years become the largest authority in the world, the OECD makes as its top
recommendation that the authority must “improve the quality of economic analysis and its application to
competition enforcement throughout the competition authority and in support of improved judicial decisions”
(OECD, 2013) 17
It is worth noting that this kind of legal formalism is typical of the approach followed more generally by the
public administration in Greece and, as stated in a recent report by the OECD (2011), it is one of its most
negative features and in many cases it is responsible for the enormous corruption problem. 18
It is one of the most important positions in the DG Comp as in most European Authorities and today it exists
as an institution in many authorities even at the less developed countries. The omnipotence of legal experts that
characterizes the implementation of Competition Policy in Greece is also evident by the fact that there has never
been a President of the Commission who is an economist (unlike many other European countries). The result of
these phenomena is that important issues, which are basically economic, are examined and evaluated by legal
![Page 18: Product Market Regulation and Competitiveness: Towards a ... 21 April 2015 final.pdfproduct market seem to exert an independent negative effect on the economy’s overall efficiency.](https://reader033.fdocuments.in/reader033/viewer/2022051912/6002e064dc2b4b121d56b9af/html5/thumbnails/18.jpg)
18
last ten years none of the few Commission members (who are not legal experts) is
specialized in the economics of competition.19
The scarcity of expert/specialist
resources in quality and quantity is also characteristic of the sectoral regulatory
authorities of the telecom and (to a lesser extent) energy sectors (EETT and RAE).
• Inefficiency in terms of identifying infringements and long delays in investigating
cases and reaching decisions. Commentators on economic policy issues frequently
refer to the Commission's inability to effectively address cases concerning likely
collusion (i.e. cartels)20
. And there are cases where firms wait for a complaint against
them to be investigated for more than 10 years. The consequences of the above are
evidenced by Greece’s performance in the relevant index of the World Economic
Forum. As noted in Section 2 above, Greece position in WEF’s index of the
effectiveness of anti-monopoly policy has slipped from the 36th place in 2006 to the
83rd
place in 201121
.
• As in many other areas of the public administration there are still overlapping
competences between the independent administrative authorities. The most important
one concerns the case of EETT which has powers for competition issues for the
telecommunications industry but there is no effective coordination with the HCC.
• Finally, the extremely important competitive neutrality principle is not used. The
Competition Commission has, to a large extent, not been treating organizations in the
wider public sector in the same way as firms in the private sector, by prohibiting
practices or proposing their amendment when they distort competition. This may
happen when public organizations act as suppliers or buyers in markets, or in public
procurement, for providing local government services, for providing information
services etc. On the other hand, it should be stressed that the Commission has
experts and the final decisions are based on legal experts’ opinions alone even when the recommendation of
economists point to different directions and conclusions. It should be noted that the position of a Chief
Economist in the HCC is allowed under the new (2011) competition law, but the position remains empty until
today. Finally, it should be stressed that these comments do not imply that we underrate the importance of the
group of economists in the Commission. What we argue is that there should have been more economists trained
at the highest (PhD) level, there should be more investment in human capital development through opportunities
for continuous training and that economists should be allowed greater influence in decision making. 19
Not including alternate members. 20
In one such case concerning an important industrial sector, a decision is being under consideration for about
six years. 21
Indeed, it ranked 92nd
, in the latest 2013-14 report – as shown also in Figure 3 in Section 2. Nevertheless it
should be noted that there are signs of an improvement in enforcement procedures in the last 2-3 of years with
efforts to reduce delays and handle an increasing number of cases.
![Page 19: Product Market Regulation and Competitiveness: Towards a ... 21 April 2015 final.pdfproduct market seem to exert an independent negative effect on the economy’s overall efficiency.](https://reader033.fdocuments.in/reader033/viewer/2022051912/6002e064dc2b4b121d56b9af/html5/thumbnails/19.jpg)
19
performed significantly better in recent years in terms of advocacy and outreach
activities and we return to this important dimension of its activities in the section that
follows.
4. Towards a National Competition and Competitiveness Policy: Key
Requirements
We believe that in order to deal with the problems from the mis-regulation of product
markets identified in the previous two sections, Greece should design and implement a
National Competition and Competitiveness Policy (henceforth, NCCP) plan.
The NCCP includes competition policy in the more narrow sense – that is competition law,
which condemns and deters business conduct or practices that weaken the real and/or the
potential competition – namely, various practices by dominant firms, cartels and some
horizontal and vertical mergers between firms. But the enactment of competition law is
certainly not enough in order to create conditions of effective market competition. Conditions
of effective market competition require a NCCP which should include and rely on the
following three components.
First, a modern and effective legislative and institutional framework for dealing with cases
where regulation is necessary in order to obtain satisfactory market outcomes. The NCCP
should focus both on competition policy and on regulation of network markets with natural
monopoly features (especially telecommunications and energy). As we discussed in the
previous section, the main issue here is not the legal framework itself, but the efficient (more
timely interventions, quicker and more open decision processes) and effective
implementation (effects-based approach; protection of competition, not competitors) of
regulation to the benefit of consumers.
Second, the NCCP should include an efficient policy for the adoption and control of
regulations. That is, to promote actions, policies and institutions so as to reduce the cost of
unnecessary and excessive regulation (that often also becomes the source of corruption) and
by repealing legislation to create conditions of easier market entry and exit. We return to this
in more detail below and propose a concrete action plan.
![Page 20: Product Market Regulation and Competitiveness: Towards a ... 21 April 2015 final.pdfproduct market seem to exert an independent negative effect on the economy’s overall efficiency.](https://reader033.fdocuments.in/reader033/viewer/2022051912/6002e064dc2b4b121d56b9af/html5/thumbnails/20.jpg)
20
Third, the NCCP must also cater for the development and enhancement of
competition advocacy, that is the study and promotion of the benefits of competition for
growth and social welfare, so that the competitive spirit and culture will permeate deeply the
Greek economy and society.
The absence of competition advocacy in our country has made the implementation of
other measures of NCCP especially difficult. An optimistic sign in this respect is that the
HCC has been very active in recent years in advocacy. The HCC’s advocacy and outreach
activities in the last three years according to Loukas (2014) “has revolved around four key
themes those of (a) liberalization of professional services (b) legislative distortions mostly
affecting retail and food supply chains (c) Greece’s Competition Assessment Project22
and (d)
the publication of competition compliance and awareness guides, primarily addressed to trade
associations, as well as procurement/contract awarding public authorities”. The structural
reforms, advocated by HCC in the context of these activities are, as we have stressed above,
and as Loukas (2014) also notes essential for Greece becoming competitive in international
markets and entering a sustainable growth path.
Policy for the Adoption and Control of Regulations
For designing and implementing a new comprehensive policy for the adoption and control of
regulations a strategic framework for improving the production of regulations and for
reducing the regulatory burden should be firstly defined and adopted. The framework should
set as a key strategic objective the elimination of all the avoidable cost of regulations and
bureaucracy by measures which:
- Remove existing regulations which, without being necessary, hamper growth
- Allow new regulations to be adopted only as a last resort
- Reduce the number of new regulations
- Improve the design and ex-post assessment quality of new regulations
- Reduce the cost for firms and citizens
- Improve the way in which regulations are implemented and monitored
22 An OECD-managed project, in partnership with the HCC, which aimed at identifying rules and regulations
that may hinder competition and prevent the proper functioning of markets (see, OECD 2014).
![Page 21: Product Market Regulation and Competitiveness: Towards a ... 21 April 2015 final.pdfproduct market seem to exert an independent negative effect on the economy’s overall efficiency.](https://reader033.fdocuments.in/reader033/viewer/2022051912/6002e064dc2b4b121d56b9af/html5/thumbnails/21.jpg)
21
Then, an organizational and decision-making structure should be established which has the
following key features23
:
The Executive Committee for Better Regulation (henceforth, ECBR) should be established as
a governmental committee that assists regulation-makers (in Ministries etc.) with new ideas
and tools on approaches that are alternatives to the adoption of new regulations - such as self-
regulatory solutions, solutions with less regulation (in which a great part of the
implementation burdens the firms), providing information and training services, tools of
financial incentives etc. The ECBR is assisted by the Strategic Group on Better Regulation
chaired by the non-executive chairman of the ECBR in which representatives of non-
governmental organizations or social partners (such as the Hellenic Federation of
Enterprises), of the workforce, consumers, and the government, participate24
.
When a Ministry wants to propose a new regulation, after having taken into account the
views and ideas of the ECBR, it should be obliged to undertake on its own or to commission
independent consultants to conduct a Regulatory Impact Assessment Study of the proposed
regulation and then to send the proposal along with the study to the ECBR and the Reducing
Regulation Committee, a Sub - Committee of the Cabinet. One of the main responsibilities of
ECBR should be to examine the proposal and the study, to ensure that the proposal is based
on high quality analysis and evidence and to advise the Reducing Regulation Committee on
whether the proposal should be implemented or amended or to be abandoned by the
competent Ministry. The evaluation of the proposal and the study of the ECBR should be
based on detailed instructions and recommendations issued in the first place by the ECBR.
The final decision concerning the adoption of the regulation will be taken by the Reducing
Regulation Committee. In England, for example, the ECBR - i.e. the Regulatory Policy
Committee - is from 2012 an independent non-executive public body funded by the Ministry
for Business Innovation and Skills.
23 Our proposal combines features of the existing British and the Australian institutional structures that are
empowered with the responsibility of controlling and potentially abolishing existing regulations and of
monitoring the adoption of new regulations to make sure that they are necessary and proportional to the need
that they are supposed to address. 24
The structure proposed in this paragraph and that immediately after, follows very closely the British model
that went through extensive review and reforms as late as 2012.
![Page 22: Product Market Regulation and Competitiveness: Towards a ... 21 April 2015 final.pdfproduct market seem to exert an independent negative effect on the economy’s overall efficiency.](https://reader033.fdocuments.in/reader033/viewer/2022051912/6002e064dc2b4b121d56b9af/html5/thumbnails/22.jpg)
22
We further suggest that the Greek ECBR will have powers which combine those of the
Regulatory Policy Committee in England with at least some powers of the Australian
Productivity Committee (and the eventual parallel abolishment of the existing Greek
Competitiveness Council). Specifically we propose that the Greek ECBR will also have the
following major responsibilities:
- Reduction of the existing regulatory burden by abolishing or modifying several
existing regulations based on specific objectives. Here, in order to have relatively
high chances of succeeding, it is necessary that the government will legislatively
commit to a detailed road map for the implementation of reforms in the regulatory
framework with clear deadlines, systematic monitoring and ex-post assessment of
the implementation progress, and with a strong communications strategy.
- Monitoring of the performance of the government departments through an Annual
Report which provides information on the effectiveness of implementing the
program of improving the regulatory environment and of other essential
government services such as those of justice, education and health.
- The ECBR should also act as a Complaint Office for non-observance of the
competitive neutrality principle - which we mentioned in Section 2 above. In this
way a mechanism is institutionalized for receiving and evaluating complaints and
providing independent advice to the Reducing Regulation Commission and, as a
result, to the Cabinet in cases where the independent administrative authorities or
other government departments act in a way which is incompatible with the
competitive neutrality principle.
Together with the ECBR, the following two rules should also be adopted: the one-in, one-out
rule and sunset clauses. The purpose of the One-in, One-out (OIOO) rule is that no new
primary or secondary legislation which involves cost for firms or organizations be enacted,
unless its necessity is fully justified, without the removal of an existing regulation with
equivalent value. The regulations required for the implementation of EU obligations would
be outside the scope of the OIOO rule, except for gold-plating regulatory obligations from the
EU that would require the removal of an equivalent regulation. The introduction of the OIOO
rule means that policy makers should take into account the net cost for firms and
organizations of every new regulation and will have to seek a corresponding regulatory
measure which can be removed early in the policy-making process.
![Page 23: Product Market Regulation and Competitiveness: Towards a ... 21 April 2015 final.pdfproduct market seem to exert an independent negative effect on the economy’s overall efficiency.](https://reader033.fdocuments.in/reader033/viewer/2022051912/6002e064dc2b4b121d56b9af/html5/thumbnails/23.jpg)
23
Sunset clauses (provisions) are a legal tool which provides that a law or a regulation expires
after a certain period of time. At the end of its predetermined life time a regulation is either
abolished or updated. The sunset clauses will force the government to continually assess and
justify the burden of a regulation, providing opportunities for improvements in the legislation.
In cases where a Ministry does not wish to end a regulation, it has to renew or modernize it.
Sunset clauses are used to ensure that the regulations which are no longer needed are deleted
and that the regulations still needed are updated and improved where necessary. They also
help in creating deregulation measures which are needed in the context of the One-in, One-
out rule.
5. The Regulation of Network Industries: two instructive case studies - Telecoms
vs. Energy
This section provides a description and comparison of recent developments, including
regulatory developments and of the current status, in telecommunications and energy. In
addition to the importance of these two industries/sectors for supporting the development of
key sectors of the Greek economy (eg tourism, competitiveness of energy intensive sectors)
and the efficiency of the delivery of public sector services, we have chosen these industries as
they provide an interesting contrast of two regulatory paradigms: the largely successful
implementation in Greece of a more prescriptive EU wide liberalization/regulatory model in
telecommunications, with the application of a much more discretionary, and as a result
uncertain, deregulatory model in the energy sector.
5.1 Telecoms – holding back economic growth?
The rapid evolution of technologies has shaken up the telecommunications sector during the
last two decades. Telecommunications services were traditionally delivered to households
and businesses through fixed (wireline) technologies, by vertically integrated, often
government owned, and largely monopoly operators. This was necessary as the important
objective of achieve nationwide delivery of communications services required substantial
investments to roll out national wireline infrastructures. These involved significant fixed
costs, giving the industry natural monopoly characteristics. The arrival of mobile (wireless)
technologies in the late 1980s, and their evolution, has transformed the sector with most
consumers using both fixed and mobile technologies to access and consume communications
services – including both traditional voice services, and internet services. Unlike
![Page 24: Product Market Regulation and Competitiveness: Towards a ... 21 April 2015 final.pdfproduct market seem to exert an independent negative effect on the economy’s overall efficiency.](https://reader033.fdocuments.in/reader033/viewer/2022051912/6002e064dc2b4b121d56b9af/html5/thumbnails/24.jpg)
24
fixed/wireline markets, mobile markets have evolved into competitive markets, with typically
3-4 mobile operators, reflecting the rapid growth in demand for mobile communications
services combined with relatively lower costs of rolling out national infrastructures.
The central regulatory tasks have been to (a) enable the development of sustainable
competition in national fixed telecommunications markets, which in Europe was done
through a model of encouraging entry based on providing access to the non-contestable parts
of the supply chain (ie the access network of the vertically integrated incumbents), and (b)
facilitate the national/local adoption of both fixed and mobile technological innovation and
related services. In light of the rapid and ongoing growth in the internet economy, and the
associated economic and productivity improvements, a key policy objective for the
telecommunications sector in all countries is how to facilitate and encourage the development
of higher speed/higher capacity (broadband) internet access.
In the case of Greece, there was some delay, with liberalization of Greece’s fixed
telecommunications market starting after other EU countries. In terms of technology, Greece
has also been slow in adopting the latest technologies: high-speed fixed broadband25
services
were only launched in November 2012 after a long period of regulatory review; and Greece
was the last EU country to clear the spectrum band necessary for use for high-speed mobile
broadband services, and one of the last countries in the EU to award the spectrum in 2014.
Despite the delays, liberalization has been associated with improved outcomes for consumers.
New firms have entered the fixed line market, and competitive markets for the provision of
mobile services developed during the 1990s and early 2000s. Whilst technological evolution
including the technological fusion between IT and Telecoms has been a key driver of
improved efficiency in the telecommunications sector26
, competition between mobile network
operators has played an important role in passing such gains to consumers27
. Mobile sector
25 Called VDSL (Very-high-bit-rate Digital Subscriber Line).
26 In a recent study for the GSMA, “Assessing the case for Single Wholesale Networks in Mobile
Communications”, September 2014, recent technological advances through mobile spectrum efficiency were
estimated to amount to a c. 25% annual increase in the capacity available. 27
In a recent study for the GSMA, ‘Assessing the case for Single Wholesale Networks in Mobile
Communications’, September 2014, it was estimated that competition between mobile networks resulted in 3G
take-up being 17% higher than in countries where mobile services were offered monopolistically.
![Page 25: Product Market Regulation and Competitiveness: Towards a ... 21 April 2015 final.pdfproduct market seem to exert an independent negative effect on the economy’s overall efficiency.](https://reader033.fdocuments.in/reader033/viewer/2022051912/6002e064dc2b4b121d56b9af/html5/thumbnails/25.jpg)
25
prices in Greece have declined by 31% between 1999 and 2010 compared to a 43% increase
in consumer price inflation.28
Despite the fact that telecommunications sector, overall, is active with competition in the
provision of both fixed and mobile services, the development of broadband infrastructures
and services in Greece lags other countries. Broadband take-up in Greece has been slow, and
ultra high-speed broadband take-up very low. The relatively low take up of basic broadband
services in particular has implications for the productive capacity of the Greek economy, as
broadband is considered to be a potentially important enabler of wider economic growth and
facilitator for the achievement of efficiency and productivity improvements.29
This section
therefore focusses on the development of broadband in Greece. We start by considering the
current state of the broadband sector, followed by the consideration of a short term policy
proposal to encourage the take-up of (basic) broadband. We then consider longer term policy
options.
5.1.1 The Greek broadband sector
Greece’s (basic) broadband penetration rate has also persistently lagged the penetration rate
in the EU30
: within Western Europe, Greece held in 2013 the lowest level of broadband take-
up, with a household penetration rate of 55%, against an EU average of 76% in 2013.31
The
situation is similar in terms of mobile broadband take-up32
: Greece’s penetration was the 2nd
lowest in the EU at 38% compared to more than 60% EU average.
Greece’s relative performance in relation to the EU could reflect its lower income. Based on
econometric analysis that controlled for relative income levels (in terms of GDP/capita), as
well as other factors that could affect the take-up of broadband33
(population density,
urbanisation and educational levels), Greece also lags in the penetration and broadband
speeds compared to what would be expected given its level of income, etc. Figure 7 below
28 Source: AUEB, Department of Management Science and Technology and ICAP report.
29 OECD 2011, and references therein ITU, 2012.
30 A review of the factors that are hindering wider use of broadband among individuals, firms and government
can be found in a recent IOBE study (C.Troulos, E.Demian, A.Tsakanikas, ‘Making the Internet Thrive in
Greece’, IOBE, December 2012). 31
European Commission Digital Agenda Scoreboard 2014, Key indicators. 32
European Commission Digital Agenda Scoreboard 2014, Key indicators 33
Frontier Economics, 2015
![Page 26: Product Market Regulation and Competitiveness: Towards a ... 21 April 2015 final.pdfproduct market seem to exert an independent negative effect on the economy’s overall efficiency.](https://reader033.fdocuments.in/reader033/viewer/2022051912/6002e064dc2b4b121d56b9af/html5/thumbnails/26.jpg)
26
sets out the actual and expected take up of fixed broadband in Greece - the gap between
actual and expected levels has averaged c. 15 percentage points since 2009.
Figure 7: Fixed (basic) broadband penetration, actual and expected
Source: European Commission and Frontier Economics analysis
In terms of prices of fixed broadband services, the evidence suggests that prices in Greece are
at the EU average for broadband services of 12-30 Mbps, but are above the EU average for
superfast broadband services (30-100 Mbps).34
5.1.2 Greece’s broadband performance could affect its economic performance
The relatively low take up of broadband services in Greece may affect the country’s growth.
There has been a significant amount of research on the relationship between broadband
diffusion and economic growth. The consensus view is that the evidence is consistent with
broadband take-up having a positive impact on economic growth through35
:
1. Better speed, accessibility and quality of information flows,
2. Enhancing business efficiency and management,
3. Increasing market transparency and reducing barriers to entry, and
4. Allowing a faster diffusion of innovation.
34 European Commission, Scoreboard 2014 - Trends in European broadband markets 2014, slide 26.
35 See Czernich et. al. (2011); Koutroumpis, P., (2009); Qiang, C., and Rossotto, C (2009).
0%
10%
20%
30%
40%
50%
60%
70%
80%
2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013
Actual take-up in Greece Expected take-up in Greece
![Page 27: Product Market Regulation and Competitiveness: Towards a ... 21 April 2015 final.pdfproduct market seem to exert an independent negative effect on the economy’s overall efficiency.](https://reader033.fdocuments.in/reader033/viewer/2022051912/6002e064dc2b4b121d56b9af/html5/thumbnails/27.jpg)
27
A more recent study summarising the research on the relationship between broadband and
economic growth36
has also noted that there was evidence of a so called ‘critical mass’ effect:
the impact of broadband take-up on GDP growth exhibiting, at least over a range, increasing
returns. The same study found that broadband has a higher productivity impact on sectors
with relatively higher transaction costs (such as financial services), or high labour intensity,
such as tourism. In terms of empirical evidence, three studies have sought to estimate the
magnitude of the effect that broadband penetration has on economic output. Thus, Czernich
et al. (2011) estimated that a 10% increase in broadband penetration led to an increase of 0.9-
1.5 percentage points to the per capita GDP growth rates. Qiang and Rossotto (2009) estimate
that a 10% increase in broadband penetration adds 1.21 percentage points of GDP growth in
high-income countries, and 1.38 percentage points in middle to low income countries.
Koutroumpis (2009) finds that a 10% increase in broadband penetration is associated with a
0.25 percentage increase in GDP growth37
. The available evidence indicates therefore that a
growth in broadband penetration could play a significant role in contributing to economic
growth.
5.1.3 Short-term policy considerations: stimulating broadband take-up in Greece
through a tax policy
Governments have considered a range of policies to stimulate and/or promote the growth of
broadband take-up,38
with the focus recently in developed economies on the promotion of
higher speed broadband take-up. As indicated earlier however, Greece lags significantly
behind in terms of basic broadband take-up. Given the link between economic growth and
broadband take up, this could be significantly constraining Greece’s economic growth.
The priority for policy makers should be to consider options to stimulate the take-up of basic
broadband services to levels at least as high as the EU average. As broadband has the
36 See ITU (2012).
37 These estimates are from the average level of broadband penetration in the sample of the countries included in
the analysis. As the studies cover a number of years when broadband penetration was growing, the average
would be expected to be lower than the level of broadband penetration in Greece. 38
Section 7 of the ITU study provides a good description. Greece has also adopted recently a policy under the
EU funded programme of digital Αλληλεγγύη – however eligibility was limited (up to 290,000 households), and
was of limited duration (one year).
![Page 28: Product Market Regulation and Competitiveness: Towards a ... 21 April 2015 final.pdfproduct market seem to exert an independent negative effect on the economy’s overall efficiency.](https://reader033.fdocuments.in/reader033/viewer/2022051912/6002e064dc2b4b121d56b9af/html5/thumbnails/28.jpg)
28
characteristics of an experience good, a short term policy to stimulate broadband take up
could also have longer term implications on the level of broadband penetration.39
The main instrument to stimulate demand growth in the short-term is price.40
We therefore
assess a taxation policy in relation to the prices of broadband services, by considering in this
section the impact and cost of a reduction in VAT on broadband services from the standard
rate of 23% to 13%. We model a number of effects of a VAT reduction to estimate the net
cost of the policy:
• take up of broadband will increase41
;
• VAT revenues will decline42
;
• the increase in broadband could have wider impacts on the productive capacity of
broadband services43
; which increases output and hence taxation revenues.
Table 1 below sets out the impact44
of these factors over a three year period. The scenario in
which the policy is directed only at new subscribers is, as expected, more efficient, with a
higher increase in tax take.
39 As consumers and SMEs experience the benefits of broadband (and upgrade their computing and other
technologies to accommodate services which require higher bandwidth), then they may have a higher demand
for broadband after initially experiencing it. Moreover they may be more likely to switch to higher speed
broadband services once they have experienced the benefits they can get from the use of basic broadband
services. 40
Both price and non-price factors, such as computer literacy, availability of information/services, availability
of content are expected to affect the demand for broadband (see ITU, 2012, section 7.5) and C.Troulos,
E.Demian, A.Tsakanikas, ‘Making the Internet Thrive in Greece’, IOBE, December 2012. Policies to stimulate
demand through the development of a number of non-price factors are by their nature longer term in terms of
their impact. 41
We have based our estimates of own price elasticity of demand on the mid-point of two relatively recent
estimates. We have assumed an elasticity of -0.71 which is the mid-point of -0.44 (as found in Rosston et al.,
2010), and 0.97 (as found in Cardona et al., 2009). 42
We consider first order VAT effects such as lower VAT revenues from “existing” broadband subscribers (or
subscribers who would have taken up broadband at the pre-existing VAT rates) and increased broadband VAT
revenues from “new” broadband subscribers partially offset by lower VAT from “new” broadband subscribers
switching from higher VAT products. We also consider second order VAT effects such as higher VAT from
existing consumers who receive an income “windfall” as a result of the VAT reduction. Assuming that a
proportion of this increase is spent rather than saved, then VAT revenues will also increase accordingly. 43
Our analysis uses estimates derived from Czernich et al. (2011) that relate broadband penetration to economic
growth in order to calculate the increase in GDP that can be attributed to the policy. Czernich et al. (2011)
reports a low and a high estimate, of which a midpoint is taken for the reported central cases. Czernich et al.
(2011) finds that the GDP effect of broadband penetration is immediate, so lags are not incorporated into the
model. 44
The full results and assumptions can be found in Frontier Economics (2013).
![Page 29: Product Market Regulation and Competitiveness: Towards a ... 21 April 2015 final.pdfproduct market seem to exert an independent negative effect on the economy’s overall efficiency.](https://reader033.fdocuments.in/reader033/viewer/2022051912/6002e064dc2b4b121d56b9af/html5/thumbnails/29.jpg)
29
Table 1: NPV tax cost of a three year VAT cut (€ M)
VAT cut applies
to all subscribers
VAT cut applies to
new subscribers
Direct effect on VAT -222.6 -47.5
Increase on general taxation as a
result of increased economic output 560.26 560.26
Net effect on taxes 337.66 512.76
Model assumes VAT is cut from 23% to 13% and the VAT cut is 100% passed through to retail prices. NPV based on
a social time preference discount rate of 3.5% (used by the UK Government (HM Treasury Green Book)). We assume
that churn rate is 9%, but that a VAT cut targeted at “new subscribers” doubles churn to 18%.
The above analysis shows that a VAT cut on broadband services can be tax generative as it
stimulates growth. As broadband has characteristics of an experience good, consumer
demand may well be more price inelastic after the good has initially been consumed.
Therefore, even if VAT was to be raised after a period of time, the demand reduction
following the resulting price increase may be less than the demand increase which would
result from the initial fall in prices. A key issue is the ability to design a scheme that will be
targeted at current non-subscribers: even if the impact on growth was 1/10th
of the estimated
effect, it would still be desirable to introduce the VAT reduction if it could be well targeted.
5.1.4 Longer-term policy considerations: stimulating basic broadband demand with
non-price interventions
Over the medium term policies should focus on (i) closing the gap in demand for broadband
between Greece and the rest of the EU; (ii) providing a strong but predictable regulatory
framework which supports competition and enables investments in broadband infrastructure
and (iii) considering measures to incentivize investment in ultra-fast broadband
infrastructures (i.e. fiber to the home or building– FTTH/FTTB).
In relation to (i), surveys of non-users of internet services have indicated that there are three
types of barriers to Internet adoption and use. In order of relevance: (a) non-users do not see
the relevance of the Internet to their lives (“not needed”)45
(b) non-users do not have the skills
to use the Internet (“lack of skills”), and (c) non-users cannot afford the equipment and/or
45 According to an Ofcom survey (Ofcom (2009)), among respondents who gave Not needed as the main barrier
to Internet use, “knowledge of the Internet was low, with 95% confessing little or no knowledge of it”.
![Page 30: Product Market Regulation and Competitiveness: Towards a ... 21 April 2015 final.pdfproduct market seem to exert an independent negative effect on the economy’s overall efficiency.](https://reader033.fdocuments.in/reader033/viewer/2022051912/6002e064dc2b4b121d56b9af/html5/thumbnails/30.jpg)
30
telecommunications connection charges required to use the Internet46
. Therefore policy
measures could identify low user groups (such as elderly and low socio-economic groups)
and focus on measures which increase e-skills and awareness for these groups. Although
there is limited hard evidence about the quantitative impact of such measures47
, in Greece and
elsewhere48
, policies which encourage the supply of Greek-language content, internet-based
applications and services could themselves increase demand for the internet; policies which
enable access to and use of the mobile Internet could also give non-users a good way to build
skills and confidence49
.
In relation to (ii), mobile networks are expected to play a key role in delivering superfast
broadband infrastructure.50
In the absence of a second fixed infrastructure, facilitating
competition between fixed and mobile broadband networks should support the objective of
faster and wider availability of superfast broadband services. The Government should
consider clearing the new sub-1GHz spectrum (700 Mhz) band for mobile internet.
Competition in fixed superfast broadband should also be supported.51
In relation to (iii), whilst the business case for FTTH/B investment may be currently
uncertain in Greece, there is a strong view that such investments will be necessary in the
longer term to support both the competitiveness of the economy and the delivery of public
and other services.52
The absence of a competing cable/fixed infrastructure in Greece and the
significant (sunk) costs involved in developing a fixed cable infrastructure implies that it is
unlikely that infrastructure competition would stimulate the transition to ultrafast broadband.
The fixed incumbent may also have an incentive to seek to maximize the value of its existing
investment in superfast broadband infrastructure (VDSL). This therefore may require policy
46 In studies examining the relative significance of the different factors price ranks below relevance/skills (see
for example a summary in Troulos et al, IOBE, 2012, idem). The design of non-price policies aiming to
stimulate demand (and increase supply) is therefore very important to accompany any demand stimulation
measure based on price. 47
See Hauge and Prieger, (2009). 48
Partly because the design of such schemes commonly does not include explicitly quantified targets. 49
In the survey undertaken by Ofcom (2009), when considering measures to facilitate internet use and adoption.
72% of those who said they intended to get the Internet at home over the next six months were already Internet
users outside the home. People in contact with regular Internet users (eg at work, in schools, or family) are more
likely to take up the Internet than others. The study by Troulos et al (IOBE, 2012, idem) provides a good
summary of other measures based on a survey of Greek businesses and consumers. 50
Through the deployment of 4G (4th Generation) technology, that can deliver download speeds of up to 100
Mbps 51
Local loop unbundling has been a success in Greece and the Government should ensure that OTE’s
downstream rivals are provided access to its VDSL network at prices that sustain the level of existing copper
based competition, whilst maintaining OTE’s incentives to roll-out its VDSL network. 52
The EU digital agenda target for 2020 is for 50% of the EU to subscribe to broadband with speed above 100
Mbps.
![Page 31: Product Market Regulation and Competitiveness: Towards a ... 21 April 2015 final.pdfproduct market seem to exert an independent negative effect on the economy’s overall efficiency.](https://reader033.fdocuments.in/reader033/viewer/2022051912/6002e064dc2b4b121d56b9af/html5/thumbnails/31.jpg)
31
intervention to consider investment targets as part of the regulatory framework, and/or assess
alternative options to deliver such investment, including the possibility of public funding and
‘co-investment’ (where all operators in the Greek telecommunications market could
participate in some of the required investment).
5.2 Energy – a muddle53 in need of very substantial reforms
54
Introduction – Objectives of the 3rd European Energy Package
The weaknesses, lack of development relative to other European countries and problematic
future prospects of the Greek energy sector can only be understood and assessed if set against
the rapidly changing global and European environment. This has been witnessing in recent
years a revolution characterized by the introduction of new fuels - shale gas, the rapid growth
in Renewable Energy Sources (RES), large scale changes on the global energy balance and,
in addition and most importantly in Europe, the implementation of the ambitious 3rd
Energy
Package55
.
The latter’s main objectives are56
to:
• Strengthen in a substantial way the overall framework for a competitive internal
European energy market, develop a common market design for all member states, the
“Target Model”, in order to achieve and promote market coupling – broadly, cross-
border capacity trading.
• Facilitate cross border trade in energy, regional cooperation and investment and
achieve a higher utilization factor of the infrastructures such as the electrical
interconnections.
53 The word, defined as “a confused, troubling and embarrassing condition”, describes perfectly the present
situation in the Greek energy market. It should be stressed that this situation exists even though the Greek
Regulatory Authority for Energy (RAE) has in recent years been at the forefront of proposals for many of the
necessary reforms that will be discussed below. It is the outcome mainly of too many decision-centers with
conflicting objectives influencing policy developments – see below. 54
We would like to thank Miltos Aslanoglou and George Stamoulis for very useful comments on an earlier
version of this section and Anastasios Mastrapas and Ioannis Psarros, recent postgraduates of the Economics
Department for comments and excellent research assistance in preparing this section. 55
The European Union's Third Energy Package is a legislative package for an internal gas and electricity market
that aims to further open up the gas and electricity markets in the European Union. The package was proposed
by the European Commission in September 2007, and adopted by the European Parliament and the Council of
the European Union in July 2009. It entered into force on 3 September 2009. 56
For a summary see, Aslanoglou (Vice-chairman, Greek Regulatory Authority for Energy (RAE)) “Electricity
Market Reform in Greece: no Time to Waste” (page 3), CRESSE (2013) Conference Special Policy Lecture on
Energy Markets. According to the Target Model’s provisions four levels of transactions are foreseen,
specifically in the: (i) Day Ahead market: Coupling of markets, uniform pricing, (ii) Intraday Markets: regional
markets, (iii) Balancing Markets: operated by the TSOs, and (iv) Forward markets: based on the cross border
trading activity.
![Page 32: Product Market Regulation and Competitiveness: Towards a ... 21 April 2015 final.pdfproduct market seem to exert an independent negative effect on the economy’s overall efficiency.](https://reader033.fdocuments.in/reader033/viewer/2022051912/6002e064dc2b4b121d56b9af/html5/thumbnails/32.jpg)
32
• Separate effectively production and supply (which could be competitive) from
transmission networks, which have natural monopoly characteristics (unbundling).
• Ensure the effectiveness and independence of National Regulatory Authorities
(NRAs) and achieve greater market transparency on network operation and supply.
• Increase solidarity among the EU Member States and promote consumer rights and
their protection, in particular for vulnerable customer groups.
• Organize the cooperation at the EU level of NRAs (the ACER), and of electricity and
gas Transmission System Operators (TSOs)57
.
An important aim of the Target Model is to enhance cooperation between the TSOs and to
develop common market rules for all member states. This is expected to facilitate the
efficient use of installed or future infrastructure of electricity and natural gas systems across
Europe and create the necessary market size to allow the development of supplementary
markets (reserves, ancillary services). Furthermore, it aims to provide unbundled energy,
capacity or reserve products and, by reducing uncertainty, to promote investment decisions
and attract private equity, thus leading to enhanced security of supply and stronger
competition under stricter environmental restrictions.
The implementation of the Target Model in Greece requires substantial structural and other
reforms of the current market organization. Below, we first set out the main features of the
current situation in the Greek energy market and we then discuss a number of proposed
reforms that will allow the country to implement the Model.
Recent developments and the current situation in Greece
The main features characterizing the Greek electricity and natural gas markets in recent years
are the following:
• The “liberalized” parts of energy markets58
have been and are still dominated in
terms of market share by public monopolies (in production and in supply) –
57 TSOs are entities entrusted with transporting energy in the form of electrical power (or natural gas) from
generation plants (or after receiving it from producers) over the electrical grid (or via pipeline) to local
distribution operators. 58
The parts of production and supply (wholesale and retail), excluding, that is, the natural monopoly parts of
transmission and distribution.
![Page 33: Product Market Regulation and Competitiveness: Towards a ... 21 April 2015 final.pdfproduct market seem to exert an independent negative effect on the economy’s overall efficiency.](https://reader033.fdocuments.in/reader033/viewer/2022051912/6002e064dc2b4b121d56b9af/html5/thumbnails/33.jpg)
33
specifically, the Public Power Corporation (PPC59
) dominates60
both production
and supply in the electricity market (as can be seen in the Diagrams below) and
the Public Gas Corporation (DEPA) dominates supply in natural gas.
Figure 8: PPC market share61
in retail supply and production
Source: LAGIE (Centralised pool administrator)
• Further, electricity production suffers from serious cost asymmetries. PPC is the
only firm using low cost fuels for generation62
– specifically, lignite and water
59 At present the State is still PPC’s majority shareholder. During the last few months there have been
government announcements of privatizing PPC and the creation of a so-called “small PPC” in which the State
will not be the majority shareholder. 60
With shares by PPC exceeding on average 70% in production and close to 100% (97% in 2014) in retail
supply – see Diagrams in text. The wholesale and retail markets are examined in more detail below. DEPA
essentially controls 100% of the supply of natural gas. 61
Interconnected system
![Page 34: Product Market Regulation and Competitiveness: Towards a ... 21 April 2015 final.pdfproduct market seem to exert an independent negative effect on the economy’s overall efficiency.](https://reader033.fdocuments.in/reader033/viewer/2022051912/6002e064dc2b4b121d56b9af/html5/thumbnails/34.jpg)
34
while its competitors rely on natural gas – something that, despite of the existence
of the wholesale market in the form of a Mandatory Pool, give it a difficult to beat
advantage at the retail level. The current highly concentrated market structure and
cost asymmetries in electricity generation and, therefore, lack of effective
competition, as well as the contractual obligations for importing natural gas from
Russia (through a monopolist wholesaler), that were assumed over 10 years ago63
,
are factors that are inhibiting effective market liberalization and development and
cross-country market integration.
• Market liberalization and efficient regulatory enforcement has also been impeded
up to the present by the existence of too many decision centres. This has been
particularly due to the Greek State, in its capacity as the majority shareholder of
both PPC and DEPA64
, often “replacing” in practice the National Regulatory
Authority (RAE), for example, in formulating the price structure to be applied to
the different consumer groups (low, medium and high load customers).
• Price regulation, that still continues65
, has had disastrous consequences for the
productive efficiency of PPC as retail prices have been set so as to cover the
company’s reported costs (also known as ‘cost-plus regulation). So, there are
absolutely no incentives to reduce costs. Further, the access to a relatively cheap,
but finite, energy source (lignite) has implied that the retail household prices in
Greece are still relatively low66
– reducing the pressure to identify and achieve
cost efficiencies in the monopoly parts of the supply chain (transmission and
distribution).
• The wholesale electricity market has relied on the Mandatory Pool that imposes an
obligation to all producers and importers to make available each day to the
centralized pool administrator (LAGIE), whatever energy they wish to inject to
the system and at what specific prices. This information is used in order to
62 There is no unique estimate of the cost gap between lignite and natural gas generation – PPC’s customers
raise it to about 40 euro/ΜWh (given a cost of about 35 euro/MWh for lignite and about 75 euro/MWh for gas –
though PPC insists that lignite cost is 57 euro/MWh). 63
Which implies that PPC’s competitors rely on a high-price supplier (Gazprom) for their natural gas needs –
indeed it is not just Greece that is paying high prices, DGCOMP is currently turning against Gazprom for abuse
of dominant position with excessive prices to European countries. 64
DEPA is in the process of been privatized too – sold to the Azerian company SOCAR. 65
Formal ex ante retail price regulation by RAE should have been terminated on the 1st of July 2013. However,
the state, as the majority shareholder, retains the right to continue to set prices as before. RAE of course can set
maximum price ceilings and regulate ex post excessive pricing on the basis of Competition Law. 66
Between 2011 and 2013 household electricity prices were below the EU-28 average though gas prices were
among the highest (source: Eurostat Energy Prices)
![Page 35: Product Market Regulation and Competitiveness: Towards a ... 21 April 2015 final.pdfproduct market seem to exert an independent negative effect on the economy’s overall efficiency.](https://reader033.fdocuments.in/reader033/viewer/2022051912/6002e064dc2b4b121d56b9af/html5/thumbnails/35.jpg)
35
determine the next day’s wholesale price (the System Marginal Price) taking into
account similarly expressed demands for energy. The original objectives of the
Mandatory Pool, to induce entry of new producers in the Greek electricity market,
which led about 10 years ago to the gradual entry of three new independent
producers operating gas stations, are now outweighed by the substantial problems
and distortions associated with its operation (particularly the cost-recovery
mechanism, essentially allowing high-cost producers to be able under all
conditions to operate – by just selling wholesale to the pool - without loss etc)67
.
This is also affected by the substantial subsidies that are available for the
generation of renewable-based energy that were induced by the drive to increase
the share of renewable energy sources68
.
• Retail competition between energy producers or independent suppliers is non-
existent - some entry that took place about five to six years ago was not sustained
beyond 2011, due to a combination of delays in the implementation of an effective
opening up of the production/generation part of the market, regulated retail prices
based on PPC’s cost-plus that can be lower than the wholesale (pool) prices at
which independent suppliers can purchase energy, the economic crisis that has
reduced substantially demand69
and the behaviour of the dominant PPC, which led
to limitations in the incentives of new entrants to compete effectively in the retail
market.70
PPC has now returned again to a market share of 97% in the residential
electricity retail market.
A number of policy priorities need to be set and implemented in order to alleviate the
problems in the Greek energy markets. These contain both structural (privatisation / breaking
up of PPC) and regulatory measures - removal of cost-plus regulation of retail prices and
introduction of a NOME-type regulation for securing access by other producers and suppliers
67 For an extensive summary, see Courcoubetis, et al. (2012).
68 Environmental factors have mandated the development of renewable based energy sources though they are
more expensive. The supply of energy from these sources takes priority in the operation of the mandatory pool
system. 69
Relative to what was expected and the expansion of the system which has been combined with the penetration
of massive Renewable Energy Sources (RES) and has created a situation of overcapacity. Of course many ot the
reforms discussed below would be desirable even in the absence of the significant fall in demand induced by the
crisis. 70
For a detailed analysis, see Courcoubetis et al. (2012).
![Page 36: Product Market Regulation and Competitiveness: Towards a ... 21 April 2015 final.pdfproduct market seem to exert an independent negative effect on the economy’s overall efficiency.](https://reader033.fdocuments.in/reader033/viewer/2022051912/6002e064dc2b4b121d56b9af/html5/thumbnails/36.jpg)
36
to the low-cost energy sources currently controlled by PPC. They are described in detail
below.
Policy priorities for reform
As already noted above, a top overall policy priority is that of the Greek Energy
Regulator preparing the market rules to meet EU’s Target Model requirements and
implementing the Model. More specifically, the State and the regulator should aim to a
progressive change of the fuel mix aiming to a reduction of cost-asymmetries between
producers, that are a result of PPC’s legacy as a public monopoly and owner of essentially all
relatively cheap energy sources in Greece, develop further the natural gas supply options,
facilitating alternative natural gas supply links and promote investments in energy
efficiency71
.
For the implementation of the Target Model and the development of a more efficient and
competitive energy market in Greece it is necessary to undertake a number of measures and
reforms which we describe in detail below.
1. To start with, it is important to restructure the wholesale electricity market in order to
remove the problems and distortions associated with its operation, as mentioned
above. To do this, in the short-run and perhaps the short-to-medium run, the market
could rely principally, as it has in many other European and non-European countries,
on a non-mandatory bid-based, centralized spot market, with the design of the auction
process being that of uniform -or discriminatory- price auctions, without the
distortions characterizing currently the Greek market72
. In the medium-to-long run we
expect that Greece should converge to the situation of the markets in by far most
European countries73
in which the great majority of transactions are based on Over
The Counter (OTC) bilateral contracts. Reforms should promote bilateral contracts,
ultimately by physical delivery by, for example, making them mandatory for those
71 These are the stated objectives of the Greek energy regulator – see, for example, Aslanoglou, ab.cit., (2013).
As he notes, the current organization of the Greek electricity wholesale market does not allow for the efficient
coupling of neighboring markets, that is, it cannot support the implementation of the target model requirements. 72
Uniform-price auctions have been used extensively in US and Scandinavian countries while the best example
of the application of discriminatory auctions is that of UK in the last 13 years or so. The advantages and
disadvantages of these two alternative auction designs have been discussed extensively in the literature, both in
general and specifically for the context of electricity markets. See, for example, Fabra et al. (2006). Needless to
say, of course, that such restructuring of the wholesale market will not on its own produce the desirable effects if
it is not undertaken in conjunction with the other reforms mentioned below. 73
See, for example, Pototschnig (2012).
![Page 37: Product Market Regulation and Competitiveness: Towards a ... 21 April 2015 final.pdfproduct market seem to exert an independent negative effect on the economy’s overall efficiency.](https://reader033.fdocuments.in/reader033/viewer/2022051912/6002e064dc2b4b121d56b9af/html5/thumbnails/37.jpg)
37
that participate in the NOME-type regulation described below74
, thus allowing for
opportunities to strengthen retail entry and competition.
2. It is important that measures are taken to enhance competition between existing
producers and with potential new market players. This is also necessary in order to
reduce the risk of large price increases in the short and medium run that could follow
the removal of direct retail price regulation. While structural measures involving the
sale of low-cost lignite power stations from the PPC to the other producers could
provide a solution, enhancing competition between existing players, it has for many
years been impossible to bridge the gap between the proposed offers of PPC’s
majority shareholder (the State) and those of the potential buyers and this is
considered at best a long-term scheme. The privatisation of part of PPC (and creation
of a private “small PPC”) is an alternative structural measure that has been proposed
by some parties but is not currently in the policy agenda.75
3. An alternative important measure for achieving these objectives, that can, at least for
the short and medium run, play an important role complementary to structural
measures, is to provide rights of access to third parties/producers (that currently
operate high-cost gas stations) and independent suppliers at a cost-oriented
(benchmarked) price to the low-cost (lignite and hydro) capacity of PPC. This is a
measure similar to that originally implemented in France in 2011 (NOME-type
regulation), where rights to access the low-cost nuclear power capacity of EDF were
given to its competitors – with EDF controlling through its nuclear power capacity
about 85% of production in France.76
The introduction of a NOME-type regulation in Greece can, if properly designed,
create a much more symmetric market structure in terms of costs and capacities and,
74 This is, indeed, a point also supported in the EU-ECB-IMF proposals for reforms in the Greek energy market,
that has also supported the introduction of a NOME type regulation in Greece. NOME: Nouvelle Organisation
du Marche de l’Electricite (see for details below). 75
The proposal to create a “small (privatized) PPC” by the previous New Democracy – PASOK government
that will own a part of PPC’s lignite capacity, if it would lead to competition between two independent cost-
symmetric producers that operate lignite stations would reduce the risk of significant price increases when the
market is effectively deregulated (something that has not yet happened, as we mentioned above). This could
render unnecessary the introduction of NOME-type regulatory measures discussed below. The change in
government following the national election of 25 January 2015 has removed this proposal from the policy
agenda at least for the foreseeable future. 76
It is important to note that the situation in Greece differs from that of France. While EDF produces essentially
with its nuclear power stations, PPC in Greece has a more balanced capacity portfolio, 55% of which is
accounted for by low-cost lignite stations. For a review of the arguments for and against the NOME regulation
see the report of Courcoubetis, et al. (2012). No decisions have yet been taken concerning the fraction of lignite
capacity to which there will be access through this regulation if/when it is implemented.
![Page 38: Product Market Regulation and Competitiveness: Towards a ... 21 April 2015 final.pdfproduct market seem to exert an independent negative effect on the economy’s overall efficiency.](https://reader033.fdocuments.in/reader033/viewer/2022051912/6002e064dc2b4b121d56b9af/html5/thumbnails/38.jpg)
38
in a recent extensive study by Courcoubetis et al. (2013) it is found that in a totally
liberalized market that operates either through a centralised uniform-price auction
wholesale market or through bilateral (OTC) contracts, this regulation can have a
number of beneficial results. Equilibrium prices will be much lower compared to
those that would emerge without this regulation, at least in low and medium demand
states, while third party producers will be able to increase their market shares, their
profits (that are significant for new investment) and their retail presence.
4. Consider replacing the current cost-plus regulatory controls on prices for transmission
and distribution with mechanisms that can provide stronger cost minimisation
incentives, such as multi-year price controls.77
5. The Capacity Assurance Mechanism is another field of the market that needs reform.
The current mechanism compensates with no distinction all the available thermal
units without taking into consideration which of them are really needed in the long
run. This creates wrong incentives for potential future investors. There is an ongoing
discussion about reforming the Capacity Assurance Mechanism and it is important,
in the context of this discussion that the Greek TSO (ADMIE) sets long term targets
for the development of the System, provides estimates of the need for installed
capacity that needs to be compensated, defines which are the most flexible units that
are really necessary given the RES penetration and thus sends the right investment or
disinvestment signals.
6. It is worth noting here that the above reforms, especially the introduction of a NOME-
type regulation, are also likely to have a beneficial impact on the severe pressures that
the large industrial firms face in Greece to reduce their energy costs and thus become
more competitive in international markets in the midst of the unprecedented economic
crisis of the last years in Greece. Under NOME such firms may be permitted to
purchase low-cost lignite energy in auctions directly or via a common wholesale
market player.78
77 A consultation issued in December 2013, led to a decision (340/2014) in June 2014 on the principles
governing the regulation of IPTO after privatization – regardless of its ownership. This established high level
principles for the interim period (2015-2017), and provided some signals on direction for Enduring
Arrangements, which will apply from 2018 onwards. A key feature of the proposals is that the current cost-plus
price regulation regime will be replaced by a multi-year revenue cap regime. The enduring arrangements
envisage at this stage the introduction of incentives to improve efficiency by outperforming the targets set, and
incentives to improve Quality of Service performance, under 4 year periods price control cycles. 78
This has indeed be a major issue behind the motivation for introducing a NOME-type regulation in Greece.
![Page 39: Product Market Regulation and Competitiveness: Towards a ... 21 April 2015 final.pdfproduct market seem to exert an independent negative effect on the economy’s overall efficiency.](https://reader033.fdocuments.in/reader033/viewer/2022051912/6002e064dc2b4b121d56b9af/html5/thumbnails/39.jpg)
39
7. It is also very important to improve the efficiency in the management of RES
production, secure adequate financing and, most importantly, manage its impacts to
the competitive part of the market, as in the last years incentives (through guaranteed
high prices) to invest in RES have been responsible for exerting an upward pressure
on retail prices. There is renewed thinking in Europe on re-visiting the policies for
achieving lower CO2 emissions whilst maintaining competitive energy costs, and
Greece should re-consider its policy in this context – especially in terms of continuing
to provide incentives for further investment in more expensive RES.
8. Finally it is very important to improve the capability of the energy regulator that has
to undertake the very challenging tasks of designing network price controls, retail
price controls (with the regulator deciding the period of phase out, triggers for phasing
out, basis of price control), price control for the capacity release, and any other
regulated tariffs in a way that does not destroy investment incentives and also of
implementing the necessary measures that will secure the growth of more competition
in the market.
6. Concluding Remarks
There is no doubt that to a casual, but objective, reader the deep economic crisis that started
in Greece in 2009 was a long time coming. Virtually every international index of
competitiveness indicated that the economy was suffering along many dimensions: high
barriers to entry, heavy state control, inefficient regulatory framework, corruption and lack of
effective competition. An article in Newsweek79
described Greece as a country that is
“unique in its dysfunctionality” and as “the most wasteful and corrupt Western nation”.
Another80
article notes that Greeks “behave as a collection of atomized particles, each of
which has grown accustomed to pursuing its own interest at the expense of the common
good.”
However, in the midst of the most serious fiscal crisis that Greece has ever gone through, a
very serious effort has started “to change these facts” and this has “started with the abolition
of some of the strict regulations in various sectors of the economy that are for the first time
being freed up to competition”. OECD named Greece as a “champion in terms of reforms”
79 Newsweek, “How Europe’s New Goals Will Pay Off”, 24/12/2010.
80 Vanity Fair, “Beware of Greeks Bearing Bonds”, 1/10/2010.
![Page 40: Product Market Regulation and Competitiveness: Towards a ... 21 April 2015 final.pdfproduct market seem to exert an independent negative effect on the economy’s overall efficiency.](https://reader033.fdocuments.in/reader033/viewer/2022051912/6002e064dc2b4b121d56b9af/html5/thumbnails/40.jpg)
40
for 2012.81
All international indicators are now showing a reversal of the previous negative
trend for Greece. The effort and the achievements so far are unprecedented and impressive.
Yet, despite the significant progress, there is still significant room for improvement for
Greece to regain its international competitiveness. The effective completion of the structural
changes should clearly aim to reform and privatize public enterprises, liberalize product and
service markets, remove unnecessary and distortive regulations and strengthen independent
sectoral regulatory bodies. These reforms are critical for the short and medium term recovery
and are pivotal for the restructuring of the productive potential of the economy. At the same
time, the long-term strategy must be centered around a coherent National Competition and
Competitiveness Policy plan that will create the conditions for innovative and sustainable
growth. We are moving in the right direction, but we need to do more.
References
Aslanoglou M. (2013), “Electricity Market Reform in Greece: no Time to Waste”,
Presentation at the CRESSE Annual Conference, Special Policy Lecture on Energy Markets,
available in www.cresse.info
Bloom, N., Genakos, C., Sadun R, and Van Reenen, J. (2012), “Management Practices
Across Firms and Countries”, Academy of Management Perspectives, 26(1), 12-33.
Bloom, N., Draca, M. and Van Reenen, J., (2012), “Trade Induced Technical Change: The
Impact of Chinese Imports on Innovation, Diffusion and Productivity”, Review of Economic
Studies, forthcoming.
Blundell, R., Griffiths, R., Van Reenen, J., (1999), “Market Share, Market Value and
Innovation in a Panel of British Manufacturing Firms”, Review of Economic Studies, 66(3),
529-554.
Buccirossi P., L. Ciari, T. Duso, G. Spangolo and C. Vitale (2013) “Competition Policy and
Productivity Growth: an Empirical Assessment”, Review of Economics and Statistics,
forthcoming.
Cardona, Mélisande, Anton Schwarz, B. Burcin Yurtoglu, and Christine Zulehner (2009),
“Demand estimation and market definition for broadband Internet services”, Journal of
Regulatory Economics, 35 (1), 70-95.
Courcoubetis K., Y. Katsoulacos and G. Stamoulis (2012), “Issues of Regulation in relation
to the Greek Wholesale Electricity Market in view of the reforms required in order to
implement the Target Model” (in Greek), report prepared for RAE, July 2012. Short version
published as “Implications for the Greek Electricity Market of third-party access to the low-
cost production of PPC” in Essays in Applied Economics and Finance, edited by Y.
Katsoulacos, AUEB Publications, 2013 (in Greek).
81 Kathimerini, “OECD praises reforms in Greece”, 15/2/2013.
![Page 41: Product Market Regulation and Competitiveness: Towards a ... 21 April 2015 final.pdfproduct market seem to exert an independent negative effect on the economy’s overall efficiency.](https://reader033.fdocuments.in/reader033/viewer/2022051912/6002e064dc2b4b121d56b9af/html5/thumbnails/41.jpg)
41
Courcoubetis K., Y. Katsoulacos and G. Stamoulis (2013), “The Optimal Design of a
NOME-type Regulation in Greece”, report prepared for RAE (in English), September 2013 –
available from the authors on request.
Czernich N., Falck, O., Kretschmer, T., and Woessman, L, (2011), “Broadband infrastructure
and economic growth”, Economic Journal, 121(552): 505-532
EC Communications Committee, (2013), “Broadband lines in the EU: situation at 1 July
2012”
EC, (2013), “Broadband Coverage in Europe in 2012: Mapping progress towards the
coverage objectives of the digital agenda”.
Fabra N., von der Fehr, and N.H. Harbord (2006), “Designing Electricity Auctions”, Rand
Journal of Economics, 37, 23 - 46.
Federal Communications Commission, (2010), “Connecting America: The National
Broadband Plan”.
Frontier Economics (2012), “Broadband take up performance in the EU: an empirical
analysis”, mimeo, available on request.
Frontier Economics (2013), “Broadband take-up and economic growth in Greece”, mimeo,
available on request.
Genakos, C., P. Koutroumpis and M. Pagliero (2014), “The Impact of Markup Regulation on
Prices”, CEPR Discussion Paper 10243.
Hauge and Prieger, (2009), “Demand-Side Programs to Stimulate Adoption of Broadband:
What Works?”, Working Paper,
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1492342
IOBE (2014a), “Assessing the Macroeconomic Impact of structural Reforms in Greece”,
policy paper, March 2014.
IOBE (2014b), “State of play of liberalization and remaining barriers in professions and
services in engineering, technical and related sectors in Greece”, policy paper, February
2014.
IOBE (2014c), “State of play of liberalization and remaining barriers in professions and
services”, policy paper, February 2014.
ITU (2012), “The Impact of Broadband on the Economy: Research to Date and Policy issues”
Katsoulakos, Y., G. Makri. and V. Bageri (2011), “Regulatory Burden, Competition and
Growth”, report funded by the Bank of Greece - available on request.
Katsoulakos, Y. and G. Makri (2013) “Greece’s Competitiveness and Regulatory Burden:
Towards a National Competition and Competitiveness Policy”, report funded by the Hellenic
Federation of Enterprises (SEV) - available on request.
Katsoulacos Y and D Ulph (2009), “Optimal Legal Standards for Competition Policy”,
Journal of Industrial Economics, 57(3), 410-437.
Koutroumpis, P., (2009), “The economic impact of Broadband on Growth: a Simultaneous
Approach”, Telecommunications Policy, 33, p. 471-485
Loukas D. (2014), “Greece: Diversifying and Expanding Advocacy Efforts and Outreach
Activities in view of the Ongoing Financial Crisis”, CPI Antitrust Chronicle, Aug. 2014 (1).
![Page 42: Product Market Regulation and Competitiveness: Towards a ... 21 April 2015 final.pdfproduct market seem to exert an independent negative effect on the economy’s overall efficiency.](https://reader033.fdocuments.in/reader033/viewer/2022051912/6002e064dc2b4b121d56b9af/html5/thumbnails/42.jpg)
42
Meghir, C., D. Vayanos and N. Vettas (2010), “The Economic Crisis in Greece: a Time of
Reform and Opportunity”, mimeo, www.greekeconomistsforreform.com
Nicoletti, G., Scarpetta, S. and Boylaud, O., (1999), “Summary indicators of product market
regulation with an extension to employment protection legislation”, OECD Economics
Department Working Papers, No.226.
Nickell, S., (1996), “Competition and corporate performance”, Journal of Political Economy,
104, 724–746.
OECD, (2001), “Regulatory Reform in Greece”, OECD Reviews of Regulatory Reform.
OECD, (2009a), “Indicators of Regulatory Management Systems”, Regulatory Policy
Committee.
OECD, (2009b), “The role of communication infrastructure investment in economic
recovery”.
OECD, (2011), “Economic Surveys: Greece”, OECD Economic Surveys - "Functional
Review of the Central Administration in Greece".
OECD, (2011), National Broadband Plans – “The Economic Effects of Broadband Access”
OECD (2013), “Recommendations for future action by the Russian authorities to improve
Competition law, policy and practice” report prepared by OECD Competition Committee.
OECD (2014), “OECD Competition Assessment Reviews: Greece”.
Ofcom, (2009), “Accessing the Internet at Home”, Research Document,
http://stakeholders.ofcom.org.uk/binaries/research/telecoms-research/bbathome.pdf
Pototschnig A. (2012) “Electricity Markets: the Wholesale Electricity Market”, Florence
School of Regulation, R Schuman Center for Advanced Studies.
Qiang, C., and Rossotto, C., “Economic Impacts of Broadband”, Chapter 3 in Information
and Communication for Development 2009: Extending Reach and Increasing Impact’, World
Bank.
Rosston, Gregory L., Scott J. Savage, and Donald M. Waldman (2010), “Household demand
for broadband Internet in 2010”, The BE Journal of Economic Analysis & Policy, 10(1).
Sala-i-Martín, X. and Artadi E. V., (2004), The Global Competitiveness Index. The Global
Competitiveness Report 2004–2005. Hampshire: Palgrave Macmillan. 51–80
Scarpetta, S. and T. Tressel (2002), “Productivity and Convergence in a Panel of OECD
Industries: Do Regulations and Institutions Matter?” OECD Economics Department Working
Paper No 342.
Van Reenen, J et al, (2010) “The Economic Impact of ICT”, Enterprise LSE.
Venables, A.J., Van Wijnbergen, S., (1993), “Trade liberalization, productivity, and
competition: the Mexican experience”, mimeo, Centre for Economic Performance, London
School of Economics.
Williamson et al, (2010) ‘Demand side measures to stimulate internet and broadband take-
up’, Plum Consulting.
World Economic Forum, The Global Competitiveness Report 2001-14