Open Access Competition in Passenger Railways in Europe

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Konferenz Verkehrsökonomik und -politik, Berlin 29.06.2017 Open Access Competition in Passenger Railways in Europe David Kupfer European University Institute David.Kupfer@eui.eu 1

Background: 25 Years of Railway Reform in Europe Directive 91/440 (1991) 1st Railway Package (2001) Management independence Accounting unbundling Financial restructuring Access for freight (corridors) Independence of the IM; accounting unbundling Track allocation rules, unbundling Opening of freight market (freight networks) Independent Regulatory Authority 3rd Railway Package (2007) 4th Railway Package (2015) Technical Pillar Opening of international passenger transport market, incl. cabotage (2010) Certification of drivers Passenger rights [PSO tendering (1370)] International passenger transport (including cabotage): 2010 Interoperability Safety Strengthening of ERA 2 nd Railway Package (2004) Full opening of freight market (2007) Interoperability rules Harmonization of safety rules European Railway Agency Rail Freight Transport: 2007 4th Railway Package (2016) Opening of national passenger transport market (access) by 2020 Rules for infrastructure governance and infrastructure management Transparency of financial flows in integrated companies (unbundling) PSO tendering National Passenger Transport: For PSO: 2024 Market Pillar For Open Access: 2020 2

Complete separation Different models of Railway Governance Holding company Separation of key powers Britain Austria Czech Republic Finland Belgium Estonia Denmark France Hungary Lithuania Greece Luxembourg Netherlands Italy Slovenia Norway Portugal Slovakia Spain Sweden Separation of infrastructure from operation Latvia Poland Germany Table based on Nash, 2008 3

Open Access Competition in Railways Competition in the market = Competition between train operating companies with regulated access to infrastructure (Open Access Competition) 4.8% Market share of nonincumbent railway undertakings (2015) Competition for the market Competitive tendering for Public Service Obligation (PSO) or exclusive rights (franchising) = 36.4% Market share of nonincumbent railway undertakings in PSO (2015) 4

Effects of Open Access Competition in Railways There is overall an observable positive impact for the passengers: Lower prices Better service Higher frequencies Negative impact on the system: financial strain on operators and infrastructure managers: Question about financial sustainability given the large amount of public money in the railway system 5

Case Study: Czech Republic Timeline 1994 formal Market opening 2003 Unbundling of incumbent operator 2011 End of subsidies for Prag-Ostrawa line 2016 price war between three open access competitors on the Prague Ostrawa line Regulatory Challenges Infrastructure Capacity (access charges, priority rights) frequent disputes of operators Anticompetitive Behavior (predatory pricing) Lack of Regulator (Regulatory Body established April 2017) Other Challenges Unprofitability of operations Less trains during off peak times Tomeš, 2016 6

spread of prices Case Study: Czech Republic Prices (in CZK, 1 EUR = ca 27 CZK) 700 600 average price without loyalty card highest fares without loyalty card 500 400 300 200 100 average price with loyalty card lowest fares with loyalty card 0 2010 entry of RJ 9/2011 CDs' response 10/2011 1st half of 2012 2nd half of 2012 entry of LE 1/2013 2nd half of 2013 1st half of 2014 2nd half of 2014 1st half of 2015 2nd half of 2015 Tomeš 2016 1st half of 2016 * CZK per one way ticket 7

Case Study: Italy 2012: NTV enters market, starts operating Rome-Milan route (after several years of proceedings to obtain licence) 2013: NTV reaches market share of 20-25% in the High Speed market, significant increase in overall demand for rail transport and modal shift 2013: New transport regulator (ART) takes office 2014: Reduction of track access charges by 30% Complaints put forward by NTV: Discrimination in path allocation process Limited access to (essential) facilities Predatory pricing by Trenitalia 8

180 170 160 150 140 130 120 110 100 90 80 70 60 50 HSR Competition in Italy 2011-2016 178,2 2011 2012 2013 2014 2015 2016 (est) Demand Yield GDP Case Study: Italy 97 58,6 Competition has a double positive effect: Increase of the Demand (+78% in PKM) Reduction of the ticket price Yield (40%) Giuricin, 2016 9

Sweden among the most open markets in EU, End of incumbent monopoly for commercial services 2010 significant open access competition since 2015, when MTR began operations on Stockholm- Göteborg line Issues: Capacity and path allocation Case Study: Sweden Initial dispute about access to ticket vending platforms solved by decision of Competition Authority (2014) Alexandersson, 2017 10

Case Study: Sweden Average weekly price Göteborg-Stockholm line Vigren 2016 11

Competition is limited to a few lines and a few competitors There is overall a positive impact for the passengers: lower prices, better service and higher frequencies Negative impact on the system: financial strain on operators and infrastructure managers Frequent disputes new conflicts between the actors in the railway system Need for better regulators Conclusions Need to redefine financing of the system 12

References Alexandersson, Gunnar (2017), 30 years of reforms in the Swedish railway sector, presentation at Florence school of regulation, available at http://fsr.eui.eu/event/executive-seminar-competition-passenger-railwayseurope/ Casullo, Lorenzo (2016), The Efficiency Impact of Open Access Competition in Rail Markets Giuricin, Andrea (2016), Effects of Liberalization of the HS Market in Italy, presentation given in Madrid (16.09.2016) van de Velde, Didier, European Railway Reform: unbundling and the need for coordination in Finger, Matthias (2013), Rail Economics, Policy and Regulation in Europe (p 52-88) Tomeš, Z., Kvizda, M., Jandová, M., & Rederer, V. (2016). Open access passenger rail competition in the Czech Republic. Transport Policy, 47, 203-211 Vigren, Andreas (2016), Competition in Swedish Passenger Railway: Entry on an open-access market, CTS Working Paper series (CTS 2016) 13

Thank you for your attention! 14