Public monopolies, concessions, and competition law and policies

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2009
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en
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Infrastructure concessions have been promoted as a means of changing inefficient market structures, improving efficiency and relieving the public budget. Concessions were expected to contribute to economic development and consumer welfare. However, developing countries and economies in transition have had mixed experiences with concessions. Against this background, the present paper analyses concessions from a competition policy perspective. It examines the extent to which this type of contract has the potential to contribute to economic development and what steps need to be taken in order to make this happen. Members’ responses to the questionnaire from the UNCTAD secretariat served as a basis for the paper. The paper begins by setting out the function and rationale for concessions. Next, different options for the regulatory framework are described. Some effects of concessions on economic development are presented. Ways to stimulate competition are addressed, including in a concession’s design, award and performance. The role of the competition authority is reviewed. The paper concludes by asking how country experiences can improve concessions.
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