Adriaan DIERX International workshop on "Opportunities for growth, trade and investments after the crisis" 9 – 10 November 2012, Cluj-Napoca The contribution of competition policy to growth and investment in transport Improving the competitive effects of the liberalisation of transport markets in the EU

Outline 1.Logistics & transport: Important for growth & jobs 2.Stepwise liberalisation of transport markets 3.Application of EU competition rules in transport 4.Impact of competition policy on productivity 5.Conclusion 2

Logistics & transport: Important for growth and jobs Around 7% of EU value added and 5% of EU employment 10–15% of the cost of a finished product for European companies 3

Essential input for other activities: Sectors benefitting from technological progress in trade, transport and communication 4

Stepwise liberalisation of transport markets 1.Liberalisation of international markets Maritime (1986, 1990) Air (1997, 2007) Road (early 1990s, 2011) Rail freight (2007) Rail passenger (2010) 2.Liberalisation of national markets Rail passenger (2012) Post (2002, 2011/2013) 5

Application of EU competition rules Transport increasingly covered by generally applicable competition law framework (e.g. Council Regulation No.1/2003 on the implementation of Articles 101 and 102 of the TFEU » rules for antitrust enforcement) Regulations granting exemptions to some transport activities were repealed (e.g. repeal of liner conference block exemption as of October 2008) with some minor exceptions (e.g. maritime consortia) 6

Areas of EU competition policy Mergers (Council Regulation No.139/2004 ) Control of mergers and other formal agreements between companies Antitrust (Articles 101, 102 & 106 TFEU) Article 101: Agreements between companies that restrict or distort competition (including cartels) Article 102: Abuse of a dominant position (imposition of unfair trading conditions or limitations on production) Article 106: Monitoring of public companies or companies having been granted special or exclusive responsibilities, such as the delivery of services of general economic interest State Aid (Articles 107 & 108 TFEU) Monitoring financial support given to companies by Member States 7

Competition policy issues in transport 8 Sector characteristics ConsequencesPolicy aim Access to infrastructure essential Competitive advantage incumbent Ensure equal access to network infrastructure Vertically integrated service providers Possibility of foreclosure Ensure equal access to essential services Important network effects First-mover advantage Ensure cheap and smooth transfer between service providers Provision of services of general economic interest (SGEI) Compensation for loss-making activities Control of overcompensation for delivery of SGEI

Competition policy in practice 9 Policy aimCasesDesired outcome Ensure equal access to network infrastructure Airline mergers Slot commitments in congested airports Ensure equal access to essential services Deutsche Bahn Fair pricing of electricity for traction trains Ensure cheap and smooth transfer between service providers Airline alliances Weigh anticompetitive effects against efficiency gains Control of overcompensation for delivery of SGEI Postal casesEnsure level playing field for postal operators

Impact of competition policy on productivity 10 EU competition rules ensure equal access to resources ("fair competition") EU competition rules allow trade-off anticompetitive effects and efficiency gains Increased innovation and more choice Better quality for a lower price Total Factor Productivity Growth

Conclusion The enforcement of competition policy rules in newly liberalised transport markets helps the Internal Market reach its full potential, because: 1.Fair competition turns the Internal Market into an incubator of innovative firms 2.Strong competition within the Internal market gives EU firms an edge over their global competitors 11