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The Dark and Bright Sides of Renegotiation: An Application to Transport Concession Contracts

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  • de Brux, Julie

Abstract

Renegotiations of public-private partnerships have recently been the subject of much attention. Economists regularly analyse them through the lens of 'hold up' theories. According to these models, renegotiations are a problem to be avoided: renegotiations become opportunistic because agents are self-interested, and they use renegotiation to seek rents. As a result, renegotiating destroys social surplus. Even when renegotiations occur to fill in the blanks of the contracts, and implement investments that had not been contracted ex ante, they typically predict a process by which parties use renegotiations to maximise their short run individual benefit. This paper sets out an alternative and new view. Through two case studies, we show that renegotiations may be cooperative, contrary to the conventional view. We find that when parties give an important value to their present and future bilateral relationships, they are prone to find solutions that are sustainable and profitable for both parties. Even acting according to their own self-interest, at the stage of renegotiation, parties try to maximise joint utility. In this way, they reinforce the durability of their relationship.

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  • de Brux, Julie, 2010. "The Dark and Bright Sides of Renegotiation: An Application to Transport Concession Contracts," Utilities Policy, Elsevier, vol. 18(2), pages 77-85, June.
  • Handle: RePEc:eee:juipol:v:18:y:2010:i:2:p:77-85
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    Cited by:

    1. Miranda Sarmento, J. & Renneboog, L.D.R., 2014. "Anatomy of Public-Private Partnerships : Their Creation, Financing, and Renegotiations," Discussion Paper 2014-017, Tilburg University, Center for Economic Research.
    2. Juli�n Sierra Tamayo & Jose Manuel Vassallo & María de los Ángeles Baeza, 2014. "Unbundling tolls from contracts: a new road PPP model," Public Money & Management, Taylor & Francis Journals, vol. 34(6), pages 447-451, November.
    3. Ruiz Diaz, Gonzalo, 2017. "The contractual and administrative regulation of public-private partnership," Utilities Policy, Elsevier, vol. 48(C), pages 109-121.
    4. Eduardo Engel & Ronald Fischer & Alexander Galetovic, 2015. "Soft Budgets and Renegotiations in Public-Private Partnerships: Theory and Evidence," Documentos de Trabajo 317, Centro de Economía Aplicada, Universidad de Chile.
    5. Nuno Ferreira da Cruz & Pedro Simões & Rui Cunha Marques, 2013. "The Hurdles of Local Governments with Ppp Contracts in the Waste Sector," Environment and Planning C, , vol. 31(2), pages 292-307, April.
    6. Engel, Eduardo M.R:A. & Fischer, Ronald & Galetovic, Alexander, 2019. "Soft budgets and endogenous renegotiations in transport PPPs: An equilibrium analysis," Economics of Transportation, Elsevier, vol. 17(C), pages 40-50.
    7. da Cruz, Nuno F. & Marques, Rui Cunha, 2013. "Mixed companies as local utilities," LSE Research Online Documents on Economics 59761, London School of Economics and Political Science, LSE Library.
    8. Cruz, Carlos Oliveira & Sarmento, Joaquim Miranda, 2018. "The price of project finance loans for highways," Research in Transportation Economics, Elsevier, vol. 70(C), pages 161-172.
    9. Miranda Sarmento, J.J. & Renneboog, Luc, 2016. "Anatomy of public-private partnerships : Creation, financing, and renegotiations," Other publications TiSEM dc944be7-8594-4439-90da-6, Tilburg University, School of Economics and Management.
    10. Bao, Fengyu & Martek, Igor & Chan, Albert P.C. & Chen, Chuan & Yang, Yang & Yu, Heng, 2023. "Assessing the public-private partnership handover: Experience from China's water sector," Utilities Policy, Elsevier, vol. 80(C).
    11. Dimas de Castro e Silva Neto & Carlos Oliveira Cruz & Joaquim Miranda Sarmento, 2017. "Understanding the patterns of PPP renegotiations for infrastructure projects in Latin America," Competition and Regulation in Network Industries, , vol. 18(3-4), pages 271-296, September.
    12. Jorge Valido, 2020. "Large Infrastructure Investments: Financing Mechanisms and Incentives in Decentralised Countries," Fiscal Studies, John Wiley & Sons, vol. 41(4), pages 905-921, December.
    13. Jensen, Olivia & Wu, Xun, 2017. "The hybrid model for economic regulation of water utilities: Mission impossible?," Utilities Policy, Elsevier, vol. 48(C), pages 122-131.
    14. Sarmento, Joaquim Miranda & Renneboog, Luc, 2021. "Renegotiating public-private partnerships," Journal of Multinational Financial Management, Elsevier, vol. 59(C).
    15. Jon Stern, 2012. "The relationship between regulation and contracts in infrastructure industries: Regulation as ordered renegotiation," Regulation & Governance, John Wiley & Sons, vol. 6(4), pages 474-498, December.
    16. Marques, Rui Cunha, 2017. "Why not regulate PPPs?," Utilities Policy, Elsevier, vol. 48(C), pages 141-146.
    17. Ricardo Ferreira Reis & Joaquim Miranda Sarmento, 2019. "“Cutting costs to the bone”: the Portuguese experience in renegotiating public private partnerships highways during the financial crisis," Transportation, Springer, vol. 46(1), pages 285-302, February.
    18. Huige Xing & Yuelin Li & Hongyang Li, 2020. "Renegotiation Strategy of Public-Private Partnership Projects with Asymmetric Information—An Evolutionary Game Approach," Sustainability, MDPI, vol. 12(7), pages 1-23, March.
    19. Feng, Zhuo & Zhang, Yiwen & Zhang, Shuibo & Song, Jinbo, 2018. "Contracting and renegotiating with a loss-averse private firm in BOT road projects," Transportation Research Part B: Methodological, Elsevier, vol. 112(C), pages 40-72.
    20. Arblaster, Margaret & Hooper, Paul, 2015. "Light handed regulation–Can it play a role in the developing world?," Transport Policy, Elsevier, vol. 43(C), pages 32-41.

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