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Deregulatory Takings and the Regulatory Contract

Author

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  • Sidak,J. Gregory
  • Spulber,Daniel F.

Abstract

This 1998 book addresses deregulatory policies that threaten to reduce or destroy the value of private property in network industries without any accompanying payment of just compensation, policies that are termed 'deregulatory takings'. The authors further consider the problem of renegotiation of the regulatory contract, which changes the terms and conditions of operation of utility companies. They argue that constitutional protections of private property from takings, as well as efficient remedies for contractual breach, provide the proper foundation for the competitive transformation of the network industries. The benefits of competition do not stem from government regulations that redistribute income from utility investors to customers, nor do such benefits stem from regulatory policies for network access that promote free riding on incumbent facilities by entrants. Such actions represent a new version of increased regulation, not deregulation.

Suggested Citation

  • Sidak,J. Gregory & Spulber,Daniel F., 1998. "Deregulatory Takings and the Regulatory Contract," Cambridge Books, Cambridge University Press, number 9780521658713, April.
  • Handle: RePEc:cup:cbooks:9780521658713
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    Cited by:

    1. McDaniel, Tanga M. & Groothuis, Peter A., 2012. "Retail competition in electricity supply—Survey results in North Carolina," Energy Policy, Elsevier, vol. 48(C), pages 315-321.
    2. Raffaele Fiocco, 2012. "Competition and regulation with product differentiation," Journal of Regulatory Economics, Springer, vol. 42(3), pages 287-307, December.
    3. Fiocco Raffaele, 2013. "The Optimal Institutional Design of Vertically Related Markets with Unknown Upstream Costs," Review of Network Economics, De Gruyter, vol. 12(2), pages 183-210, June.
    4. Gual, Jordi, 2002. "Regulatory change in network industries: The Spanish experience," IESE Research Papers D/478, IESE Business School.
    5. Birke, Franziska, 2007. "Universaldienstregulierung in der Telekommunikation heute: Herausforderungen, Chancen und Risiken ; ein historischer Ansatz," Discussion Papers 114, University of Freiburg, Institute for Transport Economics and Regional Policy.
    6. Woo, Chi-Keung & Horowitz, Ira & Tishler, Asher, 2006. "A critical assessment of the Hong Kong Government's proposed post-2008 regulatory regime for local electricity utilities," Energy Policy, Elsevier, vol. 34(13), pages 1451-1456, September.
    7. Baranes, Edmond & Bourreau, Marc, 2005. "An Economist's Guide to Local Loop Unbundling," MPRA Paper 2440, University Library of Munich, Germany.
    8. Kenneth Fjell & Debashis Pal & David Sappington, 2013. "On the performance of endogenous access pricing," Journal of Regulatory Economics, Springer, vol. 44(3), pages 237-250, December.
    9. IKEDA Nobuo, 2003. "The Unbundling of Network Elements: Japan's Experience," Discussion papers 03023, Research Institute of Economy, Trade and Industry (RIETI).
    10. Ochoa, Patricia, 2007. "Policy changes in the Swiss electricity market: Analysis of likely market responses," Socio-Economic Planning Sciences, Elsevier, vol. 41(4), pages 336-349, December.
    11. Madden, Gary & Bohlin, Erik & Ahmad, Hasnat & Tran, Thien, 2013. "OECD unbundled local loop pricing," Telecommunications Policy, Elsevier, vol. 37(11), pages 1033-1045.
    12. Woo, C.K. & Cheng, Y.S. & Law, A. & Zarnikau, J. & Ho, S.T. & Leung, H.Y., 2015. "Consumer support for a public utilities commission in Hong Kong," Energy Policy, Elsevier, vol. 76(C), pages 87-97.
    13. J.A. den Hertog, 2010. "Review of economic theories of regulation," Working Papers 10-18, Utrecht School of Economics.

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