Category: Economics for Business: Ch 21

On 26 November, the water industry regulator, Ofwat, published its decisions on the price caps that will apply to all the 21 water companies covering 23 areas in England and Wales from 2010 to 2015. Despite calling for average cuts of £14 in draft proposals released back in July, Ofwat is now requiring an average cut of just £3. This still means that average water prices will be some 10 per cent lower than those sought by the water companies. Note that all these figures are in real terms: i.e. after taking inflation (or deflation) into account.

But while customers in some areas will see their bills frozen in real terms, or even significantly cut, others will see a rise in theirs. The average price change varies from a fall of 7 per cent in Wales, East Anglia and Portsmouth to a rise of 13 per cent in Essex and Suffolk. There is also variation within regions, depending on factors such as whether or not you have a water meter. Thus, in the South West, customers without a meter could see a rise in bills of 29 per cent.

Not surprisingly, Ofwat’s decisions have received mixed reactions. The water companies claim that the price cap is too high to allow them to make the necessary investment in water infrastructure, such as replacing old pipes to cut down on leakages. Water customers, on the other hand, claim that Ofwat has been ‘captured’ by the industry and, as a result, has been much too lenient.

So who is right? And is the current system of 23 separate regional monopolies, regulated through price cap regulation, the best way of structuring and running the water industry? The following articles and videos look at the issues

Ofwat delivers flat bills for customers Ofwat news release (26/11/09)
Ofwat Publishes Its Decisions Regarding The Prices To Be Charged By Water And Sewerage Companies eGov Monitor (26/11/09)
Water prices to remain flat Financial Times, William MacNamara (26/11/09)
Water bills in England and Wales to be cut (including video) BBC News (26/11/09)
Water price cuts ‘could stop leak programmes’ BBC Today Programme (26/11/09)
The Big Question: Should water bills be going down even further than they are? Independent, Martin Hickman (27/11/09)
Water boys the winners with Ofwat? Independent, James Moore (27/11/09)
Households face higher than expected water bills Telegraph, Myra Butterworth (26/11/09)
There’s trouble in the pipeline as Ofwat boss fails to spot the cracks Telegraph, Damian Reece (27/11/09)
Water bills set to drop by only £3 a year Guardian, Tim Webb (26/11/09)
Regulator must find better way to fix water prices Guardian, Nils Pratley (26/11/09)
Water regulator bows to lobbying on bill price cuts (including video) Times Online, Peter Stiff (26/11/09)
Ofwat ruling on water bills will hit millions of unmetered homes Times Online, Robin Pagnamenta (27/11/09)
Water company shares buoyant after Ofwat ruling Guardian, Market Forces blog, Nick Fletcher (26/11/09)
Severn Trent leads water company shares higher after regulator’s review Telegraph (26/11/09)

The full report can be accessed from the Ofwat site at:
Final determinations on price limits Ofwat (26/11/09)

Questions

  1. Is price cap regulation of the RPI–X variety the best form of regulation? Explain with reference to both incentives and the issue of uncertainty.
  2. Explain whether water companies are natural monopolies.
  3. To what extent can competition be introduced into privatised utility industries as an alternative to regulation? Is increased competition a practical alternative to price cap regulation in the water industry?
  4. What are the arguments for and against installing water meters in each home so that people pay per litre used rather than paying a flat charge depending on the property value?
  5. Explain what is meant by ‘regulatory capture’. Is there evidence of regulatory capture in the water industry? Consider with respect to the November 26 ruling.

The problem with banks and the financial sector is that we need them. Who knows what might have happened if the government hadn’t stepped in to bail out the banks. And that’s one of the key arguments for continuing to pay bankers’ bonuses. If they left their jobs and the banks ceased to exist, we’d be looking at a very bleak future.

The truth is: ‘we need them’ and, what’s worse, they know it. As Frank Skinner said in a Times article: ‘during the crisis bankers will be thinking, “Don’t panic. The public have got short memories. Show them the slightest hint of recovery and most of them will forget their moral indignation and we can start where we left off – making the biggest splashes we can and not worrying about the ripples” ‘.

Despite the argument for continuing to pay out bonuses, a large proportion of the public are understandably angry that bankers are still receiving enormous bonuses. Not only are banks and the financial sector largely responsible for the current recession, but it is taxpayers who have bailed them out and who now pay their bonuses. However, things could be about to change.

The FSA is set to get powers, allowing it to ‘tear up’ bankers’ bonus contracts, especially for those taking reckless risks that threaten the stability of the financial sector. The new regulations will be found in the Financial Services Bill, which, if approved by Parliament, will apply to all British banks, as well as the British subsidiaries of overseas banks operating in the UK. Multi-million pound payments will be able to be blocked and fines will be imposed on banks who offer unjustified ‘mega-bucks pay-outs’.

Despite this impending regulation, not everyone thinks it will be successful. Sir George Mathewson, the former Chairman of RBS, has said that interfering with bankers’ contracts is a ‘dangerous route to go down’. Read the following articles that consider this contentious issue.

Bankers bonuses’ ‘will soar to £6bn’ after government bailouts and rising profits Times Online, Katherine Griffiths (21/10/09)
Bonus crackdown plans dangerous BBC News (16/11/09)
Financial regulation ‘has broken down’ BBC Today Programme (16/11/09)
Roger Bootle: Bank reform hasn’t gone far enough (video) BBC News (25/12/09)
FSA to get powers to tear up’ bankers’ bonus contracts Citywire, Nicholas Paler (16/11/09)
It’ll be tough for bankers on a £200k bonus Times Online, Frank Skinner (13/11/09)
Prince Andrew defends bankers’ bonuses even as economy stays mired in recession Mail Online, Kate Loveys (24/10/09)
Curb on bankers’ bonuses to be unveiled in Queens’ speech Mail Online (13/11/09)
Bankers warn laws on pay and bonuses will scare off talent Telegraph Angela Monaghan (13/11/09)
Labour to overturn bonus deals at risk-taking banks Guardian Patrick Wintour (13/11/09)
Banking on the State Guardian (17/11/09)
Queen outlines new banking laws BBC News (18/11/09)
Queen’s Speech: what the Financial Bill really means for bankers’ bonuses Telegraph, Tracy Corrigan (18/11/09)
Brown Puts Deficit Curbs, Bonus Limits on U.K. Agenda Bloomberg, Gonzalo Vina and Thomas Penny (18/11/09)
Queen’s speech 2009: financial services bill Guardian, Jill Treanor (18/11/09)

Questions

  1. What is meant by ‘regulation’ and what forms does it take?
  2. Why are banks and the financial services largely blamed for the current recession? Will financial regulation of bonuses prevent a repeat of the current crisis?
  3. What are the arguments for and against further regulation? Why does the former Chairman of RBS argue that cracking down on bonuses could be ‘dangerous’? Do you agree?
  4. Why are bankers paid so much? How is the equilibrium wage rate determined in this sector?
  5. Should bankers receive bonuses? Think about the incentive effect; the effect on productivity. What are the possible consequences for those working in banking of bonuses being reduced and possibly removed if they are deemed to threaten financial stability?

A major failing of free markets is the principal–agent problem. This is where one party to a transaction (normally the principal) has poorer information than the other (normally the agent). A good example of this is rogue traders from the building trade – “builders who overcharge or do shoddy work”. Often people are persuaded by doorstep sellers to have their drives resurfaced or their roofs felted or to have double glazing installed. But frequently, the unsuspecting homeowner (the principal to the transaction) has little knowledge of the quality of the work being offered by the builder (the agent). This asymmetry of information means that the homeowner could be taken in by clever selling or reassuring statements.

Another example is estate agents. A recent OFT study found that nearly a quarter of estate agents deliberately misdescribe the properties they are selling, either by exaggerating a property’s benefits or omitting to mention problems, or, in some cases, by downright lying.

So how are agents able to exploit principals and what can be done about it? Is the answer to have better regulation, or is there a market solution?

More complaints of rogue traders BBC News, Brian Milligan (14/11/09)
Rogue trader complaints on the up (video) BBC News, Brian Milligan (14/11/09)
Crackdown on rogue doorstep traders Press Association (16/11/09)
Estate agents ‘regularly lie to homebuyers’ Telegraph (12/11/09)
Lying estate agents confronted with home truths Times Online, Rebecca O’Connor (12/11/09)

A summary of the OFT campaign against rogue traders selling at the doorstep can be found at:
Doorstep selling campaign strategy Office of Fair Trading (16/11/09)
The relevant section of the OFT’s site is Doorstep selling
The government’s Consumer Direct agency has four relevant sections on its site:
Doorstep selling, Home Improvements, Buying a home in England and Wales and Buying a home in Scotland

Questions

  1. Give some other examples of the principal–agent problem. Are there any cases where it is the agent that has poorer information and is thus exploited by the principal?
  2. What can bodies such as the Office of Fair Trading and Consumer Direct do to lessen the problem? What factors determine their success?
  3. Discuss the relative merits of alternative solutions to the principal–agent problem.

It’s one of a declining number of UK-owned industries still left in the UK: Cadbury. However, over the past few years, mergers have become the norm and Cadbury looks set to become the next. Kraft, an American food giant, has been interested in taking over Cadbury for some time and this topic was covered on the Sloman Economics News Site at the beginning of September, when we considered Kraft’s bid of £10.2 billion. (see Cadbury: Chocolate all change). Since then Kraft shares have dropped in value and so Kraft’s current bid is now worth less: a hostile bid of £9.8 billion. This has been refused by Cadbury’s Board of Directors, calling it ‘derisory’.

From the time that Kraft’s bid was formally submitted, the stopwatch begins to tick. A 60-day period is allowed under the ‘takeover code’ which is in place to protect shareholders without resorting to a date in court. Following Kraft’s bid, Cadbury share prices immediately fell, but then began to recover as the implications became clearer. Other companies mentioned as potential rivals include Nestlé and Unilever, although, given Cadbury’s recent boost in sales, Unilever has said that it is no longer interested. So, what does the future hold for Cadbury? Will it be the latest in a long line of British companies to leave their UK owners?

Kraft’s Cadbury takeover bid will set 60-day timetabling ticking Guardian, Jill Treanor (9/11/09)
Kraft plays long game in Cadbury pursuit Reuters (9/11/09)
Cadbury rejects hostile Kraft bid BBC News (9/11/09)
Kraft facing 5pm deadline in battle for Cadbury Guardian, Julia Kollewa and Elena Moya (9/11/09)
Strong sales rise boosts Cadbury BBC News (21/10/09)
Cadbury rejects £9.8bn hostile bid from Kraft Guardian, Julia Kollewe (9/11/09)
Kraft may offer more cash in bid for Cadbury Telegraph, Amy Wilson (4/11/09)
Paulson raises Cadbury stake Guardian, Nick Fletcher(11/11/09)
Unilever rule out Cadbury bid as sales beat forecasts Telegraph, Amy Wilson (5/11/09)
Cadbury’s fight for independence BBC News, Edwin Lane (24/12/09)

Questions

  1. Kraft is looking to expand by taking over Cadbury. What type of takeover would you classify this as and what do you think Kraft’s motives are for this takeover bid?
  2. If Kraft is successful, what are the likely advantages and disadvantages for (a) consumers of Cadbury chocolate; (b) shareholders of Kraft; (c) shareholders of Cadbury; (d) competitiors?
  3. Cadbury has said that the £9.8bn bid was ‘derisory’. How will Kraft have decided on the price it’s willing to offer and what factors are likely to influence this?
  4. John Paulson has raised his stake in Cadbury by purchasing another 6.3m shares. What effect do you think this will have on Cadbury’s share price and why? Does this make the takeover by Kraft more or less likely?
  5. Is there a role for the Competition Commission in this possible takeover? If so, why; and if not, why not?
  6. Cadbury has reported a boost in sales. What effect will this have on the takeover bid from Kraft? Why has this sales boost caused Unilever to pull out?

On 11 November, the European Commission announced that it was imposing fines totalling €173 million on plastic additives producers for operating a price fixing and market sharing cartel. There were 24 companies involved in the cartel. As Competition Commissioner, Neelie Kroes, said, “These companies must learn the hard way that breaking the law does not pay and that repeat offenders will face stiffer penalties. The companies’ elaborate precautions to cover their tracks did not prevent the Commission from revealing the full extent of their determined efforts to rip-off their customers”.

An interesting feature of this particular case is that one of the companies fined is AC Treuhand, a Swiss-based consultancy company. It is not a plastics producer, but took on the role of organising the cartel. Neelie Kroes said that “the company’s Swiss premises were chosen for secret meetings of cartel participants as they were outside the EU and beyond the commission’s jurisdiction. This made it harder for the watchdog to seize documents.”

Antitrust: Commission fines plastic additives producers €173 million for price fixing and market sharing cartels Europa Press Release (11/11/09)
FACTBOX-EU fines heat stabilisers cartel 173 mln euros Reuters (11/11/09)
EU fines consultant for alleged cartel role Financial Times, Nikki Tait (11/11/09)
EU cartel fine for plastics firms BBC News (11/11/09)
EU fines plastics cartel euro173 million Forbes (11/11/09)

Questions

  1. What conditions must apply if a cartel is to succeed in raising prices? To what extent did these conditions apply to the plastic additives cartel?
  2. What powers does the European Commission have under Article 81 of the Treaty of Amsterdam? (See and also. See also page 369 in Sloman and Wride Economics 7th ed.)
  3. Are cartel activities necessarily against the interests of the consumer? Explain.