The rise of “open access” competition in Europe: which role for a new European regulatory authority ?
Résumé
The 2011 white paper - roadmap to a Single European Transport Area: towards a competitive and resource efficient transport system - is setting up the framework for a modal transfer of passengers and freight transport towards rail transport which is safer, less CO2 dependant and mass transit oriented than road transport. To achieve this single European rail market, infrastructure improvements (ERTMS, TEN) and implementing competition are the cornerstone of the European transport policy. In this framework, “open access” competition has recently gained considerable importance, especially in the high speed train market in Europe. Incumbent operators are crossing
boundaries and operating in neighbouring countries, like Trenitalia on the Paris – Lyon high speed line, OUIGO SNCF in Spain, RENFE on Lyon – Marseille – Barcelona relation. These development raise critical issues both on the issues on profitability in a long term perspective but also in terms of anti-trust policy as barriers to entry, discrimination and race to the bottom in terms of price can prevent newcomers to enter the market or incumbent operator to make profits in foreign rail operations. Recent trends in both direction show the extreme fragility ofopen access competition. Could a European rail regulation agency be necessary to analyse these issues and propose solutions? The authors list the current problems in terms of uncertainties in open access competition and anti-trust actions of the EU and confirm the necessity to investigate this new step in the great European rail reform. Recommendations will be proposed in the final part of the chapter.