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THE REGULATORY FRAMEWORK IN ICELAND Douglas Sutherland, Economics Department OECD 13 January 2016, Reykjavik

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Page 1: the regulatory framework in iceland...entrepreneurship Explicit barriers to trade and investm. Regulatory protection of incum-bents . Involve-ment in business ... consumers & environment,

THE REGULATORY FRAMEWORK IN ICELAND Douglas Sutherland, Economics Department OECD 13 January 2016, Reykjavik

Page 2: the regulatory framework in iceland...entrepreneurship Explicit barriers to trade and investm. Regulatory protection of incum-bents . Involve-ment in business ... consumers & environment,

– Background from 2015 OECD Economic

Survey of Iceland

– Policy and regulatory settings drawn from the Product Market Regulation database

– OECD Global Forum on Productivity

Page 3: the regulatory framework in iceland...entrepreneurship Explicit barriers to trade and investm. Regulatory protection of incum-bents . Involve-ment in business ... consumers & environment,

2015 OECD Economic Survey of Iceland

Page 4: the regulatory framework in iceland...entrepreneurship Explicit barriers to trade and investm. Regulatory protection of incum-bents . Involve-ment in business ... consumers & environment,

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2000 02 04 06 08 10 12 14

Growth rate (%) Growth rate (%)

4

Labour productivity growth has slowed

Source: OECD, Analytical and Economic Outlook databases; Labour Force Statistics and Productivity databases.

Page 5: the regulatory framework in iceland...entrepreneurship Explicit barriers to trade and investm. Regulatory protection of incum-bents . Involve-ment in business ... consumers & environment,

• Competition can boost productivity

• Icelandic Competition Act is well founded

• Limits to competition in small open economies – e.g. economies of scale

Competition policy in a small open economy

Page 6: the regulatory framework in iceland...entrepreneurship Explicit barriers to trade and investm. Regulatory protection of incum-bents . Involve-ment in business ... consumers & environment,

6

Barriers to entrepreneurship are high

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Note: Index scale of 0-6 from least to most restrictive. Source: OECD, Product Market Regulation indicators database. The OECD Indicators of Product Market Regulation (PMR) are a comprehensive and internationally-comparable set of indicators that measure the degree to which policies promote or inhibit competition in areas of the product market where competition is viable.

Page 7: the regulatory framework in iceland...entrepreneurship Explicit barriers to trade and investm. Regulatory protection of incum-bents . Involve-ment in business ... consumers & environment,

7

Less than half of students finish high school on time

Note: Successful completion of upper secondary programs within the set time needed to complete. Source: OECD, Education at a Glance 2014

O

0102030405060708090100

0102030405060708090

100

KOR

JPN IRL

SVK

ISR

USA

GRC

HUN

EST

POL

SVN

CAN

SWE

TUR

OECD AU

TBE

LFI

NNZ

LGB

R ITA

CHL

MEX

NLD

ESP

DNK

FRA

NOR ISL

% %

Page 8: the regulatory framework in iceland...entrepreneurship Explicit barriers to trade and investm. Regulatory protection of incum-bents . Involve-ment in business ... consumers & environment,

• Create a productivity commission

• Lower legal barriers to entry and regulatory procedures

• Use the OECD’s Competition Assessment Toolkit

• Support students who are vulnerable to dropping out

8

Adopt a productivity-friendly agenda

Page 9: the regulatory framework in iceland...entrepreneurship Explicit barriers to trade and investm. Regulatory protection of incum-bents . Involve-ment in business ... consumers & environment,

Product Market Regulation

Page 10: the regulatory framework in iceland...entrepreneurship Explicit barriers to trade and investm. Regulatory protection of incum-bents . Involve-ment in business ... consumers & environment,

The economy-wide PMR indicator aggregates information by regulatory theme.

Scope of SOEs

Gov’t in-volvem. in netw. sect.

Direct control

Govern. of SOEs

Licenses and permits

system

Communi- cation and simplific.

of rules and procedures

Admin. burdens for

Corporations

Admin. burdens for sole propr.

firms

Barriers in services sectors

Legal barriers

Antitrust exemptions

Barriers in network sectors

Barriers to FDI

Tariff barriers

Differen-tial

treatm. of foreign suppliers

Barriers to trade facilita-

tion

Product market regulation

Price controls

Use of command

and control

regulation

State control

Other barriers to trade and investm.

Complexi-ty of regul.

proce-dures

Barriers to trade and investment

Barriers to entrepreneurship

Explicit barriers to trade and investm.

Regulatory protection of incum-

bents

Involve-ment in business

operations

Public ownership

Admin. burdens

on start-ups

Page 11: the regulatory framework in iceland...entrepreneurship Explicit barriers to trade and investm. Regulatory protection of incum-bents . Involve-ment in business ... consumers & environment,

The 2013 reveals a fair degree of heterogeneity across countries

Economy-wide PMR indicator Index scale 0 to 6 from least to most restrictive

0

0,5

1

1,5

2

2,5

3

NLD

G

BR

A

UT

DE

U

DN

K

ITA

A

US

N

ZL

FIN

P

RT

HU

N

SV

K

ES

T C

AN

B

EL

CZE

LU

X

FRA

IR

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SP

IS

L C

HL

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R

CH

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LTU

JP

N

SW

E

MLT

B

GR

LV

A

PO

L C

YP

GR

C

RO

M

SV

N

KO

R

ME

X

ZAF

HR

V

ISR

R

US

TU

R

BR

A

CH

N

Barriers to trade and investment Barriers to entrepreneurship State control

Page 12: the regulatory framework in iceland...entrepreneurship Explicit barriers to trade and investm. Regulatory protection of incum-bents . Involve-ment in business ... consumers & environment,

The PMR scores for Iceland

Page 13: the regulatory framework in iceland...entrepreneurship Explicit barriers to trade and investm. Regulatory protection of incum-bents . Involve-ment in business ... consumers & environment,

Sub indicators for the barriers to entrepreneurship indicator

0

1

2

3

4

5

0

1

2

3

4

5

For corporations For soleproprietor firms

In servicessectors

Licences andpermits system

Rules andprocedures²

Legal barriers Antitrustexemptions³

Barriers innetwork sectors

Administrative burdens on startups Complexity of regulatoryprocedures

Regulatory protection of incumbents

Iceland

OECD¹

Page 14: the regulatory framework in iceland...entrepreneurship Explicit barriers to trade and investm. Regulatory protection of incum-bents . Involve-ment in business ... consumers & environment,

14

Biggest differences are with the regulatory and legal barriers

0

1

2

3

4

5

0

1

2

3

4

5

Licences and permitssystem

Rules and procedures²

Administrative burdens onstartups

Complexity of regulatory procedures Legal barriers

Iceland OECD¹

1. The OECD aggregate is an average of data available (25-30 countries depending on the year covered). 2. Communication and simplification of rules and procedures.

Source: OECD, Product Market Regulation database.

Page 15: the regulatory framework in iceland...entrepreneurship Explicit barriers to trade and investm. Regulatory protection of incum-bents . Involve-ment in business ... consumers & environment,

0,0

0,5

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2,0

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3,5

GBR

SW

E CH

L AU

S N

ZL

EST

DNK

RUS

BGR

IRL

NLD

CZ

E DE

U

LVA

HRV

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FIN

RO

U

LTU

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E SV

N

AUT

MLT

PR

T PO

L CA

N

ESP

NO

R IT

A KO

R G

RC

JPN

FR

A HU

N

IND ISL

MEX

CH

N

BEL

LUX

ZAF

BRA

TUR

ISR

Barriers in services sectors

Barriers in network sectors

Legal barriers to entry

Differences with respect to other regulatory barriers to competition

PMR indicator on barriers in network and services sectors and legal entry barriers Index scale 0 to 6 from least to most restrictive

Page 16: the regulatory framework in iceland...entrepreneurship Explicit barriers to trade and investm. Regulatory protection of incum-bents . Involve-ment in business ... consumers & environment,

0,0

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1,0

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2,0

2,5

3,0

3,5

4,0

4,5

5,0

1998 2003 2008 2013

On average in the OECD, legal barriers to entry have fallen

Barriers in services sectors

Barriers in network sectors

Legal barriers to entry

1. To ensure comparability over time, only OECD countries for which data are available for all years are taken into account.

PMR indicator on barriers in network and services sectors and legal entry barriers Index scale 0 to 6 from least to most restrictive

Page 17: the regulatory framework in iceland...entrepreneurship Explicit barriers to trade and investm. Regulatory protection of incum-bents . Involve-ment in business ... consumers & environment,

OECD Global Forum on Productivity

Page 18: the regulatory framework in iceland...entrepreneurship Explicit barriers to trade and investm. Regulatory protection of incum-bents . Involve-ment in business ... consumers & environment,

• Established late 2015 – Already 13 countries in steering group

• Share best practice • Share data on results of policies • Support policy-orientated analysis

• High-level meeting, workshops, dedicated

web portal, working papers

OECD Global Forum on Productivity

Page 19: the regulatory framework in iceland...entrepreneurship Explicit barriers to trade and investm. Regulatory protection of incum-bents . Involve-ment in business ... consumers & environment,

Thank you for your attention

[email protected]

Page 20: the regulatory framework in iceland...entrepreneurship Explicit barriers to trade and investm. Regulatory protection of incum-bents . Involve-ment in business ... consumers & environment,

Additional slides

Page 21: the regulatory framework in iceland...entrepreneurship Explicit barriers to trade and investm. Regulatory protection of incum-bents . Involve-ment in business ... consumers & environment,

Methodologies and strategies used to construct the PMR indicators.

• Economy-wide regulation (PMR) • Regulation in telecoms, electricity, gas, post, rail, air passenger

transport, road transport, retail trade and professional services (NMR) Scope

What are the OECD’s indicators on product market regulation? • Enhancing the knowledge of regulatory practices in OECD and non-OECD countries

• Quantifying a country’s regulatory stance and track reform progress over time

• Investigating their link with economic performance.

Aim

• The indicators capture foremost de jure regulatory settings • The implementation and enforcement of regulations and the associated

institutional framework are not covered by the PMR and NMR

Policy setting

• Countries: 34 OECD countries and 21 non-OECD countries • Years: 1998, 2003, 2008, 2013 (for regulation in network sectors: 1975

to 2013) Coverage

Page 22: the regulatory framework in iceland...entrepreneurship Explicit barriers to trade and investm. Regulatory protection of incum-bents . Involve-ment in business ... consumers & environment,

How do we proceed from data collection to computing the final indicator value?

• OECD countries: Questionnaire sent out to governments

• Non-OECD countries: Questionnaire sent out to governments or local consultants

• Internal consis-tency check

• Cross-check with external data-bases

• OECD staff (with educa-tional back-ground/work experience in the area of product market regulation

Data collection Data

verification • Qualitative

information coded by assigning numerical values to each reply

• Quantitative information divided into classes using thresholds

Coding of data

• Normalization over 0 to 6 scale, from least to most restrictive

• Aggregation into higher-level indicators based on equal weights

Data aggregation

• Database and indicator scores presented to delegates at WP1 meeting

Peer review

Page 23: the regulatory framework in iceland...entrepreneurship Explicit barriers to trade and investm. Regulatory protection of incum-bents . Involve-ment in business ... consumers & environment,

Regulation can hamper productivity

Source - Arnold, J., Nicoletti, G. and Scarpetta, S. (2011). “Does anti-competitive regulation matter for productivity? Evidence from European firms”. IZA Discussion Paper No. 5511.

Increase in multi-factor productivity compared to regulatory stance

Fast

er g

row

ing

More regulated

Page 24: the regulatory framework in iceland...entrepreneurship Explicit barriers to trade and investm. Regulatory protection of incum-bents . Involve-ment in business ... consumers & environment,

The indicators on sector regulation aggregate information by sector – network sectors

Energy

Electricity

Entry regulation

Public

ownership

Vertical integration

Market

structure

Gas

Transport Communication

Post Telecom Air Road Rail

Entry regulation

Public

ownership

Vertical integration

Market

structure

Entry regulation

Public

ownership

Entry regulation

Public

ownership

Vertical integration

Market

structure

Entry regulation

Price

controls

Entry regulation

Public

ownership

Market structure

Entry regulation

Public

ownership

Market structure

ETCR

Page 25: the regulatory framework in iceland...entrepreneurship Explicit barriers to trade and investm. Regulatory protection of incum-bents . Involve-ment in business ... consumers & environment,

Countries displayed different extents of regulatory reform over the period 2008-13

Economy-wide PMR indicator Index scale 0 to 6 from least to most restrictive

0,0

0,5

1,0

1,5

2,0

2,5

3,0

3,5

4,0

NLD

U

SA

G

BR

A

UT

DE

U

DN

K

ITA

A

US

N

ZL

FIN

P

RT

HU

N

SV

K

ES

T C

AN

B

EL

CZE

LU

X

FRA

IR

L E

SP

IS

L C

HL

NO

R

CH

E

JPN

S

WE

P

OL

GR

C

SV

N

KO

R

ME

X

ZAF

IDN

IS

R

RU

S

TUR

B

RA

C

HN

IN

D

2013 2008

Page 26: the regulatory framework in iceland...entrepreneurship Explicit barriers to trade and investm. Regulatory protection of incum-bents . Involve-ment in business ... consumers & environment,

Information on competition law and policy is aggregated in two different ways.

Indepen-dence

Governance

Electricity Gas Ports Telecom Airports Rail

Scope of action

Account-ability

Instruc-tions

Staff

Budget

… … …

… … … … … … … … … … … …

… … … …

Page 27: the regulatory framework in iceland...entrepreneurship Explicit barriers to trade and investm. Regulatory protection of incum-bents . Involve-ment in business ... consumers & environment,

The information on competition law and policy is aggregated in two different ways.

Competencies

Sanctions/ remedies

Powers to investigate

Horizontal agreements

Vertical agreements

Mergers

Independence

Private enforcement

Exclusionary conducts

Accountability

Procedural fairness

Advocacy

Scope of action Policy on anti-comp. behaviour

Probity of investigation Advocacy

Indicator set 1

Indicator set 2

Page 28: the regulatory framework in iceland...entrepreneurship Explicit barriers to trade and investm. Regulatory protection of incum-bents . Involve-ment in business ... consumers & environment,

The independence of economic regulators

0,0

0,5

1,0

1,5

2,0

2,5

3,0

3,5

4,0

4,5

DE

U

ITA

TU

R

KO

R

GR

C

HU

N

SV

K

IRL

CA

N

ES

P

CZE

FR

A

ISR

C

HE

D

NK

P

OL

ES

T LU

X

PR

T JP

N

SV

N

NZL

A

UT

NLD

FI

N

BE

L S

WE

M

EX

C

HL

GB

R

ISL

AU

S

NO

R

Elecricity Gas Telecom Rail transport Airports Ports

Index scale 0 to 6 from most to least independent

Page 29: the regulatory framework in iceland...entrepreneurship Explicit barriers to trade and investm. Regulatory protection of incum-bents . Involve-ment in business ... consumers & environment,

0,0

0,5

1,0

1,5

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3,0

3,5

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ES

P

FRA

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BR

P

RT

NZL

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US

M

EX

C

AN

IR

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G

RC

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OL

DE

U

JPN

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UN

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VK

A

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N

CH

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R

LUX

C

HL

DN

K

ISL

KO

R

CZE

TU

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ISR

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ST

Elecricity Gas Telecom Rail transport Airports Ports

The accountability of economic regulators

Index scale 0 to 6 from most to least accountable

Page 30: the regulatory framework in iceland...entrepreneurship Explicit barriers to trade and investm. Regulatory protection of incum-bents . Involve-ment in business ... consumers & environment,

0,0

0,5

1,0

1,5

2,0

2,5

3,0

3,5

4,0

4,5

GB

R

ITA

P

OL

NLD

K

OR

S

VK

IS

L G

RC

IR

L FI

N

HU

N

PR

T C

AN

M

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FR

A

TUR

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UT

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EU

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AU

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OR

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Elecricity Gas Telecom Rail transport Airports Ports

The scope of action of economic regulators

Index scale 0 to 6 from most to least scope of action

Page 31: the regulatory framework in iceland...entrepreneurship Explicit barriers to trade and investm. Regulatory protection of incum-bents . Involve-ment in business ... consumers & environment,

http://www.oecd.org/eco/pmr

Further information can be found on the PMR webpage.

Page 32: the regulatory framework in iceland...entrepreneurship Explicit barriers to trade and investm. Regulatory protection of incum-bents . Involve-ment in business ... consumers & environment,

Competition Assessment Toolkit

Page 33: the regulatory framework in iceland...entrepreneurship Explicit barriers to trade and investm. Regulatory protection of incum-bents . Involve-ment in business ... consumers & environment,

Regulation

Markets do not always operate efficiently, need for state intervention = regulation

Correctly designed regulation has very important beneficial effects for society (protection for consumers & environment, health & safety, etc.)

Rules and regulations typically have desirable socio-economic objectives

BUT • badly designed regulation can also distort competition

33

Page 34: the regulatory framework in iceland...entrepreneurship Explicit barriers to trade and investm. Regulatory protection of incum-bents . Involve-ment in business ... consumers & environment,

In specific circumstances, rules and regulations have the potential to cause harm to the efficient functioning of markets, by preventing new firms entering a market or altering the ability and incentives of firms to compete

We do not question the socio-economic values

Our objective: assess the effects of the regulations on – Extent of competition in the markets – Incentives for firms to engage in innovative activity – Potential for growth of the markets – The usefulness or purpose of the regulation itself

Regulations and their impact on markets

34

Page 35: the regulatory framework in iceland...entrepreneurship Explicit barriers to trade and investm. Regulatory protection of incum-bents . Involve-ment in business ... consumers & environment,

• The objective is to assess the effect of regulation on – Extent of competition in the markets – Incentives for firms to engage in innovative activity – Potential for growth of the markets – The (unintended) effect on consumers

A different way of stating the objectives – We want to avoid restricting competition when making

policy – Better to address concerns related to competition and

innovation before a policy is enacted • Vested interest-groups may make later corrections rather

difficult

Why competition assessment?

35

Page 36: the regulatory framework in iceland...entrepreneurship Explicit barriers to trade and investm. Regulatory protection of incum-bents . Involve-ment in business ... consumers & environment,

Why the emphasis on assessments? • Some of the factors relate to

– Increasing realisation that markets may work reasonably well in many industries that traditionally have been heavily regulated

– Change in technology and market conditions warrant re-evaluation of many types of regulations

– Improved quality of regulations may lead to national economies becoming more competitive and innovative, and domestic firms being in a better position to compete globally

• The assessment process involves revision and improvement and should lead to positive change

36

Page 37: the regulatory framework in iceland...entrepreneurship Explicit barriers to trade and investm. Regulatory protection of incum-bents . Involve-ment in business ... consumers & environment,

Competition assessment: examples

Review of existing legislation in Mexico • Multi-year project to improve competitiveness in cooperation with the

OECD • 4 sectors with widespread impacts on competitiveness selected for review • 11 sectors with significant consumer expenditure selected for review • 4 additional areas of cross-sectoral regulation with a high impact on

competitiveness also examined.

Australia review of laws and regulations resulting in substantial restrictions on competition • Over 1800 laws and regulations reviewed over 5 years

Greece Competition Assessment • Approximately 1000 pieces of legislation touching 4 sectors (food

processing, retail trade, building materials, tourism) were reviewed

Page 38: the regulatory framework in iceland...entrepreneurship Explicit barriers to trade and investm. Regulatory protection of incum-bents . Involve-ment in business ... consumers & environment,

Reviewed 4 sectors in Greece, totalling 21% of GDP, in 2013

Sector: Food processing

Retail trade

Building materials Tourism Horizontal

legislation Total

Pieces of legislation examined

100 210 46 132 67 555

Recommended for change

54 129 32 76 38 329

Page 39: the regulatory framework in iceland...entrepreneurship Explicit barriers to trade and investm. Regulatory protection of incum-bents . Involve-ment in business ... consumers & environment,

OECD Recommendations for reform valued at €5.2bn annually for Greece Issue Annual Benefit Number of

provisions affected

Value, €m

“Fresh” milk €33m (consumer benefit/year) 2 33

Levy on flour €8m-11m (value of levy/year) 1 8

Sunday trading €2.5bn (annual expenditure), plus 30,000 new jobs 3 2 500

Sales and discounts €740m (annual turnover) 9 740 Over the Counter pharmaceuticals €102m (consumer benefit/year) 23 102

Marinas €2.3m (annual turnover) 10 2

Cruise business €65m (annual turnover) 4 65

Advertising €1.8b (consumer benefit/year) 14 1 800

Everything else ??? 263 ???

Total: €5.2bn + ???