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Rail Franchises, Competition and Public Service

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Rail Franchises, Competition and Public Service. / Prosser, Tony; Butler, Luke.

In: Modern Law Review, Vol. 81, No. 1, 01.2018, p. 23-50.

Research output: Contribution to journalArticle

Harvard

Prosser, T & Butler, L 2018, 'Rail Franchises, Competition and Public Service', Modern Law Review, vol. 81, no. 1, pp. 23-50. https://doi.org/10.1111/1468-2230.12315

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Vancouver

Author

Prosser, Tony ; Butler, Luke. / Rail Franchises, Competition and Public Service. In: Modern Law Review. 2018 ; Vol. 81, No. 1. pp. 23-50.

Bibtex

@article{13935b5f12694a468d37dfbc1519c1f6,
title = "Rail Franchises, Competition and Public Service",
abstract = "The use of franchises to deliver rail services has raised major problems. Franchises restrict competition in the market, whilst competitive bidding for franchises has met with difficulties, notably in relation to risk transfer and the recent use of short-term contracts that have not been awarded competitively. Further, franchise agreements are detailed and highly stipulative and do not achieve the flexibility and opportunities for innovation originally intended. This reflects an underlying lack of trust resulting from the arrangements adopted on privatisation. By contrast, in Sweden regional services have been procured through contracts with limited risk transfer, and in Italy provision of services has been entrusted to a dominant operator with comparatively limited detailed service specifications; both seem to have been more successful. For the future in the UK, possibilities include greater use of competition, a return to public ownership, regionalisation, and the use of concessions with limited risk transfer to secure stability.",
keywords = "Competition, Rail transport, Public contracts, Comparative Law, Public service",
author = "Tony Prosser and Luke Butler",
year = "2018",
month = "1",
doi = "10.1111/1468-2230.12315",
language = "English",
volume = "81",
pages = "23--50",
journal = "Modern Law Review",
issn = "0026-7961",
publisher = "Wiley",
number = "1",

}

RIS - suitable for import to EndNote

TY - JOUR

T1 - Rail Franchises, Competition and Public Service

AU - Prosser, Tony

AU - Butler, Luke

PY - 2018/1

Y1 - 2018/1

N2 - The use of franchises to deliver rail services has raised major problems. Franchises restrict competition in the market, whilst competitive bidding for franchises has met with difficulties, notably in relation to risk transfer and the recent use of short-term contracts that have not been awarded competitively. Further, franchise agreements are detailed and highly stipulative and do not achieve the flexibility and opportunities for innovation originally intended. This reflects an underlying lack of trust resulting from the arrangements adopted on privatisation. By contrast, in Sweden regional services have been procured through contracts with limited risk transfer, and in Italy provision of services has been entrusted to a dominant operator with comparatively limited detailed service specifications; both seem to have been more successful. For the future in the UK, possibilities include greater use of competition, a return to public ownership, regionalisation, and the use of concessions with limited risk transfer to secure stability.

AB - The use of franchises to deliver rail services has raised major problems. Franchises restrict competition in the market, whilst competitive bidding for franchises has met with difficulties, notably in relation to risk transfer and the recent use of short-term contracts that have not been awarded competitively. Further, franchise agreements are detailed and highly stipulative and do not achieve the flexibility and opportunities for innovation originally intended. This reflects an underlying lack of trust resulting from the arrangements adopted on privatisation. By contrast, in Sweden regional services have been procured through contracts with limited risk transfer, and in Italy provision of services has been entrusted to a dominant operator with comparatively limited detailed service specifications; both seem to have been more successful. For the future in the UK, possibilities include greater use of competition, a return to public ownership, regionalisation, and the use of concessions with limited risk transfer to secure stability.

KW - Competition

KW - Rail transport

KW - Public contracts

KW - Comparative Law

KW - Public service

UR - http://www.scopus.com/inward/record.url?scp=85040514736&partnerID=8YFLogxK

U2 - 10.1111/1468-2230.12315

DO - 10.1111/1468-2230.12315

M3 - Article

VL - 81

SP - 23

EP - 50

JO - Modern Law Review

JF - Modern Law Review

SN - 0026-7961

IS - 1

ER -