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Symposium
                 “Neither Public nor Private:
       Mixed Forms of Service Delivery around the Globe”

                       May 17-18, 2012
         School of Economics, Universitat de Barcelona


       Explaining Partial Privatization:
The Emergence of Mixed Ownership Water Firms
           in Italy (1990's-2000's)

                 Dr Alberto Asquer
             Lecturer of Business Strategy and Policy
                      Faculty of Economics
                    University of Cagliari, Italy
                         aasquer@unica.it

                         Visiting Fellow
           Robert Schuman Centre for Advanced Studies
                  Florence School of Regulation
                   European University Institute
1. Introduction
 Why do mixed ownership firms (MOF) for the provision of public
 services emerge?

 An answer is that MOF are selected among other design
 options (e.g., full public ownership or full private ownership)
 because they are expected to outperform other forms of public
 service delivery.

 However,
 a) do MOF really outperform other forms of public service
 delivery?

 b) do policymakers make design decisions for the provision of
 public services according to performance maximising criteria?

 c) if both answers to a) and b) are “yes”, then why aren't MOF
 more diffused than we actually observe?
1. Introduction
 MOF may result from the combined effect of various factors but
 efficiency effects and concerns, such as features of the
 decision-makers, status quo conditions, and particular historical
 context circumstances.

 This work contains an exploratory case study of the
 implementation stage of the policy cycle to privatize Italy's
 (drinking and waste) water sector in 1990's and 2000's.

 Initial conditions included (a) diffuse public ownership of water
 firms in various forms (municipal departments, municipal firms,
 consortia, etc.) and (b) high fragmentation of the water industry.

 Terminal conditions included (a) public ownership retained in
 about two thirds of water firms, (b) MOF in about one fourth of
 water firms, and (c) private ownership of a few firms.
2. Theoretical background
Privatization is conceived as a component of “pro-market”
regulatory reforms, i.e., transformative regulatory reforms that
aim to radically reconfigure the regulation of entire sectors of the
economy by exposing incumbent operators to competitive
pressures, including opening up the possibility to acquire
ownership and control of key assets (e.g., infrastructure) to
companies or private investors.

Landy et al.'s (2007) Creating Competitive Markets: The Politics
of Regulatory Reform highlighted sources of resistance to the
making of competitive markets, including “governmental
protectionism” when public service providers oppose the
opening up of private sector participation to the delivery of
public services.

What about the role of sub-national governments as direct
providers of public services?
3. The privatization of the water sector in Italy (1990's-2000's)
  1994                     2001 reform          2003 reform
  water                   of local public      of local public
 reform                       services             services


             Generally, no award of water          Some award           Increased number of
                      franchises                     of water             awards of water
                                                    franchises               franchises

                       Water districts where especially municipal water firms operated

   Award of water franchise to                       Various               Some awards
  MOF in Alto Valdarno, Tuscany                      awards                   of water
                                                     of water               franchises
                                                   franchises                 to MOF
                                                     to MOF


                                                                           Various awards
                                                                                of water
                                                                              franchises
                                                                         to “in house” firms


          1994             1999             2001                 2003                     2009
3. The privatization of the water sector in Italy (1990's-2000's)
  1994                     2001 reform          2003 reform
  water                   of local public      of local public
 reform                       services             services


             Generally, no award of water          Some award           Increased number of
                      franchises                     of water             awards of water
                                                    franchises               franchises

                       Water districts where especially municipal water firms operated

   Award of water franchise to                       Various               Some awards
  MOF in Alto Valdarno, Tuscany                      awards                   of water
                                                     of water               franchises
                                                   franchises                 to MOF
                                                     to MOF


                                                                           Various awards
                                                                                of water
                                                                              franchises
                                                                         to “in house” firms


          1994             1999             2001                 2003                     2009
4. Explaining the privatization of the water sector in Italy
Explaining the general pattern of no privatization in 1994-2001:

a) Features of the water district governance system (i.e., the
decision to award water franchises was made by local
governments), related to (i) features of the water reform statute
and (ii) features of legislation on public service provision;

b) Features of the water industry (i.e., local governments owned
and controlled local water services and water-related jobs and
public contracts were generally important for building support of
clienteles in the local politics)

c) Features of the water reform statute (i.e., water franchises
should be awarded to either private firms or MOF for serving
water districts larger than local governments' jurisdictions)

d) Features of territorial organization of water services (i.e.,
generally highly fragmented at local government level).
4. Explaining the privatization of the water sector in Italy
Explaining privatization in Alto Valdarno in 1994-1999:

Distinguishing conditions in Alto Valdarno

a) Previous events (before 1994) included negotiated agreement
to consolidate and partially privatize water service provision
managed by local municipal firms;

b) Regional and local government politicians of the dominant
Democratici di Sinistra party held favorable positions towards
MOF as a way of regulating local public services;

Distinguishing conditions shared with other parts of Italy

c) Executives of water municipal firms, that enjoyed more
autonomy than managers of water municipal departments,
championed the transformation into MOF.
4. Explaining the privatization of the water sector in Italy
Explaining privatization into MOF in 2001-2003:

a) Previous events (privatization in Alto Valdarno) provided
supportive evidence for the viability and beneficial effects of
MOF channelled through a policy network of water professionals
(i.e., local governments could share ownership of larger water
firms while retaining some influence on water-related activities)
(diffusion of ideas);

b) The 2001 local public services reform had changed some
design features of the water reform, especially providing
compulsory full privatization apart from the possibility to award
water franchises to MOF within 18 months deadline (opportunity
and threat);

c) Executives of water municipal firms, that enjoyed more
autonomy than managers of water municipal departments,
championed the transformation into MOF.
4. Explaining the privatization of the water sector in Italy
Explaining awards to “in house” firms from 2003 onwards:

a) Features of the water industry (i.e., local governments owned
and controlled local water services and water-related jobs and
public contracts were generally important for building support of
clienteles in the local politics);

b) The 2003 local public services reform had again changed
some design features of the water reform, especially providing
the option to either fully privatize water service provision or
award water franchises to “in house” firms (opportunity);

c) Where local water services were provided by municipal
departments, local governments preferred to keep shared close
control of water service provisions while organizational features
were not favorable to MOF.
5. Conclusions
Historical context conditions play an important role in the
emergence of MOF for the delivery of public services.

Relevant conditions include:

a) Initial condition of public ownership in the form of municipal
firms rather than municipal department;

b) Past events that already formed negotiated agreements about
privatizing public services in the form of MOF;

c) An active policy network of public service professionals that
help diffusing ideas about the viability and beneficial effects of
MOF for the provision of public services.

d) Changing reform statutes that open up opportunities to retain
and/or threats to lose influence on the public services.
Thank you

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Explaining partial privatization: the emergence of mixed ownership water firms in Italy (1994-2009)

  • 1. Symposium “Neither Public nor Private: Mixed Forms of Service Delivery around the Globe” May 17-18, 2012 School of Economics, Universitat de Barcelona Explaining Partial Privatization: The Emergence of Mixed Ownership Water Firms in Italy (1990's-2000's) Dr Alberto Asquer Lecturer of Business Strategy and Policy Faculty of Economics University of Cagliari, Italy aasquer@unica.it Visiting Fellow Robert Schuman Centre for Advanced Studies Florence School of Regulation European University Institute
  • 2. 1. Introduction Why do mixed ownership firms (MOF) for the provision of public services emerge? An answer is that MOF are selected among other design options (e.g., full public ownership or full private ownership) because they are expected to outperform other forms of public service delivery. However, a) do MOF really outperform other forms of public service delivery? b) do policymakers make design decisions for the provision of public services according to performance maximising criteria? c) if both answers to a) and b) are “yes”, then why aren't MOF more diffused than we actually observe?
  • 3. 1. Introduction MOF may result from the combined effect of various factors but efficiency effects and concerns, such as features of the decision-makers, status quo conditions, and particular historical context circumstances. This work contains an exploratory case study of the implementation stage of the policy cycle to privatize Italy's (drinking and waste) water sector in 1990's and 2000's. Initial conditions included (a) diffuse public ownership of water firms in various forms (municipal departments, municipal firms, consortia, etc.) and (b) high fragmentation of the water industry. Terminal conditions included (a) public ownership retained in about two thirds of water firms, (b) MOF in about one fourth of water firms, and (c) private ownership of a few firms.
  • 4. 2. Theoretical background Privatization is conceived as a component of “pro-market” regulatory reforms, i.e., transformative regulatory reforms that aim to radically reconfigure the regulation of entire sectors of the economy by exposing incumbent operators to competitive pressures, including opening up the possibility to acquire ownership and control of key assets (e.g., infrastructure) to companies or private investors. Landy et al.'s (2007) Creating Competitive Markets: The Politics of Regulatory Reform highlighted sources of resistance to the making of competitive markets, including “governmental protectionism” when public service providers oppose the opening up of private sector participation to the delivery of public services. What about the role of sub-national governments as direct providers of public services?
  • 5. 3. The privatization of the water sector in Italy (1990's-2000's) 1994 2001 reform 2003 reform water of local public of local public reform services services Generally, no award of water Some award Increased number of franchises of water awards of water franchises franchises Water districts where especially municipal water firms operated Award of water franchise to Various Some awards MOF in Alto Valdarno, Tuscany awards of water of water franchises franchises to MOF to MOF Various awards of water franchises to “in house” firms 1994 1999 2001 2003 2009
  • 6. 3. The privatization of the water sector in Italy (1990's-2000's) 1994 2001 reform 2003 reform water of local public of local public reform services services Generally, no award of water Some award Increased number of franchises of water awards of water franchises franchises Water districts where especially municipal water firms operated Award of water franchise to Various Some awards MOF in Alto Valdarno, Tuscany awards of water of water franchises franchises to MOF to MOF Various awards of water franchises to “in house” firms 1994 1999 2001 2003 2009
  • 7. 4. Explaining the privatization of the water sector in Italy Explaining the general pattern of no privatization in 1994-2001: a) Features of the water district governance system (i.e., the decision to award water franchises was made by local governments), related to (i) features of the water reform statute and (ii) features of legislation on public service provision; b) Features of the water industry (i.e., local governments owned and controlled local water services and water-related jobs and public contracts were generally important for building support of clienteles in the local politics) c) Features of the water reform statute (i.e., water franchises should be awarded to either private firms or MOF for serving water districts larger than local governments' jurisdictions) d) Features of territorial organization of water services (i.e., generally highly fragmented at local government level).
  • 8. 4. Explaining the privatization of the water sector in Italy Explaining privatization in Alto Valdarno in 1994-1999: Distinguishing conditions in Alto Valdarno a) Previous events (before 1994) included negotiated agreement to consolidate and partially privatize water service provision managed by local municipal firms; b) Regional and local government politicians of the dominant Democratici di Sinistra party held favorable positions towards MOF as a way of regulating local public services; Distinguishing conditions shared with other parts of Italy c) Executives of water municipal firms, that enjoyed more autonomy than managers of water municipal departments, championed the transformation into MOF.
  • 9. 4. Explaining the privatization of the water sector in Italy Explaining privatization into MOF in 2001-2003: a) Previous events (privatization in Alto Valdarno) provided supportive evidence for the viability and beneficial effects of MOF channelled through a policy network of water professionals (i.e., local governments could share ownership of larger water firms while retaining some influence on water-related activities) (diffusion of ideas); b) The 2001 local public services reform had changed some design features of the water reform, especially providing compulsory full privatization apart from the possibility to award water franchises to MOF within 18 months deadline (opportunity and threat); c) Executives of water municipal firms, that enjoyed more autonomy than managers of water municipal departments, championed the transformation into MOF.
  • 10. 4. Explaining the privatization of the water sector in Italy Explaining awards to “in house” firms from 2003 onwards: a) Features of the water industry (i.e., local governments owned and controlled local water services and water-related jobs and public contracts were generally important for building support of clienteles in the local politics); b) The 2003 local public services reform had again changed some design features of the water reform, especially providing the option to either fully privatize water service provision or award water franchises to “in house” firms (opportunity); c) Where local water services were provided by municipal departments, local governments preferred to keep shared close control of water service provisions while organizational features were not favorable to MOF.
  • 11. 5. Conclusions Historical context conditions play an important role in the emergence of MOF for the delivery of public services. Relevant conditions include: a) Initial condition of public ownership in the form of municipal firms rather than municipal department; b) Past events that already formed negotiated agreements about privatizing public services in the form of MOF; c) An active policy network of public service professionals that help diffusing ideas about the viability and beneficial effects of MOF for the provision of public services. d) Changing reform statutes that open up opportunities to retain and/or threats to lose influence on the public services.