Renegotiating Public-Private Partnerships

CentER Discussion Paper Series No. 2017-014

52 Pages Posted: 15 Mar 2017

See all articles by Joaquim Sarmento

Joaquim Sarmento

Technical University of Lisbon (UTL) - School of Economics and Management

Luc Renneboog

Tilburg University - Department of Finance; European Corporate Governance Institute (ECGI); Tilburg Law and Economics Center (TILEC)

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Date Written: March 9, 2017

Abstract

The renegotiations of public–private partnership (PPP) contracts are commonly considered to be one of the pitfalls of PPPs, as they tend to undermine their (ex ante) efficiency. A renegotiation occurs when specific events change the conditions of a concession, frequently leading to a financial claim from the private sector on the public sector. This paper examines the Portuguese experience with PPP renegotiations by means of a unique panel data of 254 renegotiation events from 1995 to 2012. We find evidence of opportunistic bidding for PPP contracts, which is ex post – after the contract is won and the competition eliminated - leading to renegotiations to increase revenues. Renegotiations last on average 1.8 years. Majority governments are more prone to renegotiate and have more political clout to limit the renegotiation duration. There is no evidence of more renegotiations in election years or when there is a change in government. A better institutional framework, defined as a low country risk, a strong rule of law, and lower corruption, tends to reduce the probability of renegotiations. There is also evidence that at times of higher corruption, more renegotiations occur. The project’s leverage decreases the renegotiation duration. Strong initial bidder competition for a PPP contract leads to long subsequent renegotiations between the winning private party and the government.

Keywords: Public–Private Partnerships, Concessions, Renegotiations

JEL Classification: G38, H54, L51

Suggested Citation

Sarmento, Joaquim and Renneboog, Luc, Renegotiating Public-Private Partnerships (March 9, 2017). CentER Discussion Paper Series No. 2017-014, Available at SSRN: https://ssrn.com/abstract=2932101 or http://dx.doi.org/10.2139/ssrn.2932101

Joaquim Sarmento (Contact Author)

Technical University of Lisbon (UTL) - School of Economics and Management ( email )

Rua Miguel Lupi, 20
Lisbon
Portugal

Luc Renneboog

Tilburg University - Department of Finance ( email )

P.O. Box 90153
Warandelaan 2
5000 LE Tilburg
Netherlands
+13 31 466 8210 (Phone)
+13 31 466 2875 (Fax)

European Corporate Governance Institute (ECGI) ( email )

c/o the Royal Academies of Belgium
Rue Ducale 1 Hertogsstraat
1000 Brussels
Belgium

Tilburg Law and Economics Center (TILEC) ( email )

Warandelaan 2
Tilburg, 5000 LE
Netherlands

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