2018 Product Market Regulation Country Note : Chile

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OECD Product Market Regulation (PMR) Indicators: How does Chile compare? ___________________________________________________________________________________ Competitive product markets foster economic growth and can improve the living standards of citizens. OECD’s Product Market Regulation Indicators assess the alignment of a country’s regulatory framework with internationally accepted best practices. The Economywide Indicator measures the distortions to competition that can be induced through the involvement of the State in the economy, as well as the barriers to entry and expansion faced by domestic and foreign firms in different sectors of the economy. This indicator is complemented by a set of Sector Indicators that measures regulatory barriers to competition at the level of specific network and service sectors.

Overall PMR Indicator Index scale 0 to 6

Chile

1.41

OECD average

1.38

5 Most competitionfriendly countries 5 Least competitionfriendly countries

1.00 1.82 0.0

2.0

4.0

6.0

Economy-wide PMR Indicators: a breakdown by major components Index scale 0 to 6 from most to least competition-friendly regulation

6

Chile

OECD average

5 Most competition-friendly countries

5 Least competition-friendly countries

5 4 3 2 1 0 Public Ownership

Involvement in Business Operations

Simplification and Evaluation of Regulations

Admin. Burden on Start-ups

Barriers in Service Barriers to Trade & Network sectors and Investment

Note: All the averages include only OECD countries. Information refers to laws and regulation in force on 1 January 2018. Source: OECD 2018 PMR database.


ECONOMY-WIDE HIGHLIGHTS

Overall, regulatory barriers to competition in Chile are very close to the OECD average. The presence of the state in the economy through the ownership of firms is limited when compared with most other OECD countries, in particular when it comes to ownership of shares in the largest operators in network sectors. The administrative burden on startups and regulatory barriers in service sectors are below those present in many OECD countries. In contrast, regulatory procedures are complex and the framework that regulates the public procurement of goods, services and public works is not well aligned with OECD best practices. In addition, while barriers to foreign direct investments are low, foreign suppliers of goods and services face higher barriers to entry than in many OECD countries.

Economy-wide PMR indicators: a breakdown by sub-components Index scale 0 to 6 from most to least competition-friendly regulation Distortions Induced by State Involvement Simplification and Evaluation of Regulations

Complexity of Regulatory Procedures

6 5 4 3 2 1 0

Interaction with Interest Groups

Involvement in Business Operations

5 Least competition-friendly countries

Assessment of Impact on Competition

6 5 4 3 2 1 0

Price controls

Governance of SOEs

Direct Control

Scope of SOEs

Gov’t Involv. in Network Sectors

Public Ownership

6 5 4 3 2 1 0

5 Most competition-friendly countries

Public procurement

OECD average

Command & control regulation

Chile

Barriers to Domestic and Foreign Entry

Note: All the averages include only OECD countries. Information refers to laws and regulation in force on 1 January 2018. Source: OECD 2018 PMR database.

Barriers to Trade Facilitation

Barriers to Trade and Investment

Treatment of Foreign Suppliers

6 5 4 3 2 1 0

Tariff Barriers

Barriers in Service & Network sectors

5 Least competition-friendly countries

Barriers to FDI

6 5 4 3 2 1 0

5 Most competition-friendly countries

Barriers in Network sectors

Licenses and Permits

Admin. Burden on Start-ups

Admin. Requirements for Lim. Liab. Companies and Pers.Owned Enterp.

6 5 4 3 2 1 0

OECD average

Barriers in Services sectors

Chile


SECTOR-SPECIFIC HIGHLIGHTS Regulation of retail trade is among the most conducive to competition in the OECD. Similarly, professional services are less regulated than in most other OECD countries, except for notaries. In contrast, there is scope to align the regulatory set-up for network industries with international best practices, especially in the gas, water transport and mobile e-communications sectors.

Regulation in network and service sectors PMR Indicators for network sectors Index scale 0 to 6 from most to least competition-friendly regulation Chile 5 Most competition-friendly countries

6

OECD average 5 Least competition-friendly countries

5 4 3 2 1 0 Electricity

Gas

Rail

Air

Energy

Road

Water

Fixed

Transport

Mobile

E-Communications

PMR Indicators for professional services* and retail distribution Index scale 0 to 6 from most to least competition-friendly regulation Chile 5 Most competition-friendly countries

6

OECD average 5 Least competition-friendly countries

5 4

3 2 1

0 Lawyers

Notaries

Accountants

Architects

Professional services

Civil engineers

Real estate agents

Retail distribution

Retail sale of Medicines

Retail trade

* When comparing the indicators across countries, it should be kept in mind that the activities undertaken by specific professions may vary between countries. Note: All the averages include only OECD countries. Information refers to laws and regulation in force on 1 January 2018. If the blue bar does not appear on the chart for a specific indicator, it means that its value is 0. Source: OECD 2018 PMR database.


OVERALL ASSESSMENT

Regulatory barriers to competition in Chile are limited, but there is room for improving product market regulation in some sectors and domains.

Strengths

Challenges

The government owns enterprises in very few sectors of the economy. In the network sectors, it only holds shares in the largest operator in some segments of the gas industry and in the market for the transport of passengers by rail.

The regulation of most professions is among the most competition-friendly in the OECD. In particular, there are almost no conduct restrictions: fees are not regulated, advertising is permitted, inter-professional cooperation is possible, and there are no restrictions on who can hold ownership and voting rights in professional firms.

The law-making process is among the least transparent in the OECD, as there are no requirements to use plain language when drafting new regulations, nor to regularly publish a regulatory agenda setting out a calendar of the laws and regulations that will prepared, reformed or repealed.

Notaries are the only profession in Chile that faces stringent entry requirements and tight conduct restrictions.

The regulatory framework for retail trade is among the most competition-friendly in the OECD. Shop opening hours can be set freely, no authorisations are required to open retail outlets, even large ones, and there are no restrictions on sales and discounts.

“What are the 2018 OECD PMR indicators?” PowerPoint presentation on OECD PMR website

Vitale, C., et al. (2020), " The 2018 Edition of the OECD PMR Indicators and Database – Methodological Improvements and Policy Insights", OECD Economics Department Working Papers

Further information

Please visit our website : http://oe.cd/pmr Contact us at: PMR2018@oecd.org


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