Transcript Document
Economics of Litigation for Mediterranean Commodities Presented at the Cal-Med Consortium Workshop Montpellier, France June 26, 2006 Daniel A. Sumner University of California Agricultural Issues Center, and Department of Agricultural and Resource Economics, UC Davis Outline and Main Points 1. Potential WTO litigation makes status quo farm programs vulnerable. The big case has been a field crop commonly grown in California and the Mediterranean region of Europe as well as elsewhere. 2. Does the economic situation for horticultural crops commonly grown in Mediterranean zones suggest such vulnerability? 3. What are implications for litigation, unilateral reforms or reforms as a consequence of WTO negotiations? Initial Clarifications • Litigation is for lawyers and you do not want your legal advice from an economist. • Fortunately we have that covered here. • The law and applicable economics seems to be still evolving. One should be modest in the one’s claims. Initial Background • It does not take much actual litigation to get a lot of attention. • One or two WTO cases, not even yet completed (in terms of implementation) • Informal discussion of others • That is all the real action • But many observers rank litigation as one of the significant drivers of potential changes in US and EU farm programs • So, the topic is worth some discussion Relevance of the WTO Brazil/U.S. Upland Cotton Case • Lawyers tell us that the cotton case broke new legal and economic ground at the WTO. • For economics of commodity markets standard economic models and evidence were presented by both sides and third parties. • This may suggest a lesson for how economics in other litigation may proceed. Framework Economic Issues • Serious prejudice – Price suppression – Market quantities • Export subsidy violations • Are there commodities and programs where export subsidies were not included? • National treatment – Eligibility for payments, support, marketing order benefits, etc? • Economic modeling centers on serious prejudice Budget for US commodity subsidies: (recent total ~$20 B) Commodity Share of Outlays (Varies by Year) Feed grains Soybeans Wheat Cotton 50% 10% 10% 12% Rice Dairy 7% 3% Other commodities Disaster Other 4% 2% 2% Production Shares Commodities Commodity Share of Value of Output (Varies by Year) Feed grains Soybeans Wheat Cotton 13% 9% 4% 3% Rice Dairy 1% 10% Meat and Poultry Horticulture + F&V%N Hay and other 33% 25% 2% Share of Producer Support in California, 20012003, by Policy Dairy Marketing Order, 5% Economy Wide Policies, 4% Research, 5% Other Marketing 8% Import Barriers 41% Input Assistance 10% Government Paymnents 26% Source: Agricultural Issues Center Export Assistance 1% Producer Support Estimate in California, 2001-2003, by Commodity or Commodity Group 70% 60% 50% 40% 30% 20% 10% Source: Agricultural Issues Center gr ai ns Su ga r B ee ts A lfa O lfa th /H er ay Fi el d Fr C ui ro t/ ps N ut /N ur se ry V eg /M el on s A ve ra ge Fe ed he at ic e R W C ot t on ck L iv es to D ai ry 0% Impacts of payments on lesssubsidized crops • Most Mediterranean crops have not received output subsidies, • Overall government support is a small share of revenue • Subsidies are applied to crops that compete with these Mediterranean crops for land and water • Because of and in spite of planting restrictions, subsidy can thus have significant impacts on non-subsidized crop area – Planting restrictions increase are of program crops and eligible crops – W/O planting restrictions, more area of Mediterranean crops • Also affect less-subsidized commodities through trade negotiation prospects Legal and economic issues on effect of subsidies What counts as support… a “green box issue” GATT legal text: Annex 2 para 6(a) “Eligibility for such payments shall be determined by clearly-defined criteria such as income, status as a producer or landowner, factor use or production level in a defined and fixed base period” Issue of base updating as a violation of the “fixed base period was not settled one way or the other. GATT legal text: Annex 2 para 6(b) “The amount of such payments in any given year shall not be related to, or based on, the type or volume of production (including livestock units) undertaken by the producer in any year after the base period.” Seems clear in hindsight that restricting what can be grown on the base land looks like a violation that payments not be based on “type…of production”. Economic question: do the US (or EU) restrictions affect program crop production significantly? Conceptually the relationship is clear and allowing a farmer to plant nothing at all is obviously irrelevant. The answer empirically depends on data that is hard to get. Magnitude of Effects: expectations, insurance and decoupling • Impacts of price contingent subsidies vary by year depending on expected price • Crop insurance subsidy directly lowers cost of this “input” … but would they have bought insurance w/o the subsidy? • Some payments are not tied to current production but also are not divorced from production incentives: – reduced risk aversion (likely small), – planting restrictions, – Expectations of updating: (AusJARE 2003) expectation that future subsidy is tied to current production Degree of linkage = ∑t (1+r)-t(E(Rt/Rn))(Probability Ut) Model approach • Naturally asking the question: what if subsidies were not in place? This is a counterfactual for the new intermediate run equilibrium would have been (or would be) but for the effects of specific offending subsidies. • The question suggests a simulation model not econometrics applied to actual data which has not “run the right experiment.” • Question suggests a model focusing on effects for a specific commodity, although multi-commodity impact and responses may be important. A simple model of effects of subsidies (1) (2) (3) (4) dlnSu = εu(dlnRu) dlnDu = ηu(dlnP) dlnSr = εr(dlnP) dlnDr = ηr(dlnP), Ru -- effective revenue per unit received by producers dlnS -- log change in the quantity supplied, dlnD – log change in the quantity demanded, dlnP – log change in market price. εu and εr – own elasticities of supply. ηu and ηr – own price elasticities of demand Subscripts: u subsidized suppliers, rest of market A simple model of effects of subsidies Ru = P + G G = γg, g: per unit government support, including all subsidies γ: degree of production incentive relative to a production subsidy or market income (5) dlnRu = αdlnP + (1-α)dlnG. A percentage reduction in G may be achieved by reducing the degree of production incentives inherent in the support, dlnγ, or by reducing the level of support, dlng. (6) dlnG = dlnγ + dlng (7) α = P/Ru, (8) (1-α) = G/Ru (9) (1-α) = (γg)/(P + γg) = (γ/(γ + P/g). A simple model of effects of subsidies World supply in log differential form: (10) dlnSm = δsudlnSu + (1-δsu)dlnSr = [δsuεuα + (1-δsu)εr]dlnP + δsuεu(1-α)dlnG, δsu -- share of U production in the market. Similarly, on the demand side: (11) dlnDm = δdudlnDu + (1-δdu)dlnDr = [δduηu + (1-δdu)ηr]dlnP, δdu -- share of U consumption in the market. dln Sm = dlnDm, so that, Price impact of a commodity subsidy, quantity impacts are analogous (12) dln Pm = -[δsuεu(1-α)]/ [δduηu + (1- δdu)ηr – (δsuαεu + (1- δsu)εr)], δ are supply and demand shares, • η are demand elasticities, • ε are supply elasticities and • 1-α measures the amount of subsidy and its relative degree of production incentive • regions u and r Impact of a commodity subsidy: Summary Price equation result: Effects of program removal in U dln P = -[δsuεu(1-α)]/ [δduηu + (1- δdu)ηr – (δsuαεu + (1- δsu)εr)], δ are supply and demand shares, • η are demand elasticities, • ε are supply elasticities and • 1-α measures the amount of subsidy and its relative degree of production incentive • regions: u--subject member, r--rest of market …… Similar result for quantities Next …Show a little background for this result. Determinants of policy effects on price suppression 1. Programs linkage to relative marginal revenue. a. subsidy share of revenue (xx%) b. Degree of subsidy linkage (% of pure production subsidy) 2. Supply response in U to fall in revenue relative to other crops over a few years horizon (elasticity) 3. Production share in U (%) 4. Supply response in other countries to revenue rise filtered by price transmission (elasticty) 5. Demand response to price rise (elasticities in U and R) Some candidate commodities • • • • • • • Wine Processing tomatoes Vegetables Citrus Fresh market grapes Raisins Processed peaches, pears other processed fruits, vegetables and nuts • Olives and Olive oil • Tree nuts…almonds, walnuts and pistachios Processing tomatoes in the EU • Rickard and Sumner model the tariffs and domestic subsidy impact on market prices, quantities and trade flows in 3 regions – Allows downstream linkages from tomatoes to paste (and canned tomatoes), substitution with nontomato inputs and less than perfect substitution across regional products – Incorporates regional tariffs and duty drawback • EU 14.4 % tariffs cause most distortion, but 44% subsidy has significant price, quantity and trade flow – Major benefits of EU program elimination for US growers and processors Processing tomatoes in the EU • Apply the much simpler model above to tomato paste: δseu (production share) 36% η (demand elasticities) -0.5 εeu (supply elasticity, down) 1.0 εrow (supply elasticity, up)0.5 (1-αeu) subsidy share of effective revenue, for the processed (44%)(share of tomatoes in paste cost) (0.44)(0.5) =0.22 Market price effect subsidy elimination: dln Pm = (0.36)(1)(0.22)/[0.5+(0.36)(.78)+(0.5)(0.64)] = 0.08/1.1 = 7.3% price increase Just a very rough approximation for illustration only. Olive Oil in EU • Apply the much simpler model above to raisins: δseu (production share) 74% η (demand elasticities) -0.5 εeu (supply elasticity, down) 1.0 εrow (supply elasticity, up)0.2 (1-αeu) subsidy share of effective revenue, for the processed (20%)(share of olives in oil cost) (0.2)(0.6) =0.12 Market price effect subsidy elimination: dln Pm = (0.74)(1)(0.12)/[0.5+(0.74)(0.88)+(0.26)(0.5)] = 0.09/1.28 = 7.0% price increase Just a very rough approximation for illustration only. US fruit and tree nut marketing orders other subsidy • Mostly promotion and research some marketing quality (food safety) restrictions – Most apply to domestic and imports – Probably attempt to bias rules, but within a framework that restricts such bias…not too blatant • Little remaining market flow regulation – Almond storage and market allocation – Some tree pulls • Complex program for raisins for supply control, price discrimination and market regulation – Raises market prices and shifts raisins among markets • Hard to find sizable broad market effects for subsidy to F, N & V products in US, but may be in specific markets. From Subsidy effects to trade litigation • Subsidies raise concerns of international competitors that they affect markets, but even if this is true… • Litigation is costly, uncertain and divisive • It may take a trigger event to ignite litigation • Litigation against US became more relevant after the 2002 Farm Bill suggested the US was on a path to increase not reduce subsidies • Litigation can include WTO cases and bilateral trade remedy countervail and anti-dumping WTO Implications of Litigation • Affect process of negotiation and agreement…more attention to specific wording • Some implications of definition of colored boxes… • Pressure for rules that can be predictably binding • Credibility of WTO in small and developing countries increased with successful developing country cases • More similar cases, but these are hard to develop – Success is not a “slam dunk” • Implications for the role of economists – Major role for economic argument and evidence – Effect policy path through contributing analysis affects litigation first and then negotiation and legislation – Litigation draws on relatively “academic” research