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Introduction

As a consequence of the collapse of state socialism in Central and Eastern Europe, many countries found themselves with a large set of publicly owned entities which often imposed a considerable burden on the public budget.

Hence governments designed different programmes to privatize these entities (which often could hardly be referred to as enterprises as they tended to display traits of bureaucracies) or at least to make them independent of public support. However, this task proved to be very difficult. For instance, the performance of the authority charged in Germany with the privatization of the state socialist industry inherited from the defunct German Democratic Republic gives a mixed picture of what could be accomplished under the most favourable of circumstances. As Table 21.1 indicates, out of a total of almost 14 000 enterprises in East Germany, a mere 354 remained to be privatized in the autumn of 1994. But all the assets had been sold for a trifling

Table 21.1 The Treuhand legacy

East German enterprises taken over

Number still to be privatized* Enterprises in liquidation Private investment pledged

Jobs guaranteed

Revenues from sales of enterprises Management buyouts

Enterprises acquired by non-German investors

13 781

354

3701

$133.2 billion

1.4 million

$41 million

2697

855

Note: * As of September 1994.

Source: Treuhand, in Gumble (1994). 41 million dollars, many had been given away for a symbolic price only and the prime purpose of the privatization activity was clearly to save as many jobs as possible; indeed, a total of 1.4 million job guarantees had been attained.

However, these job guarantees often had to be paid for dearly. For instance, the Ecostar GmbH in Eisenhuttenstadt required a financial commitment of about 500 thousand dollars per job saved (Gumble, 1994). These figures show clearly that different purposes can be obtained by managing or privatiz­ing public entities. In fact, next to generating employment and the obvious aim of reaping a profit, any number of policy objectives can be pursued by operating a public enterprise. These objectives may lie in competition, re­gional, foreign, defence, cultural or environmental policies or, indeed, any conceivable public purpose that may form part of a political agenda. It is for this reason that the assessment of the performance of such a public enterprise is by no means a straightforward task. The difficulty lies in identifying the objective against which the operation of the entity needs to be assessed. It is here that a strict application of a law and economics analysis can be of major importance.

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Source: Backhaus Jürgen G. (ed.). The Elgar Companion to Law And Economics. Second Edition. Edward Elgar,2005. – 777 p.2. 2005
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