This paper surveys the existing theoretical and empirical research on long term contracts inspired by the American experience. We analyze the role of take-or-pay clauses and price indexation rules, questioning whether regulation distorts optimal contract duration. The models we summarize allows us to discuss the economic fundamentals of the ED provisions on long-term contracts in the natural gas industry, pointing out that the ED position on long-term contracting seems to mix up contract duration and flexibility.
L LONG TERM TAKE-DR-PAY CONTRACTSAccording to Williamson (1979), when a transaction entails one party committing capital that has little value for other uses, the other party has a strong incentive to appropriate the rents arising from the relationship through opportunistic behavior. Anticipating this risk, also called the "hold-up" problem, buyers and sellers sign long-term contracts.The main drawback of simplistic long-term contracting is inflexibility in the face of demand and supply fluctuations. To mitigate this problem, parties will therefore stipulate specific clauses. In practice, an initial price constitutes a floor on the value of the contract. Prices are rigid downward, but they can raise following price escalators, like predefined increases per year or petroleum price index. In addition, redetermination clauses permit renegotiation of the terms ofthe contract at predetermined intervals.