European Competition Law & Control of Energy Market Restructuring
Michael D. Diathesopoulos
University of Cambridge - Faculty of Law; Tilburg Law and Economics Center (TILEC); University of Leicester - School of Law
June 23, 2010
This paper examines the controlling role of European competition law in the energy market restructuring in EU after the gradual liberalisation process of previous years and defines the application of European competition law to this framework of restructuring. The particular focus of this paper lies on the steps taken mainly by EC Commission, in order to control the concentrations in energy market, which derived from the gradual involvement of the private sector in the market and the lift of barriers in energy market, while we highlight the major points concerning competition regulation, which are related to the effort for the establishment of a European single energy market. Control pertains mainly to the concentrations implemented on a community level but also on a member state level. Examined specifically are the community and member states control powers and interventions. In the first case the European Commission has exclusive power and in the second, the competent authorities with the support of the national Competition Commission and the national Regulatory Authority. We frequently refer to European case law and specific Commission's Decisions.
We note that this paper constitutes a part of a broader research paper on the interaction between European Competition Law and Energy Market Regulation.
Number of Pages in PDF File: 39
Keywords: Energy Law, Competition Law, European Law, Energy Market, Energy Market Liberalisation, Energy Deregulation, Restrictions On Competition, Antitrust Law, Energy Market Mergers, Relevant Market, Energy Law and Competition, Corrective Measures, Vertical Integration, Dominant Position
JEL Classification: K2, K21, K22, K23, K32, L11, L13, L40, L41, L42, L43, L44, L50, L52, L94, L95, L97, L98, Q40, Q48
Date posted: June 24, 2010