Download or read book The Interplay between European Merger Control Law and the Liberalisation of European Electricity Natural Gas and Petroleum Markets written by Henning Matthiesen and published by GRIN Verlag. This book was released on 2023-04-21 with total page 661 pages. Available in PDF, EPUB and Kindle. Book excerpt: Doctoral Thesis / Dissertation from the year 2020 in the subject Law - European and International Law, Intellectual Properties, grade: 2,2, Leuphana Universität Lüneburg (Fakultät Wirtschaftswissenschaften), language: English, abstract: This doctoral thesis examines how European merger control law is applied to the energy sector and to which extent its application may facilitate the liberalisation of the electricity, natural gas and petroleum industries so that only those concentrations will be cleared that honour the principles of the liberalisation directives. In 2007, the Commission emphasized that a real internal European energy market is essential to meet Europe’s three energy objectives. These were for example competitiveness to cut costs for citizens and undertakings to foster energy efficiency and investment, sustainability including emissions trading, and security of supply with high standards of public service obligations. The EU issued three pre-liberalisation directives since the 1990s. Dissatisfied with the existing monopolistic structures, in Germany through demarcation and exclusive concession agreements for the supply of electricity and natural gas, which were until 1998 exempted from the cartel prohibition provision, and the prevalence of exclusive rights on the energy markets, the Commission triggered infringement proceedings against four Member States. The CJEU confirmed that the Commission has the power to abolish monopoly rights under certain circumstances and the rulings had the effect of convincing the member states to enter into negotiations for an opening up of energy markets owing to the internal market energy liberalization directives 1996 / 1998 / 2003 / 2009 / 2019. The 2nd liberalisation package of 2003 brought a widening of market opening and acceleration of pace of market opening to a greater number of eligible customers and an increase in the provisions on management and legal unbundling. The 3rd energy package of 2009 addressed ownership unbundling of key-infrastructure ownership and energy wholesale and retail supply consisting of three regulations and two directives. The 4th liberalization package inter alia consists of a new IEMD2019 and IGMD2019 and addresses energy efficiency and rules on good governance in the Energy Union. A brief analysis of the economic implications of concentrations is followed by an assessment of the evolution of European merger control law since 1989, 1997 and 2004. Then, the theoretical findings are contrasted to the results of recent merger proceedings in the energy sector.
Download or read book The Interplay Between European Merger Control Law and the Liberalisation of European Electricity Natural Gas and Petroleum Markets written by Henning Matthiesen and published by . This book was released on 2021 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Liberalization of Electricity Markets and the Public Service Obligation in the Energy Community written by Rozeta Karova and published by Kluwer Law International B.V.. This book was released on 2012-02-01 with total page 422 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents the first in-depth analysis of the export of the EU electricity acquis, through the imposition of an EU-type regional electricity market (REM) in SEE within the enlargement process. Among other germane issues, the author discusses the following: the suitability of the European model of electricity markets’ liberalization for economies in transition; the use of the Public Services Obligations (PSO) to address the impact of electricity markets liberalization; the use of regulated prices and measures for granting priority rights for cross-border capacity allocation as PSOs; the Court of Justice judgement in Federutility on the sustainability of states’ protection of their different types of customers, including the large businesses; the Energy Community as a step towards a Pan-European Energy Community; the effect of simultaneous national electricity markets liberalization and cross-border regional integration of national electricity markets; and, the interplay between liberalization policy and reforms and the regulatory tools available to address their impact on provision of public services. The author’s proposed rethinking of the public services obligation offers new views on using this tool more effectively and proposes possibilities for its practical implementation through measures such as energy efficiency, allocation of interconnectors’ capacity, transparency, addressing the affordability issue and the protection of vulnerable customers. The book is remarkable for its clear analysis of the policy lessons arising from the export of the idea of liberalized energy markets, and will be welcomed by practitioners, officials, academics and others in energy law and policy for its informative and forward-looking overview of the national and cross-border reforms in the Energy Community framework.
Download or read book Application of Anti manipulation Law to EU Wholesale Energy Markets and Its Interplay with EU Competition Law written by Huseyin Cagri Corlu and published by Kluwer Law International B.V.. This book was released on 2018-06-05 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the course of energy liberalisation, electricity and natural gas contracts have been separated from physical delivery, and these contracts are now traded as commodities in multilateral trading facilities. Although designed to render energy trading standardised and efficient, this system raises serious questions as to whether existing regulatory and antitrust provisions are sufficient to address market abuses that cause imbalances in demand and supply. The European Union’s (EU’s) Regulation on Wholesale Energy Market Integrity and Transparency (REMIT), adopted to combat such market manipulation, is still lacking in significant case law to bolster its effectiveness. Addressing this gap, this invaluable book provides the first in-depth analysis of market manipulation in the energy sector, offering a deeply informed understanding of the new anti-manipulation rules and their implementation and enforcement. Focusing on practices that perpetrators employ to manipulate electricity and natural gas markets and the applicability of anti-manipulation rules to combat such practices, the analysis examines such issues and topics as the following: – factors and circumstances that determine when and what market misconduct can be subject to enforcement; – the European Commission’s criteria to determine whether a particular market is susceptible to regulation; – jurisdiction of REMIT and the Market Abuse Regulation (MAR) with respect to the prohibitions of insider trading in financial wholesale energy markets; – to what extent anti-manipulation rules and EU competition law may be applied concurrently; and – types of physical and financial instruments that market participants have employed in devising their manipulative schemes. Because market manipulation is rather new in the EU context but has been prohibited and prosecuted under US law for over a century, much of the case law analysis is from the United States and greatly clarifies how anti-manipulation rules may be enforced. A concluding chapter offers policy recommendations to mitigate legal uncertainties arising from REMIT. Energy market participants, such as energy producers, wholesale suppliers, traders, transmission system operators and their counsel, and legal practitioners in the field will welcome this book’s extensive legal analysis and its clear demarcation of the objectives that REMIT seeks to accomplish with respect to energy market liberalisation.
Download or read book The Liberalization of Electricity and Natural Gas in the European Union written by Damien Geradin and published by Kluwer Law International B.V.. This book was released on 2001-07-11 with total page 330 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this important book, notable European experts in the energy field provide valuable perspectives on the principal issues raised by the liberalisation of the electricity and natural gas markets in the EU. Lawyers, business people, regulators, and policymakers who deal with matters and issues in the energy, natural resources, and environmental fields will find the details and insights presented here of great value.
Download or read book Has Merger Control Made a Contribution Towards the Liberalization of the Gas and Electricity Markets in the European Union written by Don Francisco de Borja de la Peña y Fernàndez-Garnelo and published by . This book was released on 2010 with total page 666 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Commission (the "Commission") has been, for over a decade, in the midst of creating well-functioning competitive markets for gas and electricity. Given the policies of economic protectionism adopted by certain Member States, the slow pace of market reforms and the resulting signs of weakness of energy regulation, the Commission has been determined to apply vigorously its competition powers to enhance liberalisation, support restructuring and open energy markets. The frenetic level of merger activity has prompted the Commission to review over 100 transactions making merger control one of the core areas of competition enforcement. The research question is: has merger control made a contribution to energy liberalisation or energy policy? The issue of whether a competitive internal market can be built on the basis of energy regulation (existing or forthcoming) or requires the assistance of competition law, including merger control, has been a central one for some time. The general purpose of this thesis is to establish if the European Community Merger Regulation (the "ECMR") gives the Commission any scope to advance its energy policy agenda and help drive the debate. This thesis argues that merger control has made a significant contribution to energy liberalisation without having taken the place of regulation. The Commission has legal grounds and policy incentives to take the opportunity of the merger review process to ensure the introduction of competition and the acceleration of market integration.
Download or read book Merger Control in the EU and Turkey written by Fevzi Toksoy and published by Kluwer Law International B.V.. This book was released on 2022-05-11 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: As a country on the way to integration with the European Union (EU), Turkey has been following EU principles in establishing and improving its merger control regime, as well as overall competition law, keeping pace with changes in relevant EU legislation and case law. This book presents, for the first time, a description and analysis of the relationship between the EU and Turkish merger control law and practice. The second edition of the book considers the legislative changes that occurred in 2020-2021, including the reform of the Turkish Competition Law which introduced the significant impediment to effective competition (SIEC) test into the Turkish concentration control. The authors—all three, both practicing lawyers and academicians in Turkey—focus on comparing substantive, procedural and jurisdictional issues and draw parallels on their regulation in the two jurisdictions. These matters include the following: determining whether a transaction shall be regarded as a notifiable merger, hence be subject to control; financial thresholds used for allocating jurisdictions; extraterritoriality of merger control; relationship between the SIEC test and the dominance test; determination of the relevant market; techniques used for assessment of horizontal and non-horizontal mergers; notification requirements; procedural duties of competition authorities in relation to remedies; third-party rights; gun-jumping fines and other sanctions for failure to comply with merger control requirements; and peculiarities of assessment of mergers in the Big Data world. Each chapter provides an overview of the respective issues in the EU and Turkey, projecting a clear understanding of the main similarities and differences in the two regimes. A notable feature is an in-depth analysis of applicable case law concerning each issue, with most of the Turkish decisions available in English for the first time. The book’s comparative approach will prove to be of great value. With its clear answers to questions about what transactions are subject to merger control, what criteria are used in assessing those transactions, and the main issues that a foreign company should be aware of while merging with another foreign company with effect in Turkey and/or EU, the book will be of immeasurable value for lawyers and their business clients dealing with multijurisdictional merger cases. Interested academics and policymakers will also find much here to attract their attention.
Download or read book Law and Economics in European Merger Control written by Ulrich Schwalbe and published by Oxford University Press. This book was released on 2009-10 with total page 477 pages. Available in PDF, EPUB and Kindle. Book excerpt: Co-written by an expert lawyer and economist, this book provides a thorough guide to the economic theory behind the regulation of mergers. The economic theory is then used to analyse the current state of European competition law, and test the success of the European Commission's search for a 'more economic approach' to merger regulation.
Download or read book European Merger Control written by Catalin Stefan Rusu and published by Kluwer Law International B.V.. This book was released on 2010-01-01 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt: Twenty years of experience have inevitably brought to light challenges and tensions in the enforcement of the European merger control system. Some of these challenges have been faced, some have been solved and some remain latent. This very valuable study starts from the proposition that the EU has never fully acknowledged those fundamental challenges which relate to the rationale behind merger control in Europe. The author shows how the Commission's focus on adapting the rules of merger control to the economic realities of the future business environment, although designed with a view to facilitating European integration, has compromised attainment of legal certainty, transparency and welfare enhancement. In its detailed evaluation of the 'future market structure prediction process' embedded in European merger control policy, this book approaches two rock-bottom, far-reaching questions: In what ways does merger control promote consumer and societal welfare? Is the Commission able to correctly predict the outcome of any given concentration transaction? These considerations take the reader through a deep and searching analysis that calls into question the very credibility and transparency of the system, leading to alternatives which promise a new clarity of purpose and procedure. The author describes how these recommendations can be integrated into the functioning framework of the European project. Taken fully into account along the way is a wide spectrum of relevant source material, including the following: applicable articles and chapters of the founding and subsequent European Treaties; secondary European legislation concerning competition and merger activity; domestic competition laws; guidelines, notices and action plans; competition law reviews, statements of intentions; draft legislative attempts; speeches on the enactment and purpose of merger control; Member States' views concerning European merger control as expressed during Council negotiations; officially available concentration-related statistics; and a wide-ranging literature review covering both the legal and economic sides of merger control. Throughout, the author substantiates theoretical assertions with case law examples, clearly exposing doctrines arising from such cases as Continental Can, Phillip Morris/Rothmans and the Airtours, Schneider and Tetra Laval trilogy. A unique feature of the analysis draws on the author's personal experience while working for a Brussels competition law firm. This book is a remarkable compound of academic guide to the roots and rationales of the European Merger Control System, practical guide to the day-to-day intricacies of merger control enforcement, and 'raw' guide for decision makers and merger control law enforcers. It will be of immense value in all three contexts.
Download or read book Has Merger Control Made a Contribution Towards the Liberation of the Gas and Electricity Markets in the European Union written by Don Francisco de Borja de la Peña y Fernàndez-Garnelo and published by . This book was released on 2010 with total page 666 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Commission (the "Commission") has been, for over a decade, in the midst of creating well-functioning competitive markets for gas and electricity. Given the policies of economic protectionism adopted by certain Member States, the slow pace of market reforms and the resulting signs of weakness of energy regulation, the Commission has been determined to apply vigorously its competition powers to enhance liberalisation, support restructuring and open energy markets. The frenetic level of merger activity has prompted the Commission to review over 100 transactions making merger control one of the core areas of competition enforcement. The research question is: has merger control made a contribution to energy liberalisation or energy policy? The issue of whether a competitive internal market can be built on the basis of energy regulation (existing or forthcoming) or requires the assistance of competition law, including merger control, has been a central one for some time. The general purpose of this thesis is to establish if the European Community Merger Regulation (the "ECMR") gives the Commission any scope to advance its energy policy agenda and help drive the debate. This thesis argues that merger control has made a significant contribution to energy liberalisation without having taken the place of regulation. The Commission has legal grounds and policy incentives to take the opportunity of the merger review process to ensure the introduction of competition and the acceleration of market integration.
Download or read book Regulation and EU Merger Control in the Liberalised Electricity Sector written by Arndt Christiansen and published by . This book was released on 2005 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The electricity sector is a typical network industry consisting of four closely linked vertical stages. Following liberalisation in Europe in the 1990s, the sector witnessed a surge of mergers, which were subject to review by the European Commission. At the same time, comprehensive economic regulation was established. This raises the question of the adequate relationship between these two forms of industry supervision ('policy mix') as the first issue of this paper. The second more specific issue concerns the increased use of divestiture remedies in EU Merger Control. Empirical evidence on two leading cases from the electricity sector is presented, which casts doubt on their effectiveness. Therefore, a strict(er) merger control policy including prohibitions if necessary coupled with effective access regulation is derived as the preferred policy choice for the liberalised electricity sector in Europe.
Download or read book The EU s Major Electricity and Gas Utilities Since Market Liberalization written by Christian Schülke and published by Gouvernance Europeenne Et Geop. This book was released on 2010 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: A major change has taken place in the company structure of the European electricity and gas markets. Since the liberalization of EU energy markets began in the 1990s, companies like E.ON, GDF Suez, EDF, Enel, and RWE have become European giants with activities in a large number of member states. The advocates of market liberalization did not expect, or intend, the emergence of a small number of large utilities that control an increasing part of the EU market. Some observers claim that liberalization has led to an oligopoly with detrimental consequences for competition. Based on extensive background research, this book presents a fact-based analysis of the changes in the European utility sector since the 1990s. Case studies of the seven largest utilities illustrate how companies adapted their strategies to the changing market environment. The author underlines diverging choices and common trends with the aim of using synergies between electricity and gas.
Download or read book The Economic Assessment of Mergers Under European Competition Law written by Daniel Gore and published by Cambridge University Press. This book was released on 2013-04-25 with total page 559 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides a clear, concise and practical overview of the key economic techniques and evidence employed in European merger control.
Download or read book Vertical Natural Gas Transportation Capacity Upstream Commodity Contracts and EU Competition Law written by Kim Talus and published by Kluwer Law International B.V.. This book was released on 2011-01-01 with total page 346 pages. Available in PDF, EPUB and Kindle. Book excerpt: Because the EU depends on a very small number of external suppliers for its natural gas, energy security issues inevitably arise. In theory, competition law should regulate and adjudicate such issues. Yet, because contracts between EU companies and producers are highly sensitive and politically charged, the application of EU competition law to natural gas contracts is far from clear. This important book, drawing on ECJ case law, Commission administrative cases and inquiries, and the full range of relevant legal and economic theory, provides an extremely valuable and detailed study of how EU competition law can be applied to long-term natural gas capacity reservation and commodity contracts. Issues and topics such as the following arise in the course of the analysis: Third Gas Market Directive provisions; Article 102 TFEU cases on strategic under-investment; pre-liberation or "legacy" gas contracts (e.g., with Algeria and Russia); "right of first refusal"; take-or-pay requirement; third-party access; ownership unbundling; effect of elimination of priority access regimes; short-term trading; spot markets; and law and economics of vertical restraints. Focusing on the foreclosing effect of long-term upstream commodity contracts, the author recommends restrictions on the use of capacity reservation contracts, and analyses the efficacy of security of supply as a competition law defence in cases relating to such contracts.
Download or read book European Gas Market Liberalisation written by Nadine Haase and published by . This book was released on 2008 with total page 147 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Index to Theses with Abstracts Accepted for Higher Degrees by the Universities of Great Britain and Ireland and the Council for National Academic Awards written by and published by . This book was released on 2002 with total page 642 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The European Union in the 21st Century written by Stefano Micossi and published by . This book was released on 2009 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The contributors to this book are all members of EuropEos, a multidisciplinary group of jurists, economists, political scientists, and journalists in an ongoing forum discussing European institutional issues. The essays analyze emerging shifts in common policies, institutional settings, and legitimization, sketching out possible scenarios for the European Union of the 21st century. They are grouped into three sections, devoted to economics and consensus, international projection of the Union, and the institutional framework. Even after the major organizational reforms introduced to the EU by the new Treaty of Lisbon, which came into force in December 2009, Europe appears to remain an entity in flux, in search of its ultimate destiny. In line with the very essence of EuropEos, the views collected in this volume are sometimes at odds in their specific conclusions, but they stem from a common commitment to the European construction.
