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Mergers in the energy sector: An overview of EU and national case law

Introduction The first wave of EU intervention in energy markets (First and Second Energy Packages) concerned the liberalisation from public control and opening thereof to competition aiming to the establishment of an Internal Energy Market. [1] During this period, access to energy infrastructure as a prerequisite for downstream competition had been highlighted as a necessary step for effective competition; a competition largely viewed as price-oriented under a narrowly defined consumer welfare concept. Subsequent sector regulation (in the form of the Third Energy Package) [2] was combined with the intervention of EU Commission in energy markets through competition law tools as a means for accelerating sector-specific policy objectives. [3] The aforesaid policy was oriented towards

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Michael Diathesopoulos, Mergers in the energy sector: An overview of EU and national case law, 14 March 2019, e-Competitions Bulletin Energy & Mergers, Art. N° 88842

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