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

In most downstream energy sectors – which encompass the large majority of cases covered in this special issue [1] – the transmission, distribution and supply of gas and electricity was operated historically by local, regional or national monopolies, usually state-owned. That was the case when the UK introduced the EU's first merger control regime in 1965 and long before the implementation of the EU merger control regime in 1990. In these sectors, the flow of the past few decades has been from monopoly supply to a slowly-increasing degree of competition, as a result of successive EU and national legislation designed to liberalise gas and electricity markets: in particular, the first, second and third EU "energy packages" (which are described below). In that context, the role of merger

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Authors

  • Clifford Chance (London)
  • Freshfields Bruckhaus Deringer (Hong Kong)

Quotation

Daniel Harrison, Alastair Mordaunt, Mergers in the energy sector: An overview of EU and national case law, 3 October 2012, e-Competitions Bulletin Energy & Mergers, Art. N° 49024

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