Law & Economics: ENERGY - ELECTRICITY - GAS - ECONOMIC ANALYSIS

Antitrust enforcement in the electricity and gas industries - Problems and solutions for the EU

This articles shows how antitrust enforcement in the electricity and gas industries raises specific problems that call for specific solutions. It examines inter alia the following questions: How can the anticompetitive effects of mergers be assessed in a changing regulatory environment? Should long term agreements in energy purchasing be prohibited? What are the benefits of preventive action such as competition advocacy and market surveillance committees? Should Article 82 a) of the EC Treaty be used to curb excessive pricing?

*This article is an automatic translation of the original article in French, provided here for your convenience. Read the original article. 1. There is no shortage of recent actions by competition authorities in the field of energy: opinion of the Competition Council on the conditions of supply to electro-intensive industries in December 2005, unfavourable opinion of the Spanish Competition Tribunal on the acquisition of Endesa by Gas Natural one month later, publication of the European Commission's preliminary report on the energy sector inquiry last February. These events reflect the accelerated evolution of the energy industry and markets in Europe. They provide an opportunity to examine the application of competition law to the electricity and gas industries. We will show that

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  • Ecole Nationale Superieure des Mines de Paris

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François Lévêque, Antitrust enforcement in the electricity and gas industries - Problems and solutions for the EU, May 2006, Concurrences N° 2-2006, Art. N° 740, pp. 34-43

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