TRENDS: CHAMPSAUR COMMISSION - ORGANIZATION FRENCH ELECTRICITY MARKETS - REFORM - REGULATED TARIFFS - PRINCIPLES USED FOR FIXING NETWORK TARIFFS - FRENCH COMPETITION AUTHORITY - DIFFERENTIATION DEPENDING TYPES OF END CUSTOMERS - ECONOMIC ANALYSIS

Regulating electricity tariffs: An energetic debate

Following the work of the Champsaur Commission and the insistent pressure from Brussels, the organization of the French electricity markets should soon be substantially amended. This dossier presents, in the context of ongoing market liberalization, some of the economic and legal issues raised by the existence of regulated tariffs in the electricity sector. In the first contribution, Mr. Belot gives us a panorama of the European situation. The second contribution, written by Mr. Dyèvre, outlines the methods and principles used by CRE in fixing network tariffs, and in elaborating its opinions on the evolution of regulated power sales tariffs. In the third, Mr. Genevaz evokes the various cases ruled by the French Competition Authority (FCA) on power pricing. Indeed the decisions rendered by FCA may have inspired the solutions adopted by the Champsaur Commission. In the fourth, Mrs. De Cadaran explains why, in her opinion, the future regulatory mechanism must be differentiated depending on the types of end customers that will be supplied by this new system. Finally, in the last one, Mr. Spector sets out an economic analysis on these issues. He stresses in particular that if the solution proposed by the Champsaur Commission seems to be appropriate, its implementation should be carefully regulated. If not, it may not be able to achieve the desired goal.

*This article is an automatic translation of the original article in French, provided here for your convenience. Read the original article. INTRODUCTORY WORDS Sylvain J USTIER Counsel to the Court Vincent J AUNET Counsel to the Court 1. Although the opening up of electricity markets to competition at Community level has now been under way for almost 15 years (the first liberalisation Directive dates from 19 December 1996 [1]), it is clear that there is still some way to go to achieve the creation of a fully open electricity market. 2. Member States and the Community authorities themselves agree on this and this has recently been reflected in the adoption of the third "energy package" [2] in the summer of 2009 (see in particular Directive 2009/72/EC of 13 July 2009

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David Spector, Sylvain Justier, Vincent Jaunet, Anne de Cadaran, Max Belot, Simon Genevaz, Eric Dyevre, Regulating electricity tariffs: An energetic debate, December 2009, Concurrences N° 4-2009, Art. N° 29192, pp. 11-34

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