Subjects:

Energy & Natural Resources Law

Contents:

Part 1 : Introduction

Part 2 : The definition of the relevant market

1. Introduction
2. The relevant product market: Electricity

3. The relevant geographic market: Electricity

4. The relevant product market: Gas

5. The relevant geographic market: Gas

Part 3 : Agreements, decisions concerted practices and the abuse of a dominant position: Art. 81 and 82 EC

1. Introduction

2. Horizontal restrictions

3. Vertical restrictions of competition

4. Article 82 EC: abuse of a dominant position

5. Procedure

Part 4 : Merger Control

1. Introduction

2. Jurisdiction: when does a merger fall under the merger regulation?

3. Substantive assessment of concentrations

4. Merger control in the electricity and gas sectors

5. Remedies in energy mergers

6. Merger procedure

Part 5 : State aid

1. Introduction

2. Coal: the ECSC Treaty

3. Nuclear: the Euroatom Treaty

4. State Aid and the EC Treaty

5. The application of EC state aid law

6. State aid procedure

Part 6 : Article 86: Special and exclusive rights

Appendices

This completely revised and reworked second edition:-

• incorporates the conclusions and consequences of the Sectoral Energy Competition Enquiry;
• contains an entirely reworked section on anti-competitive agreements and practices by Lars Kjolbye, the Head of Unit in charge of anti-trust in the energy sector in the European Commission.
• examines in detail the developments in individual cases concerning long-term capacity reservation and sales/purchase agreements;
• considers recent developments on cases concerning collusion on price and quantity restrictions;
• looks into detail at the consequences of the Sectoral enquiry on abuse of a dominant position, particularly regarding discrimination in network access;
• revises the section on merger control to take account of developments in the methodology in defining markets and defining dominance /significant impediment of competition from the Sectoral enquiry;
• includes major new merger cases: Endesa, GDF/Suez, E.ON/MOL, DONG;
• updates the State Aid section to take account of new decisions on renewable support schemes, security of supply.