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Research Handbook on EU Competition Law and the Energy Transition
The Research Handbook on EU Competition Law and the Energy Transition comprehensively analyses key topics in the field, covering both traditional and emerging antitrust, state aid, and policy issues related to energy transformation, increased sustainability goals and the functioning of European energy markets.
More Information
Critical Acclaim
Contents
More Information
The Research Handbook on EU Competition Law and the Energy Transition comprehensively analyses key topics in the field, covering both traditional and emerging antitrust, state aid and policy issues related to energy transformation, increased sustainability goals and the functioning of European energy markets.
Across 17 authoritative chapters, leading experts in the competition, state aid and energy law fields blend academic rigour with practical insights. Contemporary issues are discussed such as the European energy markets’ regulatory frameworks, the legality of agreements between energy players, market power abuse in energy markets and the way that States may play a direct role when intervening in the sector to promote renewable energy forms of the security of energy supply. The Research Handbook examines current geopolitical, social and technological changes and challenges in the energy sector within an economic law context and addresses the ongoing restructuring of European energy markets.
Balancing theory, practice and actionable advice, this Research Handbook is an essential reference work for academics and students in competition and antitrust law and energy law. Legal practitioners and policymakers working in the energy and competition law sector will also find this to be an indispensable resource.
Across 17 authoritative chapters, leading experts in the competition, state aid and energy law fields blend academic rigour with practical insights. Contemporary issues are discussed such as the European energy markets’ regulatory frameworks, the legality of agreements between energy players, market power abuse in energy markets and the way that States may play a direct role when intervening in the sector to promote renewable energy forms of the security of energy supply. The Research Handbook examines current geopolitical, social and technological changes and challenges in the energy sector within an economic law context and addresses the ongoing restructuring of European energy markets.
Balancing theory, practice and actionable advice, this Research Handbook is an essential reference work for academics and students in competition and antitrust law and energy law. Legal practitioners and policymakers working in the energy and competition law sector will also find this to be an indispensable resource.
Critical Acclaim
‘This book is an important addition to the existing literature on sustainability and competition law for three reasons. Firstly, transition to low carbon energy is the single most important aspect of the fight against climate change. Secondly, it shows how competition policy can (and must) complement regulation. Thirdly, it explores not only well developed areas like sustainability agreements and competition law, but also underdeveloped areas such as the role merger control and the law on abuse of dominance and state aid can play in the energy transition.’
– Simon Holmes, Member, UK Competition Appeal Tribunal, UK
– Simon Holmes, Member, UK Competition Appeal Tribunal, UK
Contents
Contents
PART I OLD WINE IN NEW BOTTLES: THE ENERGY
TRANSITION’S IMPACT ON COMPETITION POLICY MATTERS
1 Introduction to the Research Handbook on EU Competition Law and
the Energy Transition 2
Leigh Hancher and Ignacio Herrera Anchustegui
2 Long-term energy supply contracts in the EU: where competition policy
meets market design 13
Peter Alexiadis
3 Long-term upstream gas supply and purchase agreements and
competition law considerations 38
Kim Talus and Aikaterini Florou
4 From geographical restrictions to the importation of natural gas to the
EU: between prohibitions of territorial clauses and security of supply
exceptions 54
Nuno Cunha Rodrigues
5 Relevant offshore electricity markets: energy hubs and hybrid solutions 71
Ceciel Nieuwenhout
6 EU taxonomy, level playing field and competition policy in the energy sector 90
Berte-Elen Konow
PART II AGREEMENTS FOR SUSTAINABILITY
7 Collaborating in offshore renewable energy projects and competition
law: consortium bids in deep waters 117
Even Tukun and Ignacio Herrera Anchustegui
8 Sustainability agreements and Article 101(3) TFEU 143
Ronny Gjendemsjø
9 Climate change and the energy transition: what role for Article 101(3) TFEU? 158
Julian Nowag and Wolf Sauter
PART III MARKET POWER
10 Access to energy networks: between abuse of dominance, third party
access and unbundling 182
Gonçalo Coelho
11 Applying competition law to cross-border interconnector cables in
a changing, high-price electricity sector 202
Julius Rumpf and Leigh Hancher
12 Data leveraging in energy markets in the aftermath of EDF and ENEL:
taking stock, looking ahead 236
Alexis Brunelle, Adrien de Hauteclocque, Pablo Ibanez-Colomo and Juliette Ogez
13 Merger control and sustainability in the energy sector 253
Tjarda van der Vijver
14 Article 22 of the EC Merger Regulation – National and European
control: energy sector 277
Michał Krzykowski
PART IV STATE INTERVENTION AND AID
15 The new State Aid Guidelines on Climate, Environmental Protection
and Energy: what changes do they bring? 298
Antonis Metaxas
16 Building an industry through State aid and energy auctions: solar power 323
Hugo Talbot and Nicole Robins
17 Capacity remuneration mechanisms: new rules, new problems? 346
Kaisa Huhta
PART I OLD WINE IN NEW BOTTLES: THE ENERGY
TRANSITION’S IMPACT ON COMPETITION POLICY MATTERS
1 Introduction to the Research Handbook on EU Competition Law and
the Energy Transition 2
Leigh Hancher and Ignacio Herrera Anchustegui
2 Long-term energy supply contracts in the EU: where competition policy
meets market design 13
Peter Alexiadis
3 Long-term upstream gas supply and purchase agreements and
competition law considerations 38
Kim Talus and Aikaterini Florou
4 From geographical restrictions to the importation of natural gas to the
EU: between prohibitions of territorial clauses and security of supply
exceptions 54
Nuno Cunha Rodrigues
5 Relevant offshore electricity markets: energy hubs and hybrid solutions 71
Ceciel Nieuwenhout
6 EU taxonomy, level playing field and competition policy in the energy sector 90
Berte-Elen Konow
PART II AGREEMENTS FOR SUSTAINABILITY
7 Collaborating in offshore renewable energy projects and competition
law: consortium bids in deep waters 117
Even Tukun and Ignacio Herrera Anchustegui
8 Sustainability agreements and Article 101(3) TFEU 143
Ronny Gjendemsjø
9 Climate change and the energy transition: what role for Article 101(3) TFEU? 158
Julian Nowag and Wolf Sauter
PART III MARKET POWER
10 Access to energy networks: between abuse of dominance, third party
access and unbundling 182
Gonçalo Coelho
11 Applying competition law to cross-border interconnector cables in
a changing, high-price electricity sector 202
Julius Rumpf and Leigh Hancher
12 Data leveraging in energy markets in the aftermath of EDF and ENEL:
taking stock, looking ahead 236
Alexis Brunelle, Adrien de Hauteclocque, Pablo Ibanez-Colomo and Juliette Ogez
13 Merger control and sustainability in the energy sector 253
Tjarda van der Vijver
14 Article 22 of the EC Merger Regulation – National and European
control: energy sector 277
Michał Krzykowski
PART IV STATE INTERVENTION AND AID
15 The new State Aid Guidelines on Climate, Environmental Protection
and Energy: what changes do they bring? 298
Antonis Metaxas
16 Building an industry through State aid and energy auctions: solar power 323
Hugo Talbot and Nicole Robins
17 Capacity remuneration mechanisms: new rules, new problems? 346
Kaisa Huhta
