Liberalization of Electricity Markets and the Public Service Obligation in the Energy Community

Liberalization of Electricity Markets and the Public Service Obligation in the Energy Community

Author: Rozeta Karova

Publisher: Kluwer Law International B.V.

Published: 2012-02-01

Total Pages: 422

ISBN-13: 904114191X

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This book presents the first in-depth analysis of the export of the EU electricity acquis, through the imposition of an EU-type regional electricity market (REM) in SEE within the enlargement process. Among other germane issues, the author discusses the following: the suitability of the European model of electricity markets’ liberalization for economies in transition; the use of the Public Services Obligations (PSO) to address the impact of electricity markets liberalization; the use of regulated prices and measures for granting priority rights for cross-border capacity allocation as PSOs; the Court of Justice judgement in Federutility on the sustainability of states’ protection of their different types of customers, including the large businesses; the Energy Community as a step towards a Pan-European Energy Community; the effect of simultaneous national electricity markets liberalization and cross-border regional integration of national electricity markets; and, the interplay between liberalization policy and reforms and the regulatory tools available to address their impact on provision of public services. The author’s proposed rethinking of the public services obligation offers new views on using this tool more effectively and proposes possibilities for its practical implementation through measures such as energy efficiency, allocation of interconnectors’ capacity, transparency, addressing the affordability issue and the protection of vulnerable customers. The book is remarkable for its clear analysis of the policy lessons arising from the export of the idea of liberalized energy markets, and will be welcomed by practitioners, officials, academics and others in energy law and policy for its informative and forward-looking overview of the national and cross-border reforms in the Energy Community framework.


The Liberalization of Electricity and Natural Gas in the European Union

The Liberalization of Electricity and Natural Gas in the European Union

Author: Damien Geradin

Publisher: Kluwer Law International B.V.

Published: 2001-07-11

Total Pages: 330

ISBN-13: 9041115609

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In this important book, notable European experts in the energy field provide valuable perspectives on the principal issues raised by the liberalisation of the electricity and natural gas markets in the EU. Lawyers, business people, regulators, and policymakers who deal with matters and issues in the energy, natural resources, and environmental fields will find the details and insights presented here of great value.


The Electricity Market in Germany Regarding the EU Directives to Market Liberalisation

The Electricity Market in Germany Regarding the EU Directives to Market Liberalisation

Author: Valentin Balint Pikler

Publisher: GRIN Verlag

Published: 2010-07

Total Pages: 129

ISBN-13: 3640654366

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Master's Thesis from the year 2010 in the subject Business economics - Economic Policy, grade: 1, Oxford Brookes University, language: English, abstract: The main understanding of this work will suggest that the electricity market liberalisation need a new impulse from the biggest market players and from the regulators. The liberalisation process is defaulting; the practice and implementation should more precedes as the electricity market in the EU. The base; the Directives are settled by the Commission. The implementation by the big four companies on the market is be a long time coming. There is a wide range of different national experiences of liberalisation electricity markets in terms of the degree of the concentration of generation, the stringency of unbundling public ownership and regulatory institutions. The thesis is combining the "Third Party Access" and the "Single Buyer Model" with its empirical evidence and their implementation for Germany. However, the results of this report will reach a number of significant conclusions at the end of the thesis and will make several policy recommendations. (Blaxter,2006). It draws a distinction between observations that are relevant to the design a well functioned electricity markets. The German electricity sector has undergone considerable changes throughout the past few years (RWE, 2007). Main developments were related to liberalisation of electricity markets (generation and sell of power) and transport of electricity (grid operations), the evolving European CO2 emissions trading scheme and the promotion of renewable electricity generation.


The Interplay between European Merger Control Law and the Liberalisation of European Electricity, Natural Gas and Petroleum Markets

The Interplay between European Merger Control Law and the Liberalisation of European Electricity, Natural Gas and Petroleum Markets

Author: Henning Matthiesen

Publisher: GRIN Verlag

Published: 2023-04-21

Total Pages: 661

ISBN-13: 3346858855

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Doctoral Thesis / Dissertation from the year 2020 in the subject Law - European and International Law, Intellectual Properties, grade: 2,2, Leuphana Universität Lüneburg (Fakultät Wirtschaftswissenschaften), language: English, abstract: This doctoral thesis examines how European merger control law is applied to the energy sector and to which extent its application may facilitate the liberalisation of the electricity, natural gas and petroleum industries so that only those concentrations will be cleared that honour the principles of the liberalisation directives. In 2007, the Commission emphasized that a real internal European energy market is essential to meet Europe’s three energy objectives. These were for example competitiveness to cut costs for citizens and undertakings to foster energy efficiency and investment, sustainability including emissions trading, and security of supply with high standards of public service obligations. The EU issued three pre-liberalisation directives since the 1990s. Dissatisfied with the existing monopolistic structures, in Germany through demarcation and exclusive concession agreements for the supply of electricity and natural gas, which were until 1998 exempted from the cartel prohibition provision, and the prevalence of exclusive rights on the energy markets, the Commission triggered infringement proceedings against four Member States. The CJEU confirmed that the Commission has the power to abolish monopoly rights under certain circumstances and the rulings had the effect of convincing the member states to enter into negotiations for an opening up of energy markets owing to the internal market energy liberalization directives 1996 / 1998 / 2003 / 2009 / 2019. The 2nd liberalisation package of 2003 brought a widening of market opening and acceleration of pace of market opening to a greater number of eligible customers and an increase in the provisions on management and legal unbundling. The 3rd energy package of 2009 addressed ownership unbundling of key-infrastructure ownership and energy wholesale and retail supply consisting of three regulations and two directives. The 4th liberalization package inter alia consists of a new IEMD2019 and IGMD2019 and addresses energy efficiency and rules on good governance in the Energy Union. A brief analysis of the economic implications of concentrations is followed by an assessment of the evolution of European merger control law since 1989, 1997 and 2004. Then, the theoretical findings are contrasted to the results of recent merger proceedings in the energy sector.


The Transformation of Economic Law

The Transformation of Economic Law

Author: Lucila de Almeida

Publisher: Bloomsbury Publishing

Published: 2019-09-05

Total Pages: 432

ISBN-13: 1509932607

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This book is written in honour of Hans-W. Micklitz for his jubilee 70th birthday and the closure of his twelve-year term as the Chair for Economic Law at the European University Institute (EUI). Hans-W. Micklitz has gained international recognition for dedicating his extensive and fruitful career to diverse areas of law: European Economic Law, European Private Law, National and European Consumer Law, Legal Theory, theories of Private Law and Social Justice. This book is a product of the collaborative endeavors of its contributors, who all have a special connection with Hans W. Micklitz as his doctoral supervisees or research assistants. The collection of twenty chapters is to be read as the influence of Hans's dialogues in the early stage of the academic career of thirty-one young legal scholars. The volume is divided into three sections devoted to subjects that have received Hans's attention while at the EUI: EU Consumer Law (part I); European Private Law and Access Justice (part II); the CJEU between the individual citizen and the Member States (part III).


The Proliferation of Privileged Partnerships between the European Union and its Neighbours

The Proliferation of Privileged Partnerships between the European Union and its Neighbours

Author: Sieglinde Gstöhl

Publisher: Routledge

Published: 2019-06-26

Total Pages: 342

ISBN-13: 0429788908

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This edited volume provides a timely analysis of the European Union’s ‘privileged’ partnerships with neighbouring countries, identifying key points of comparison. It analyses which policy areas are covered and why, the reasons why a specific institutional arrangement has been chosen, the major advantages and shortcomings for both sides and how effectively the privileged partnerships have worked in practice. Drawing on a number of case studies, the book highlights critical junctures and path dependence in the EU’s external relations and examines what general lessons can be drawn regarding privileged partnerships, in particular with a view to the UK’s post-Brexit relationship with the EU. This book will be of key interest to scholars, students and practitioners in EU affairs, European politics, diplomacy studies, and more broadly to international relations and law.


Regulating Gas Supply to Power Markets

Regulating Gas Supply to Power Markets

Author: Tade Oyewunmi

Publisher: Kluwer Law International B.V.

Published: 2018-05-08

Total Pages: 275

ISBN-13: 9041199098

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Natural gas, a vital primary source of energy for the twenty-first century economy, is poised to play a major role in the medium- to long-term outlook of energy systems worldwide. Its supply to power markets for electricity generation and other energy purposes through the stages of exploration, production, gathering, processing, transmission, and distribution have been a key driver in gas commercialisation over the past two to three decades. This book discusses insights from law and economics pertaining to gas and energy supply contracts, regulation, and institutions. It provides an in-depth ‘law-in-context’ analysis of the approaches to developing competitive and secure gas-to-power markets in an increasingly international, interrelated, and interconnected value chain. Recognising a general move towards structural reforms and economic regulation of gas and energy markets globally, the author incisively addresses the following questions: – Is there a single ‘ideal’ model or approach for ensuring effectiveness in the restructuring and regulation of gas supply to power markets? If not, then what constitutes the matrix of models and approaches? – What are the underlying principles, assumptions, and institutional structures that will enhance the modern approaches to developing competitive, secure, and sustainable gas supply to power markets? – What are the factors that determine or affect the effectiveness and efficiency of such approaches and regulatory frameworks? The book critically explores the instrumental role of regulation and organisational institutions in the restructuring and development of gas supply markets. It examines the evolution of economic approaches to regulation, competitiveness, and security of gas supply in the United States and the United Kingdom. It considers the EU as a supranational union of developed economies and Nigeria as a developing economy, in the process of applying these paradigms of economic regulation and restructuring of gas-to-power markets. In a law and policy environment where training and educational centres, lawyers, and public and corporate energy advisors are becoming more concerned about competitiveness and efficiency in gas resource allocation and pricing – and about high-quality governance frameworks for industries that depend on reliable gas supplies – this vital book will be warmly welcomed by lawyers, policymakers, energy consultants, analysts, regulators, corporate investors, academics, and institutions concerned with and engaged in the business of exploration, production, and supply of gas for energy purposes.


Application of Anti-manipulation Law to EU Wholesale Energy Markets and Its Interplay with EU Competition Law

Application of Anti-manipulation Law to EU Wholesale Energy Markets and Its Interplay with EU Competition Law

Author: Huseyin Cagri Corlu

Publisher: Kluwer Law International B.V.

Published: 2018-06-05

Total Pages: 314

ISBN-13: 9041196048

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In the course of energy liberalisation, electricity and natural gas contracts have been separated from physical delivery, and these contracts are now traded as commodities in multilateral trading facilities. Although designed to render energy trading standardised and efficient, this system raises serious questions as to whether existing regulatory and antitrust provisions are sufficient to address market abuses that cause imbalances in demand and supply. The European Union’s (EU’s) Regulation on Wholesale Energy Market Integrity and Transparency (REMIT), adopted to combat such market manipulation, is still lacking in significant case law to bolster its effectiveness. Addressing this gap, this invaluable book provides the first in-depth analysis of market manipulation in the energy sector, offering a deeply informed understanding of the new anti-manipulation rules and their implementation and enforcement. Focusing on practices that perpetrators employ to manipulate electricity and natural gas markets and the applicability of anti-manipulation rules to combat such practices, the analysis examines such issues and topics as the following: – factors and circumstances that determine when and what market misconduct can be subject to enforcement; – the European Commission’s criteria to determine whether a particular market is susceptible to regulation; – jurisdiction of REMIT and the Market Abuse Regulation (MAR) with respect to the prohibitions of insider trading in financial wholesale energy markets; – to what extent anti-manipulation rules and EU competition law may be applied concurrently; and – types of physical and financial instruments that market participants have employed in devising their manipulative schemes. Because market manipulation is rather new in the EU context but has been prohibited and prosecuted under US law for over a century, much of the case law analysis is from the United States and greatly clarifies how anti-manipulation rules may be enforced. A concluding chapter offers policy recommendations to mitigate legal uncertainties arising from REMIT. Energy market participants, such as energy producers, wholesale suppliers, traders, transmission system operators and their counsel, and legal practitioners in the field will welcome this book’s extensive legal analysis and its clear demarcation of the objectives that REMIT seeks to accomplish with respect to energy market liberalisation.