This article examines the European Union competition law in the gas sector, particularly the issue of abuse of dominant position, as it has been developed, through the building the single market, secondary legislature and the case law. It discusses the key challenges of the natural monopoly of gas supply in the current single market. In the article is shown duality between the EU law and international economic relations with the external actors through the case of Gazprom.
Table of Contents
I. Abuse of dominant position.
a. Article 102 TFEU.
b. Enforcement of Article 102 TFEU.
II. The “Energy Europe” as a single block.
III. Abuse of dominant position in gas sector. Case law.
IV. Commission’s investigation on the Gazprom’s case.
Research Objectives and Topics
This paper examines European Union competition law within the gas sector, specifically focusing on the legal concept and enforcement of abuse of dominant position, while analyzing the complexities of applying these regulations to international entities like Gazprom.
- Characterization of the current gas market within the EU competition law framework.
- Critically reviewing relevant legislation, including the TFEU and Regulation 1/2003.
- Analyzing case law regarding the abuse of dominant position in the European gas sector.
- Investigating the application of EU competition rules to external companies through the Gazprom case.
Excerpt from the Book
Commission’s investigation on the Gazprom’s case
The EU competition legislation has an impact for the third countries’ companies, operating in the territory of the European Union, or in the territory, where the EU legislation applies, as well as for the companies having commercial relations with the undertakings regulated by the EU law. The effect of the article 102 implementation may be also on cross-border activity. Imports into one Member State may affect the conditions of competition there, and this may have a knock-on effect in others.
Flexible for undertakings in Member States, EU competition policy remains tight enough to external actors. Hence, companies, located outside the EU, are adapting to its rules of law, including the rules of the competition law. By that prompts them fear not to be admitted to the space of the single market. Those companies that have already come to this space are forced to unconditionally comply with these standards.
Summary of Chapters
I. Abuse of dominant position.: Explores the origins and evolution of EU competition law and defines the legal framework for addressing the abuse of dominant positions under Article 102 TFEU.
II. The “Energy Europe” as a single block.: Provides an overview of the EU’s efforts to build a unified internal energy market and the legislative history governing energy policy.
III. Abuse of dominant position in gas sector. Case law.: Reviews significant antitrust cases in the gas sector, examining how the Commission has addressed issues like long-term capacity bookings and network access.
IV. Commission’s investigation on the Gazprom’s case.: Analyzes the formal proceedings opened against Gazprom, discussing the intersection of EU competition law, international relations, and energy security.
Keywords
European Union, Competition Law, Article 102 TFEU, Gas Sector, Abuse of Dominant Position, Gazprom, Internal Market, Antitrust, Energy Policy, Regulation 1/2003, Market Liberalization, Commission Investigation, Energy Security, Third Energy Package.
Frequently Asked Questions
What is the primary focus of this research paper?
The paper examines the application of European Union competition law in the gas sector, specifically investigating how the concept of "abuse of dominant position" is regulated and enforced.
What are the central themes of the study?
Key themes include the development of the EU internal energy market, the legal interpretation of Article 102 TFEU, antitrust case law in the gas industry, and the regulatory impact on non-EU companies.
What is the main research objective?
The main objective is to critically analyze how European competition law is applied to gas market monopolists and to assess the legal and practical implications of the European Commission's investigation into Gazprom.
Which scientific methods are utilized?
The author employs literature research, critical analysis, and a comparative study of case law to examine the current state of competition in the EU gas sector.
What topics are covered in the main body of the work?
The main body covers the legislative framework (TFEU, Regulation 1/2003), the history of the EU energy market, past antitrust enforcement in the gas sector, and the specific Gazprom investigation.
Which keywords characterize this study?
Central keywords include EU competition law, Article 102 TFEU, Gazprom, abuse of dominance, and energy sector regulation.
How does the Commission handle suspected abuses of dominant position?
The Commission conducts investigations and may impose behavioural or structural remedies, such as ordering the end of an abuse or requiring the divestment of assets, along with potential fines.
What is the significance of the Gazprom case in this study?
The Gazprom case serves as a prime example of how EU competition law is applied to external companies and highlights the tension between supranational regulation and international energy agreements.
What is a "commitment decision" in this context?
Under Article 9 of Regulation 1/2003, it is a mechanism where companies offer to make specific commitments to resolve the Commission's concerns, allowing for a settlement without formal findings of infringement.
- Arbeit zitieren
- Elmira Lyapina (Autor:in), 2016, Abuse of dominance in the EU gas sector, München, GRIN Verlag, https://www.grin.com/document/350558
