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Long-term-energy-contracts-3.pdf
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🔗 Source: oxera.com
📊 Size: 120 KB
👤 Author: Oxera
⬇️ Downloads: 81

Summary

The European Commission has been addressing long-term energy contracts in the electricity and gas sectors, characterized by extensive vertical integration and a penchant for such contracts. The Commission's energy sector inquiry in 2007 confirmed the prevalence of these contracts and led to a flurry of antitrust investigations. Despite this, the Commission has not directly dealt with long-term contracts in its legislative measures, instead taking a pragmatic, case-by-case approach. The Commission has opted for informal settlement agreements and rarely adopted formal decisions, leaving unanswered questions about the legality of long-term energy contracts under European competition law. Key questions include what constitutes a long-term contract, their problematic features, and legitimate reasons to justify such contracts. The Commission has considered factors such as exclusivity, territorial protection, and restrictions on export or use of the product, but has not condemned contracts solely based on duration. Recent decisions, such as Gas Natural/Endesa, have highlighted the importance of considering the anti-competitive effects of long-term contracts, particularly when one party is a dominant buyer or supplier.

Description

The European Commission has been addressing long-term energy contracts in the electricity and gas sectors, characterized by extensive vertical integration and...

Technical Information

  • File Format: PDF
  • File Size: 120 KB
  • Pages: 6
  • Language: EN
  • Author: Oxera
  • Total Downloads: 81
  • Last Updated: 21 hours ago

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