EC merger control regulation and the energy sector: An analysis of the European Commission's decisional practice on remedies

The purpose of the present paper is to assess the compatibility of the remedies negotiated between the European Commission and the merging parties in those concentrations concerning the energy sector, with the provisions and the objectives of the Merger Regulation, and, at the same time, to analyze the types and characteristics of such commitments in light of the principles of the Notice on Remedies .In the course of the paper it will be argued that the conditions and obligations attached to some of the Commission decisions in the energy sector should be considered illegitimate in light of the fact that the objective of such undertakings is not only, as it should be, to maintain and/or restore an effective competition on the market affected by the transaction, but also to positively regulate the structure of such market. It will be concluded that, not only in the energy sector, but as a general rule, the Commission should exercise its powers under the Merger Regulation in light of the exclusive objective of ensuring the competitive structure of the common market, while market regulation should be pursued through legislation, following the ad hoc procedures provided for by the EC Treaty.