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The Essential Facilities Doctrine in European Competition Policy : The Case of Energy Sector

Author

Listed:
  • Adrien de Hauteclocque

    (LdP - Loyola de Palacio Programme - EUI - European University Institute - Institut Universitaire Européen)

  • Frédéric Marty

    (GREDEG - Groupe de Recherche en Droit, Economie et Gestion - UNS - Université Nice Sophia Antipolis (1965 - 2019) - CNRS - Centre National de la Recherche Scientifique)

  • Julien Pillot

    (GREDEG - Groupe de Recherche en Droit, Economie et Gestion - UNS - Université Nice Sophia Antipolis (1965 - 2019) - CNRS - Centre National de la Recherche Scientifique)

Abstract

This article raises the question of the implementation of principles related to the so-called Essential Facilities Doctrine (hereafter EFD) in the European energy sector. Based on a study of the US and European jurisprudence, it first shows that these principles are subject to different interpretations and that the European conception is not necessarily a panacea. It then studies the concrete evolution of European competition policy regarding essential facilities in energy and shows that even though EFD principles are currently implemented with more vigour than ever before, the new challenges the European Union faces may lead regulatory and competition authorities to derogate to the usual doxa. The special case of nuclear capacities in France is finally analyzed in the context of the EDF/Direct Energie case.

Suggested Citation

  • Adrien de Hauteclocque & Frédéric Marty & Julien Pillot, 2011. "The Essential Facilities Doctrine in European Competition Policy : The Case of Energy Sector," Post-Print hal-00634321, HAL.
    • Handle: RePEc:hal:journl:hal-00634321
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    2. Patrice Bougette & Axel Gautier & Frédéric Marty, 2021. "Which access to which assets for an effective liberalization of the railway sector?," Competition and Regulation in Network Industries, , vol. 22(2), pages 87-110, June.

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