IDEAS home Printed from https://ideas.repec.org/p/rsc/rsceui/2011-34.html
   My bibliography  Save this paper

Energy Liberalization in Antitrust Straitjacket: A Plant Too Far?

Author

Listed:
  • Malgorzata Sadowska

Abstract

The European Commission has launched a number of antitrust investigations against the major energy incumbents in the aftermath of the energy sector inquiry. Most of them have already been settled under Article 9 of the EC Regulation 1/2003 and the undertakings offered far-reaching, sometimes structural, commitments. This article studies the 2008 investigation into price manipulation in the German electricity wholesale market. In spite of no convincing evidence and flaws in the assessment, the Commission was able to negotiate from E.ON substantial capacity divestments. The Commission is straightforward about using antitrust rules to open up energy markets. Sector inquiries, commitment procedure and structural remedies allow for a quick intervention, flexible problem-solving and bring about decisive changes in the energy market setting. However, harnessing antitrust for the purpose of energy liberalization policy has an adverse impact on competition enforcement itself. First, it leads to a number of ‘weak’ cases, based on far-fetched arguments. Second, it results in remedies which are not tailored to the abuse at issue, but are in line with a wider objective of energy market liberalization, and as an outcome of negotiations, further swayed by the firm’s own interest in the ultimate shape of the commitment package.

Suggested Citation

  • Malgorzata Sadowska, 2011. "Energy Liberalization in Antitrust Straitjacket: A Plant Too Far?," RSCAS Working Papers 2011/34, European University Institute.
  • Handle: RePEc:rsc:rsceui:2011/34
    as

    Download full text from publisher

    File URL: http://cadmus.eui.eu/bitstream/handle/1814/18358/RSCAS_2011_34.pdf?sequence=1
    File Function: Full text
    Download Restriction: no

    Citations

    Citations are extracted by the CitEc Project, subscribe to its RSS feed for this item.
    as


    Cited by:

    1. Tomaso Duso & Florian Szücs & Veit Böckers, 2017. "Abuse of Dominance and Antitrust Enforcement in the German Electricity Market," CESifo Working Paper Series 6681, CESifo Group Munich.

    More about this item

    Keywords

    energy policy; competition law; Germany;

    NEP fields

    This paper has been announced in the following NEP Reports:

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:rsc:rsceui:2011/34. See general information about how to correct material in RePEc.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: (RSCAS web unit). General contact details of provider: http://edirc.repec.org/data/rsiueit.html .

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    We have no references for this item. You can help adding them by using this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service hosted by the Research Division of the Federal Reserve Bank of St. Louis . RePEc uses bibliographic data supplied by the respective publishers.