ABSTRACT

This chapter outlines how the European Union competition law provisions dealing with: anticompetitive agreements; abuse of dominant position; concentrations among undertakings; and the derogations to these undertakings providing services of general economic interest have been applied to electricity and gas and used to reshaped European energy markets. It distinguishes between the application of competition law before the full energy market opening and post full energy market opening. Despite early community interest, there was no questioning of the granting of exclusive and special rights to energy companies, if not precluding competition at least reducing it, until the late eighties. In accordance with the enforcement priorities set out as early as 1998 the Commission would act against agreements and behaviour impeding the wholesale and retail markets unlocking these through commitments parallel to improving effective access to the infrastructure.