Market Building through Antitrust: Long-term Contract Regulation in EU Electricity Markets (Loyola de Palacio Series on European Energy Policy)

'Long-term energy contracts pose one of the greatest challenges for EU competition law. Focusing on electricity markets and contracts, this book provides interesting new approaches and guidance in this area of EU law. The book also examines a wider and even more difficult issue: what role can competition law have in creating markets. The book delivers. It is a remarkably lucid account of difficult issues. A must-have book for practitioners and policy makers alike.'
- Kim Talus, University of Eastern Finland

Market Building through Antitrust investigates the role of antitrust policy in the building of competitive energy markets in Europe.

By looking at the specific problem of long-term supply and access contracts in the electricity sector, the book questions the suitability of antitrust policy as a market building tool. It shows that the institutional infrastructure that pre-dated competitive reform and the politics of liberalization have largely shaped the current dynamics at work in European energy regulatory practice. In particular, antitrust law has increasingly been used as a quasi-ex ante regulatory tool, thereby raising problems in terms of economic efficiency, legal certainty and political legitimacy.

By mixing legal, political and economic perspectives, this book will appeal to a wide range of readers from academia in law, economics and political science, regulatory and competition authorities, as well as legal and consulting practices and business economists.

Contents: Foreword General Introduction 1. The Problem of Long-term Contracts in Decentralized Electricity Markets: An Economic Perspective 2. Vertical De-integration and Single Market Integration in the European Union: An Incomplete Transition 3. The Antitrust Strategy of the European Commission on Long-term Contracts: Is the New Methodology truly 'More Economic'? 4. Long-term Contracts Across Member States: The Problem of Priority Access Rights to Interconnectors 5. The Strategy of the European Union for the Development of Interconnectors: Assessing the Role of Merchant Transmission Investment with Vincent Rious Bibliography Index