Vertical natural gas transportation capacity, upstream commodity contracts and EU competition law
著者
書誌事項
Vertical natural gas transportation capacity, upstream commodity contracts and EU competition law
（Energy and environmental law & policy series : supranational and comparative aspects, v. 18）
Wolters Kluwer Law & Business, c2011
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注記
Includes bibliographical references (p. [279]-309) and index
内容説明・目次
内容説明
Because the EU depends on a very small number of external suppliers for its natural gas, energy security issues inevitably arise. In theory, competition law should regulate and adjudicate such issues. Yet, because contracts between EU companies and producers are highly sensitive and politically charged, the application of EU competition law to natural gas contracts is far from clear. This important book, drawing on ECJ case law, Commission administrative cases and inquiries, and the full range of relevant legal and economic theory, provides an extremely valuable and detailed study of how EU competition law can be applied to long-term natural gas capacity reservation and commodity contracts. Issues and topics such as the following arise in the course of the analysis: Third Gas Market Directive provisions; Article 102 TFEU cases on strategic under-investment; pre-liberation or legacyA" gas contracts (e.g., with Algeria and Russia); right of first refusalA"; take-or-pay requirement; third-party access; ownership unbundling; effect of elimination of priority access regimes; short-term trading; spot markets; and law and economics of vertical restraints.
Focusing on the foreclosing effect of long-term upstream commodity contracts, the author recommends restrictions on the use of capacity reservation contracts, and analyses the efficacy of security of supply as a competition law defence in cases relating to such contracts. In addition to its substantial value to academics and policymakers as a significant contribution to competition law theory and practice, this book will also be widely welcomed by all concerned with European energy security or the changes in the traditional contractual structures underpinning EU natural gas trade. With a foreword by Jonathan Sterns.
目次
- Bibliography. Introductory Chapter.
- EU Natural Gas Markets and Long-Term Contracting - An Overview of Economic and Political Aspects.
- Security of Supply in the European Union.
- Key EU Gas Market Regulation Relating to Long-Term Contracting.
- The Application of EU Competition Law in Natural Gas Markets - Background and Developments.
- Compatibility of Vertical Natural Gas Transportation Capacity, Commodity Contracts and EU Competition Law.
- Security of Supply as Objective Justification.
- Conclusion.
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