Ownership Unbundling

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Ownership Unbundling And Related Measures In The Eu Energy Sector

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Author : Tilman Michael Dralle
language : en
Publisher: Springer
Release Date : 2018-04-24

Ownership Unbundling And Related Measures In The Eu Energy Sector written by Tilman Michael Dralle and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-04-24 with Law categories.

This book provides the first comprehensive analysis of unbundling and, in particular, ownership unbundling policies from the perspective of international economic law. It does so by focusing on the prominent example of the EU’s energy sector and its Third Energy Package. Unbundling has become an increasingly crucial competition instrument in network-bound industries worldwide. It is designed to ensure access to bottleneck infrastructures on fair and non-discriminatory terms and thus to suppress the anti-competitive potential deriving from vertical integration in natural monopoly situations. While promoting important public policy objectives, unbundling policies have also raised a number of legal issues. This book analyzes how international economic law limits the adoption and maintenance of unbundling and related measures and also outlines how international trade law can play a ‘positive’ role in this field. As a result, it provides a valuable reference for academics, practitioners and policy-makers.

Ownership Unbundling In Eu Legal Problems

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Author : Michael D. Diathesopoulos
language : en
Publisher:
Release Date : 2010

Ownership Unbundling In Eu Legal Problems written by Michael D. Diathesopoulos and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with categories.

In this paper we will examine the issue of ownership unbundling and forced divestiture remedies imposed in a series of recent competition law cases of the energy market - examined in other papers - in relation to the possible existence of a series of legal obstacles. These energy market decisions belong to a group of antitrust cases in which a structural divestiture remedy has been imposed under the provisions of Article 9 of Regulation 1/2003. This divestiture refers to transmission networks and to generation capacity and is meant to lead to severe structural changes, which are compatible with the findings of 2007 Sector Inquiry and its Proposals for the Third Energy Package and are assumed to accelerate the progress of the establishment of the internal energy market. By favouring such remedies in these cases, Commission affirmed its position as the latter was expressed in relation to the Third Energy Package. Commission suggested ownership unbundling as the most important remedy, in order to resolve problems in the energy sector, related to vertically integrated big firms. Commission proposed full ownership unbundling, meaning the complete separation of ownership of generation assets from ownership of transmission assets and the separation of all network functions from the other activities of the energy supply undertaking, as the best possible solution, which would also lead to the dissolution of big “national champions.” Therefore, ownership unbundling and divestiture of assets as an antitrust remedy share a common basis, meaning that they lead to the transfer of corporate assets to a third party. For this reason, we will examine the issue of the legality of these remedies, in the same way as we would examine the legal enforceability of ownership unbundling. However, we should note that there are two major differences between the two cases. First, regarding the antitrust decisions, this transfer was imposed as a result of the application of general competition rules in specific cases where Commission assumed that the undertakings were involved in anticompetitive behaviour and applied its powers deriving directly from the EC Treaty, in order to restore competition; on the other hand in the Third Energy Package, unbundling constitutes a measure of the sector specific regulation, intended for a general and not prespecified group of undertakings. Second, in the Third Energy Package, ownership unbundling is established as the basic and default solution for transmission, however a number of alternatives exist; on the other hand, in the antitrust cases, divestiture was imposed as an obligatory remedy. These differences will be taken into consideration in our further analysis. Literature suggests that there may be a series of legal objections against ownership unbundling: a) art. 345 TFEU (former art. 295 EC), b) the issue of EU's competences, c) the issue of ownership and other fundamental rights under the ECHR an EU Law and d) the issue of compatibility with the freedom of capital movement and the freedom of establishment.

The Limits Of Europeanisation Domestic Constraints On Ownership Unbundling Of National Electricity Systems

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Author : Nico Miguel
language : en
Publisher: GRIN Verlag
Release Date : 2020-07-09

The Limits Of Europeanisation Domestic Constraints On Ownership Unbundling Of National Electricity Systems written by Nico Miguel and has been published by GRIN Verlag this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-07-09 with Political Science categories.

Master's Thesis from the year 2020 in the subject Politics - Topic: European Union, grade: 1,7, Maastricht University, language: English, abstract: While Bartle stresses that national institutions may protract the introduction of electricity reform, his research is on a more general level and does not explicitly focus on the costs of adaptation resulting from compensating losers of reform and convincing opposing political veto players. By doing so, important nuances of national responses to exogenous reform pressures may be overlooked. This thesis addresses this gap by asking the following research question: What explains the variation in unbundling regime choice between European countries after the Third Electricity Directive? The example of ownership unbundling provides a relevant empirical example to unequivocally comprehend the redistribution of resources resulting from a liberalisation reform initiative. When governments plan to unbundle VIUs, they directly interfere with the interests of several private and public actors. Thus, depending on the exact interest and governance configurations, full unbundling induces varying costs of compensation and (re-)negotiation for governments. I argue that an adaptation-cost-based account of member states’ reform capacities allows us to obtain a better understanding of the pace and timing of electricity sector liberalisation in the EU as well as processes of Europeanisation more generally. The research question will be addressed through the lens of the rational-choice variant of Börzel & Risse’s goodness-of-fit framework which is complemented by the historical institutionalist notion of path dependencies.

The 3rd Energy Package Benefits And Deficits Of The Ownership Unbundling

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Author : Ziya Baghirzade
language : en
Publisher: GRIN Verlag
Release Date : 2014-08-22

The 3rd Energy Package Benefits And Deficits Of The Ownership Unbundling written by Ziya Baghirzade and has been published by GRIN Verlag this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-08-22 with Law categories.

Scientific Essay from the year 2014 in the subject Law - Civil / Private, Trade, Anti Trust Law, Business Law, grade: 2.0, Free University of Berlin, course: Master degree, language: English, abstract: Achieving a genuine internal energy market is a priority goal for the European Union. The internal energy market is made up of the European gas and electricity markets. It has been the subject of several successive sets of directives and regulations, grouped into “legislative packages”. There have been three such packages up to now, put together by the European Parliament and the European Union Council, which establish common rules for the internal energy market for all Member States. In 2007, the European Commission drew up an assessment report on the internal market based on a sector-specific survey of the gas and electricity markets. It concluded that there were still numerous deficiencies preventing both consumers and the industry from fully reaping the benefits of open national markets. The Commission then announced that a 3rd legislative package would be introduced to reinforce the rules so far adopted. The aim of 3rd Energy Package which was adopted in 2009 was to make the energy market fully effective and to create a single EU gas and electricity market. This would help to keep prices as low as possible and increase standards of service and security of supply. The most important proposal of the "3rd Energy Package" is "ownership unbundling" - separating the operation of gas pipelines and electricity networks from the business of providing gas or generating power. The purpose of ownership unbundling is to promote an open and transparent market, non-discriminatory access to networks and a level playing field. The idea is to combat cross-subsidization between generation/supply and networks, including exchange of strategic information, to ensure both undistorted competition in electricity and gas markets and sufficient investment in networks. Therefore, in order to value the importance of the Third energy package for ensuring effective competition the principles of ownership unbundling should be precisely discussed. Thus in the first part of this paper general information about Third Energy Package will be given and brief description of principles, benefits and deficits of the ownership unbundling will be discussed in the following parts respectively. The conclusion part answers the question whether existence of the ownership unbundling, as a main part of the 3rd Energy Package is sufficient to ensure effective competition or not.

Special Issue Ownership Unbundling In Network Industries

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Author : Gert Brunekreeft
language : en
Publisher:
Release Date : 2011

Special Issue Ownership Unbundling In Network Industries written by Gert Brunekreeft and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011 with categories.

Ownership Unbundling Of Electricity Distribution Networks

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Author :
language : en
Publisher:
Release Date :

Ownership Unbundling Of Electricity Distribution Networks written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on with categories.

On The Allocative Efficiency Of Ownership Unbundling

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Author : Friedel Bolle
language : en
Publisher:
Release Date : 2006

On The Allocative Efficiency Of Ownership Unbundling written by Friedel Bolle and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with categories.

Ownership Unbundling In Electricity Distribution Empircal Evidence From New Zealand

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Author : Paul Nillesen
language : en
Publisher:
Release Date : 2022

Ownership Unbundling In Electricity Distribution Empircal Evidence From New Zealand written by Paul Nillesen and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022 with categories.

Ownership Unbundling In Electricity Distribution

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Author : Paul Nillesen
language : en
Publisher:
Release Date : 2008

Ownership Unbundling In Electricity Distribution written by Paul Nillesen and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with categories.

Ownership Unbundling In Electricity Markets A Social Cost Enefit Analysis Of The German Tsos

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Author : Gert Brunekreeft
language : en
Publisher:
Release Date : 2022

Ownership Unbundling In Electricity Markets A Social Cost Enefit Analysis Of The German Tsos written by Gert Brunekreeft and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022 with categories.