The paper develops the concept of competition law-ization of EU regulation and applies it to current and forthcoming rules of EU energy regulation. "Competition law-ization" concerns the institutional structure of EU regulation. It consists of three aspects, namely (i) direct access to regulatees, i.e. the ability to speak directly to undertakings without the intermediation of Member States' structures, or with as little intermediation as possible; (ii) networked enforcement, i.e., the creation of an orderly European apparatus that enforces EU law under the direction of the Commission; and (iii) private enforcement, i.e. the ability of private undertakings and individuals to enforce their rights, thus effectively patrolling the market. These aspects have been imported from competition law into EU telecommunication regulation and the result has been successful. The paper argues that competition law-ization could remedy some of the shortcomings of liberalization in the European energy sector. The recent proposals to reform EU energy regulation are assessed in the light of competition law-ization. Overall, the proposals can be seen as going in the direction of competition law-ization, but unbundling is criticized as a one-off structural measure that is incapable of giving rise to a permanent structure of rights that can be conducive to more effective regulation.
We examine the optimal behavior of carbon-emitting companies operating under the European Union Emission Trading System (EU ETS), under which firms are obliged to purchase emission permits on the secondary [...]
The Brief explores pathways to promote a sustainable agricultural trade regime for the EU. We identify three challenges and propose three potential paths forward. We discuss potential implications of the [...]
The rewable energy resources within EU27 are highly dominated by wind and solar energy delivering electricity as output. As electrification is the most efficient way to deliver the energy services [...]
Manufacturing firms in the EU face the double challenge of decarbonisation and (international) competitive pressure. Based on the key findings of the 2024 EIB investment survey and considering the economic [...]
Regulation 1370/2007, as amended by the Fourth Railway Package, set the date of 25 December 2023 for the opening to competition of services subject to public service obligations. As opposed [...]
This policy brief contends that a new approach to Long Term Contracts (LTCs) in European competition policy based on new facts, new realities and a revised reasoning must be urgently [...]
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