The Application of EU Competition Law in the European Natural Gas Market

The Application of EU Competition Law in the European Natural Gas Market

Av. Arb. Handa BİLGİ

2020/01 1. Baskı, 134 Sayfa

ISBN 978-625-7953-12-2

Will Turkey be an EU member state? This has been a sophisticated question to be answered. Whether being a member state or not, Turkey has been aligning her regulations with EU legal acquis and has proceeded on her way well. Besides that she has been a bridge between EU and other continents not only in terms of geographical reasons but also politics, economy, energy resources, etc. With this regard, it would be said that one of the most aligned Turkish legal areas with EU is competition law and one of the most tightened relationships between Turkey and EU has developed in energy market. These are the core reasons why this book is written within the scope of application of EU competition law to the EU natural gas market. This book will provide insight about EU natural gas market and its liberalization process. In this book competition concerns in the market such as abuse of dominant position of natural gas undertakings, different types of anticompetitive natural gas agreements which generally include destination clause, volume commitment clause, take or pay clause, long term duration lead to natural gas undertakings to share the market, to refuse to supply the natural gas, not to grant access to essential gas pipelines and storage facilities are examined in a detailed way under Article 101 and 102 of TFEU and by referring the EU case law and EU Commission interventions as well as concentration proposals of natural gas undertakings which may lead to monopolization in the market are assessed under EU Merger Regulation and decisions of EU Commission.(ARKA KAPAKTAN)

TABLE OF CONTENTS

I. INTRODUCTION

II. THE EU NATURAL GAS MARKET
A. AIM OF CREATING COMPETITIVE EU NATURAL GAS MARKET
B. LIBERALISATION PROCESS IN THE EU NATURAL GAS MARKET
C. CHARACTERISTICS OF THE EU NATURAL GAS MARKET

III. COMPETITION RULES IN THE TFEU

IV. ARTICLE 101 OF THE TFEU
A. CHARACTERISTICS OF NATURAL GAS AGREEMENTS
B. COMMON COMPETITION CONCERNS REGARDING THE NATURAL GAS AGREEMENTS
C. TYPES OF NATURAL GAS AGREEMENTS
D. EXCEPTIONS OF ARTICLE 101 OF TFEU
E. APPLICATION OF ARTICLE 101 OF TFEU IN TERMS OF DURATION

V. ARTICLE 102 OF TFEU
A. ESSENTIAL FACILITY DOCTRINE
B. REFUSAL TO SUPPLY
C. INPUT FORECLOSURE
D. TYING-BUNDLING
E. APPLICATION OF ARTICLE 102 OF TFEU IN TERMS OF DURATION

VI. APPLICATION OF MERGER CONTROL TO NATURAL GAS MARKET
A. E.ON-MOL MERGER
B. EDP/ENI/GDP MERGER
C. TOTAL/GDF

VII. CONCLUSION

BIBLIOGRAPHY