Electricity and gas market liberalization in the EU as a part of the Internal Energy Market strategy: a cross-country study - and a lesson for Poland
Title: Electricity and gas market liberalization in the EU as a part of the Internal Energy Market strategy: a cross-country study - and a lesson for Poland
Author: NOWAK, Bartlomiej
Citation: Florence, European University Institute, 2009
Series/Report no.: EUI PhD theses; Department of Law
In many EU countries, the infrastructure for supplying electricity and gas (electricity networks, gas pipelines, and storage facilities) are still properties of the so-called vertically integrated undertakings (VIU) responsible for the extraction or generation, supply, and transmission and distribution of the energy. While competition can be promoted in the generation/production and supply side of the vertical integration, transmission and distribution segments remain natural monopolies that hinder market mechanisms. Vertical integration simply raises the possibility for incumbents to favor their own divisions and to block new entrants. As a result, the Electricity and Gas Directives of the European Commission proposed several measures to foster competition in politically delicate structures of the electricity and gas markets. These measures involve non-discriminatory third party access to the gas and electricity infrastructure, independent regulation of the natural monopolies and the unbundling of the VIU. Unfortunately, my research shows that there are still many obstacles to fulfilling the potential of the internal market in electricity and gas. What is more since substantial delays have occurred in implementing the Directives, it is difficult to clearly evaluate what the final effect will be; nevertheless, it is possible to argue that the steps already taken are insufficient to create functional market.
LC Subject Heading: Power resources -- Law and legislation -- European Union countries; Power resources -- Law and legislation -- Poland; Electric utilities -- Law and legislation -- European Union countries; Electric utilities -- Law and legislation -- Poland; Commercial law -- European Union countries; Commercial law -- Poland; Antitrust law -- European Union countries; Antitrust law -- Poland
Defense date: 18/05/2009; Examining board: Wladyslaw Czaplinski (Polish Academy of Science, Warsaw), Leigh Hancher (Tilburg University), Heike Schweitzer (EUI), Jacques Ziller (Supervisor, EUI)
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