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Article
Third-Party Access Rights in the Energy Sector: A Competition Law Perspective
Utilities Law Review (2007)
  • Aleksander Kotlowski, University of Oxford
Abstract
The article identifies circumstances in which refusal to grant third-party access to energy networks to competitors constitutes an abuse of a dominant position enjoyed by energy utilities. It explores the scope and evident limitations of Article 82 of the EC Treaty in regard to gas and electricity markets in the context of the essential facilities doctrine and refusal to supply cases. It is argued that under certain limited circumstances competition law grants compulsory third-party access. Therefore, even without further sector specific regulation and ownership unbundling,independent energy suppliers can have a legally enforceable right to access energy network facilities owned by dominant energy system operators.
Keywords
  • Third-party access rights,
  • energy regulation,
  • gas directive,
  • electirc directive,
  • essential facilities
Disciplines
Publication Date
2007
Publisher Statement
Suggested Citation Kotlowski, Aleksander, "Third-Party Access Rights in the Energy Sector: A Competition Law Perspective" . Utilities Law Review, Vol. 16, No. 3, 2007
Citation Information
Aleksander Kotlowski. "Third-Party Access Rights in the Energy Sector: A Competition Law Perspective" Utilities Law Review Vol. 16 Iss. 3 (2007)
Available at: http://works.bepress.com/aleksander_kotlowski/1/