Energy Liberalization and EC Competition Law

Community competition policy utilizes four main instruments in order to contribute to the realization of these prerequisites: classical antitrust (prohibition of cartels and abuses of dominant positions), merger control, supervision of enterprises entrusted with special or exclusive rights, and State aid control. Energy liberalization requires the comprehensive use of all four instruments in order to bring about and ensure genuine competition on the European electricity and gas markets. It seems that energy liberalization is also unique in this regard. The close link between internal market and competition policy in the liberalization process means that both have to be seen together.

The emphasis in the following discussion will, however, be on Community competition policy and its four instruments.