Competition versus cooperation - new approaches on the energy market considering aspects of competition law

• Author: Adrian Dumitru Tan??u - Ana-maria Iulia ?anta
• Position: Adrian Dumitru Tan??u - Bucharest University of Economic Studies, Bucharest, Romania, adrian.tantau@fabiz.ase.ro. Ana-Maria Iulia ?anta - Bucharest University of Economic Studies, Doctoral School of Business Administration, Bucharest, Romania; University of Vienna, Faculty of Law, Vienna, Austria, anamaria_iulia_santa@yahoo.com.
• Pages: 89-96

Competition versus cooperation – new approaches on the energy

market considering aspects of competition law

Professor Adrian Dumitru TANU1

PhD. student Ana-Maria Iulia ŞANTA2

Abstract

The common ener gy policy of the Europea n Union is a current topic on the

agenda of European institutions, reflected in package “Clean Energy for All Europeans”,

proposed by the Eur opean Commission. Despite several harmonization attempts, the

consensus needed for a common policy and for a n Energy Union has not been reached yet.

One possible element why we still do not ha ve a common energy mar ket is the lack of

competition in the energy sector. In this context, the present resear ch pa per a nalyzes to

what extent co mpetition can be a key-factor in ensuring the modernization of the energy

sector. Aspects of competition law which are r elevant for building a common energy market

are highlighted in the present research paper. Furthermore, the presen t article raises the

question how importa nt cooperation is, searching th e pr oper bala nce between competition

and cooper ation. The present a rticle uses a n interdisciplinary r esearch method, combining

the a nalysis of primary a nd secondary Eur opean law, of lega l instruments a nd provisions,

considering the teleologica l method, with the a ssessment from a bu siness and economics

point of view. Case law a nd case studies from Member States of the European Union

provide best practice models for the energy sector a nd present an inte rnational

compara tive perspective.

Keywords: competition, cooperation, e nergy mar ket, competition law, clean energ y, Energy

Union.

JEL Classification: K21, K22, K32, K33

1. Introduction

Clean Energy is a currently debated issue on the agenda of European

institutions, given the increasing importance of promoting sustainability at global

level. In this international context the European Union aims to foster the use of

alternative sources for producing energy. Such renewable resources have a good

impact on the environment and on the health of European Union consumers. This

trend is reflected in the package “Clean Energy for All Europeans”, which was

proposed by the European Commission in November 2016. This package contains

measures for designing a new energy policy at European Union level and possible

instruments for designing a new energy market, a common energy market of the

European Union. This ambitious project would generate better living conditions for

1 Adrian Dumitru Tanu - Bucharest University of Economic Studies, Bucharest, Romania,

adrian.tantau@fabiz.ase.ro.

2 Ana-Maria Iulia Şanta - Bucharest University of Economic Studies, Doctoral School of Business

Administration, Bucharest, Romania; University of Vienn a, Faculty of Law, Vienna, Austria,

anamaria_iulia_santa@yahoo.com.