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
SUMMARY

The common energy policy of the European Union is a current topic on the agenda of European institutions, reflected in package “Clean Energy for All Europeans”, proposed by the European Commission. Despite several harmonization attempts, the consensus needed for a common policy and for an Energy Union has not been reached yet. One possible element why we still do not have a common energy market... (see full summary)

 
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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.

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