An internal market for electricity and the European competition rules: study on the application of articles 85-90 EEC treaty to the electricity supply industry with emphasis on the legal situation in England and Germany

Abstract

The thesis examines which legal instruments the European Community has to support the establishment of an internal electricity market. The main emphasis lies on the application of the EEC Treaty rules on competition (Articles 85-90) to the electricity supply industry. The paper in particular assesses to what extent the European competition law is a suitable instrument to support the completion of an internal electricity market in relation to the present level of integration. The thesis comes to the conclusion that Art. 85 (1) as well as Art. 86 EEC Treaty can be applied and indeed have to be applied to all anticompetitive measures on the electricity market. In doing so, special consideration has to be given to the technical and economic peculiarities of this branch. Moreover i t will be shown that the commercial arrangements made in connection with the privatisation of the ESI in England and Wales do not infringe Art. 85 (1) or 86 EEC Treaty while some of the agreements on the German electricity market contradict these provisions.