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Access to energy networks: between abuse of dominance, third party access and unbundling

In: Research Handbook on EU Competition Law and the Energy Transition

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  • Gonçalo Coelho

Abstract

This chapter discusses the interplay between ex ante sector specific regulation and ex post competition law enforcement by looking at the role of Article 102 of the Treaty on the Functioning of the European Union (TFEU) in bridging regulatory gaps. It is argued that unbundling requirements and third party access (TPA) rules do not appear to be driven or constrained by the concept of essential facilities, but rather by a more elusive notion of bottleneck. Moreover, the chapter analyses how the European Court of Justice has departed from the strict essential facilities doctrine set forth in the Bronner judgment, paving the way for a more expansive application of Article 102 TFEU to constructive refusal to deal scenarios that may not be caught under the existing unbundling and TPA rules.

Suggested Citation

  • Gonçalo Coelho, 2024. "Access to energy networks: between abuse of dominance, third party access and unbundling," Chapters, in: Leigh Hancher & Ignacio Herrera Anchustegui (ed.), Research Handbook on EU Competition Law and the Energy Transition, chapter 10, pages 183-202, Edward Elgar Publishing.
    • Handle: RePEc:elg:eechap:21531_10
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    File URL: https://www.elgaronline.com/doi/10.4337/9781803922591.00017
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    Law - Academic;

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