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From geographical restrictions to the importation of natural gas to the EU: between prohibitions of territorial clauses and security of supply exceptions

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

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  • Nuno Cunha Rodrigues

Abstract

The chapter analyses the various historical reasons for the fragmentation of the internal market in natural gas. Some relate to the introduction of territorial restrictions and profit-sharing mechanisms in contracts. Due to the war in Ukraine, EU dependency on Russian gas led the EU to shift its policy in the gas sector to find alternatives Consequently, the EC has approved several measures in order to guarantee the functioning of the internal market in natural gas. The concept of the latter has shifted from a national issue to a European one as a result of both the ECJ jurisprudence and the EU’s policy. This change is also analysed in the chapter. It is concluded that, in the future, both EU competition law and EU energy law must be applied decisively to ensure that EU energy markets are not distorted by companies or Member States.

Suggested Citation

  • Nuno Cunha Rodrigues, 2024. "From geographical restrictions to the importation of natural gas to the EU: between prohibitions of territorial clauses and security of supply exceptions," Chapters, in: Leigh Hancher & Ignacio Herrera Anchustegui (ed.), Research Handbook on EU Competition Law and the Energy Transition, chapter 4, pages 55-71, Edward Elgar Publishing.
    • Handle: RePEc:elg:eechap:21531_4
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    File URL: https://www.elgaronline.com/doi/10.4337/9781803922591.00009
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    Law - Academic;

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