Collaborating in offshore renewable energy projects and competition law: consortium bids in deep waters

Climate change and energy-related geopolitical changes have prompted an increase in the rollout of renewable energy projects. However, the capital-intensive nature of these projects calls for collaboration among developers to mitigate risks and pool resources. This chapter investigates the interplay between entities collaborating in developing offshore renewable energy projects and the limitations and possibilities they have in doing so according to European Union competition law. Using the Norwegian offshore wind licensing rounds as a background, we analyse the interplay between competition law and collaborative strategies in securing licences. As the energy landscape evolves amid the European energy crisis, regulatory shifts, business opportunities and increased state impetus to reach climate targets, the chapter explores the balance between sustainability objectives, collaborative efforts and antitrust. We evaluate the legality and potential anticompetitive effects of joint bids and collaboration for ventures in offshore renewable energy projects in light of Article 101 TFEU. We also study the space and possibilities that collaborating parties might have under the merger control regime to obtain ex ante approval. By and large, we submit that most of these collaborations will tend to be pro-competitive as they advance sustainability objectives, as long as the cooperation does not extend beyond what is necessary.