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Vienna economic talks Sofia, 4 April 2012 Liberalisation of the Energy Market Protection of Competition Dr. Theodor Thanner B UNDES W ETTBEWERBS B EHÖRDE
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2 Development Gas and Electricity Market 1985 Completing the internal market: White paper from the Commission to the European Council 1996 First Directive of EC concerning Liberalisation of electricity and gas 1998 First Austrian law on electricity (ELWOG) 2nd and 3rd European Package => 2nd and 3rd Evaluation of Austrian Law B UNDES W ETTBEWERBS B EHÖRDE
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3 Current situation still few producers still few market entries still low changing mobility of consumers grids – still lasting monopoly still few transparency still few information for consumers but a lot of innovation (smart meter, electric vehicles) and fast changing market B UNDES W ETTBEWERBS B EHÖRDE
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Sector Inquiry BWB Start 2004: critical remarks from market players concerning liberalisation 786 requests of information were sent to customers, suppliers, network operators etc. expert interviews with a lot of market participants four studies were published (www.bwb.gv.at) together with most market players a working package for the electricity industry was established 4 BUNDESWETTBEWERBSBEHÖRDE
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Sector inquiry - Working package reduction of market entry barriers (information-exchange) working unbundling improvement for the customers: transparency of invoice, limited time period for supplier change, code of behaviour for the suppliers transparent pricing comprehensible invoices periodical monitoring Gas: expansion of transport and storage capacities long term contracts 5 BUNDESWETTBEWERBSBEHÖRDE
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6 Theoretical background - Abuse Art 102 Precondition: Market power/dominance in the relevant market The Commission considers that an undertaking which is capable of profitably increasing prices above the competitive level for a significant period of time does not face sufficiently effective competitive constraints and can thus generally be regarded as dominant. Abuse - Foreclosure ‘anti-competitive foreclosure’ is used to describe a situation where effective access of actual or potential competitors to supplies or markets is hampered or eliminated as a result of the conduct of the dominant undertaking whereby the dominant undertaking is likely to be in a position to profitably increase prices B UNDES W ETTBEWERBS B EHÖRDE
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7 Theoretical background - Agreement Art 101: Prohibition of collusive conduct between two or more independent companies Exemption (agreement): Austrian Cartel Law: participation/advantages for customers technical or economical developement increase of the production or distribution system Security of supply B UNDES W ETTBEWERBS B EHÖRDE
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8 Main problems and cases Long Term Contracts Comp/37542 Gas Natural, Endesa Bundeskartellamt B8-113, E.ON Ruhrgas & Stadtwerke K-241 STGW Exclusivity and Destination Clauses Comp/38085 Territorial Restrictions Austria, OMV, Gazprom Refusal to supply and margin squeeze Comp/ 37542, Gas Natural, Endesa Rebates & invoices Austrian sector inquiry B UNDES W ETTBEWERBS B EHÖRDE
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9 For introducing more Competition… 1.building awareness: discussion with EVUs 2.investigation and combating cartelS and Abuse of Dominance: case to case evaluation – no generalisation possible if you have doubts, ask why you are doing things that way and keep in mind there are: Leniency programs B UNDES W ETTBEWERBS B EHÖRDE
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10 B UNDES W ETTBEWERBS B EHÖRDE Thanks for your attention! theodor.thanner@bwb.gv.at www.bwb.gv.at Twitter: BWB_WETTBEWERB
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