Transcript Folie 1 - Vienna Economic Forum

BUNDESWETTBEWERBSBEHÖRDE
Vienna economic talks
Sofia, 4 April 2012
Liberalisation of the Energy Market
Protection of Competition
Dr. Theodor Thanner
BUNDESWETTBEWERBSBEHÖRDE
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
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BUNDESWETTBEWERBSBEHÖRDE
Current situation
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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
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BUNDESWETTBEWERBSBEHÖRDE
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
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BUNDESWETTBEWERBSBEHÖRDE
Sector inquiry - Working package
• reduction of market entry barriers (information-exchange)
• working unbundling
• improvement for the customers:
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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
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BUNDESWETTBEWERBSBEHÖRDE
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
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BUNDESWETTBEWERBSBEHÖRDE
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
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BUNDESWETTBEWERBSBEHÖRDE
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
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BUNDESWETTBEWERBSBEHÖRDE
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
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BUNDESWETTBEWERBSBEHÖRDE
Thanks for your attention!
[email protected]
www.bwb.gv.at
Twitter: BWB_WETTBEWERB
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