Folie 1 - Vienna Economic Forum
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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
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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