Antitrust: Commission opens proceedings against Gazprom

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Transcript Antitrust: Commission opens proceedings against Gazprom

EU vs Gazprom: The Substance and Implications of the Antitrust Clash

Dr.Andrey A.Konoplyanik, Advisor to Director General, Gazprom export LLC, Professor, Chair “International Oil & Gas Business”, Russian State Gubkin Oil & Gas University www.konoplyanik.ru

Introductory Remarks at Expert Roundtable at Chatham House’s Russia and Eurasia Programme, London, UK, 27 November 2013

Disclaimer

• This presentation reflects personal position of this author. It does not (re)present official position (if any) of the Gazprom Group, its management bodies, shareholders, and/or its affiliated companies, nor of the Russian state on the issues in question.

A.Konoplyanik, CEC vs Gazprom expert debate, Chatham House, London, UK,27.11.2013

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The 04.09.2013 DG COMP claim, lines of action, economic dimension

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CEC vs Gazprom: three ways of action => three lines of debate

EU Investigation against Gazprom, 04.09.2012

RF Presidential Decree 1825 (11.09.2012) as an immediate reaction to CEC claim (“domino” & “senior brother” effects) => to switch from diagonal to horizontal character of “debate” (to adjust/to put on equal level “political weight” of parties in debate) => official RF reaction To (try to) understand the economic development (background, pre requisites) that led to situation which creates conflict of interests and thus stipulated CEC claim against Gazprom => author’s line of proposed debate Official DG COMP procedure (dominance of legal over economic considerations)? => (most probable) continued EU action? 4 A.Konoplyanik, CEC vs Gazprom expert debate, Chatham House, London, UK,27.11.2013

DG COMP 04.09.2012 Summary: “Gazprom may be abusing its dominant market position in upstream gas supply markets in Central and Eastern European Member States”

Three

claims: –

two

refers to CEE

capacity

• market functioning,

“First, Gazprom may have divided gas markets by hindering the free flow of gas across Member States”

“Second, Gazprom may have prevented the diversification of supply of gas”

one

refer to CEE

commodity

market functioning •

“Finally, Gazprom may have imposed unfair prices on its customers by linking the price of gas to oil prices”

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DG COMP 04.09.2012: “Gazprom may be abusing its dominant market position in upstream gas supply markets in Central and Eastern European Member States” – AK view

• Right facts, but incorrect reasoning: there is a lot of things Gazprom can be criticized for, but don’t claim it for what it is not responsible (USSR/COMECON/GOSPLAN) • Gazprom as commercial state-owned entity tries to maximize economic benefits (non-renewable resource rent) from situation which it has inherited from the past (EU gas system since 1962; USSR/RF gas export to EU since 1968) • Gazprom – by definition – can’t prevent EU to develop alternative routes, supply sources &/or energies => why this was not done by EU in CEE until 2009 (when EU gas market changed to oversupplied)?

• Increasing competition in EU gas market will best force Gazprom to adapt to its new architecture, not the administrative attacks => EU to create economic preconditions for diversified/saturated infrastructure => investment climate (trade vs investment) 6 A.Konoplyanik, CEC vs Gazprom expert debate, Chatham House, London, UK,27.11.2013

Capacity market component of the claim

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EU CEC

CEE capacity market diversification: two lines of EU action

Semi-economic way

(to preserve capacity deficit, but to save time & money): - Economic part: CMP (increase efficiency of utilization of existing though limited transportation capacity) - Non-economic part: to “take away and share” (restrict access to existing limited transportation capacity for incumbents in favour of newcomers)

Economic way

(to liquidate capacity deficit & to exclude its appearance by developing corresponding procedures (Coordinated Open Season) => to spend time & money): - To invest in developing new capacity & its diversification (plus using CMP instruments) A.Konoplyanik, CEC vs Gazprom expert debate, Chatham House, London, UK,27.11.2013

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Diversity (saturation) of gas transportation infrastructure in the EU (trunk pipelines only, km/100 km2), preliminary results

10 5 0 30 25 20 15

Figures for UK & Denmark should be much higher if offshore pipelines are added (to be done at the next step of analysis)

Северо-Западная Европа Центральная и Восточная Европа Южная Европа Северная Европа Calculations made by E.Orlova, PHD postgraduate student, Chair “International Oil & Gas Business”, Russian State Gubkin Oil & Gas University, based on the data for 2011/2012, kindly provided by ENTSOG A.Konoplyanik, CEC vs Gazprom expert debate, Chatham House, London, UK,27.11.2013

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Diversity (saturation) of gas transportation infrastructure in CEE: (trunk plus distribution pipelines, km/100 km2), preliminary results

500 400 300 200

How much will it cost & how long will it take to cover this gap in gas infrastructure diversity between CEE & NWE ?

100 0 Германия Австрия Северо-Западная Европа Венгрия Словакия Словения Польша Чехия Болгария Центральная и Восточная Европа Румыния Хорватия Calculations made by E.Orlova, PHD postgraduate student, Chair “International Oil & Gas Business”, Russian State Gubkin Oil & Gas University, based on the data for 2011/2012, kindly provided by ENTSOG A.Konoplyanik, CEC vs Gazprom expert debate, Chatham House, London, UK,27.11.2013

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Commodity market component of the claim

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• • •

Gas price/pricing: visual & hidden part of the iceberg

Competitive prices (different facets) : – Competitive

contractual structure

=> SPOT vs CONTRACT, but: • Contract (3 components) = price + volume + flexibility (TOP = virtual UGS) => what value of contractual flexibility?

Spot (2 components) = price + volume => to take flexibility from the market => either from liquid hubs (=> oversupplied market) or UGS (=> CAPEX + time) – Competitive

energy structure

=> GAS vs COAL vs RES, but: • Gas => flexibility for free? (move 3-component price to level of 2-component price) • Coal => CO2 emissions (who cares? How corresponds with 20:20:20 policy?) • RES => State subsidies (who pays? How corresponds with WTO rules?) EU gas market dilemma =

to find the balance between

: – Consumers & intermediaries => lowest price level – Producers & project financiers => highest marketable price => resource rent for non-EU sovereign states + CAPEX pay-back (RROR) But search for multilateral or unilateral solutions? : – DG COMP, Mario Monti (10 years ago): “We will look

MOSTLY

consumer’s interests”; – DG COMP, Nelly Kroes: “We will look

ONLY

to to consumer’s interests” (Source: Johannes Hettema, GasTerra, 31.05.2013, Groningen Energy Conference) A.Konoplyanik, CEC vs Gazprom expert debate, Chatham House, London, UK,27.11.2013

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Evolution of gas value chain & pricing mechanism of Russian gas to EU (1) Past (Pre-2009) – growing EU market Oil-indexation Oil-indexation Gazprom Wholesale EU buyers/ resellers End-use EU customers

Common interests

Gazprom as price-taker from OIL market Nowadays (Post-2009) – oversupplied (in NWE segment - ?) EU market with not yet clear future trends

Request for hub indexation

where hubs are rel.liquid

Gazprom Oil-indexation

Request for hub-indexation both

where hubs are relat.liquid & where there is no hubs

(under threat of arbitration)

Wholesale EU buyers/ resellers Hub-indexation

Common interests

End-use EU customers EU hubs Non-EU customers (f.i. reverse flows to CIS/UA)

Evolution of gas value chain & pricing mechanism of Russian gas to EU (2) Future (“ NO GO ” contractual scheme under any (?) supply-demand scenario) Hub-indexation Hub-indexation

Gazprom

Traditional flexibility for buyer (TOP)

Wholesale EU buyer / reseller End-use EU customer Common interests – downgrading price spiral for RUS gas

Gazprom as price-taker from GAS BUYER’s market (with no participation on it)? => NO GO Future (what competitive niche for oil-indexed LTC in DELIVERIES to EU?) Role of DG COMP?

Gazprom

Oil-indexation

Wholesale EU buyer / reseller (delivery)

Hub-indexation

End-use EU customers (delivery)

Gazprom as one of price makers at EU market?

Oil EU hubs (trade)

Direct supplies to EU end-users

Common interests

Conclusion

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From hardline to softline in search of multilateral solution

• Multi-facet complex & complicated cross border issues (incl. both commercial and sovereign dimensions) require first intensive soft/friendly informal expert discussions (if the aim is to find mutually acceptable long term solution) but not hardline political claims or other administrative pressures as a perceived instrument for reaching forced unilateral (and thus short-term) decision A.Konoplyanik, CEC vs Gazprom expert debate, Chatham House, London, UK,27.11.2013

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Thank you for your attention www.konoplyanik.ru

[email protected]

[email protected]

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