Η καταχρηστική εκμετάλλευση δεσπόζουσας θέσης στον τομέα της ηλεκτρικής ενέργειας και του φυσικού αερίου
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Keywords
Καταχρηστική εκμετάλλευση δεσπόζουσας θέσης ; Ηλεκτρική ενέργεια ; Φυσικό αέριο ; Δεσπόζουσα επιχείρηση ; Ιστορικοί πάροχοιAbstract
This thesis deals with the topic of the abuse of dominant position of companies in the electricity and natural gas markets, which have flourished more recently than other markets. These markets are of particular interest considering how the objectives of a dominant company who wants to dominate the market and maximize its profits can be achieved simultaneously and without any conflict with the objectives of the environmental protection, energy security and consumer protection. of protecting the environment, ensuring energy supply, and protecting consumers. All of the above are ensured by the provisions of competition law, whose provisions and extensive case law resolve these conflicts by weighing depending on the case, the need to protect the right in question and the potential or actual effects of the competitive practices followed.
In this thesis, we will find out, through a theoretical and jurisprudential approach, that the energy market functions just like other competitive markets, consisted with companies who try to "dominate" one another and with consumers seeking to ensure their right to choose between many providers. The particularity of the energy markets, mainly due to their recent development following the changes implemented by the EU in the energy sector in the 1990s, is that the historical players still have increased power, which they often tend to "exploit" at the expense of alternative providers and consumers.
In the first chapter of this paper, we will take a theoretical approach to comprehend the concepts of company, relevant market, dominant position, and the forms of abuse of dominant position. The comprehension of the above is crucial, because without understanding these concepts, we won’t be able to understand the application of the Article 102 TFEU and the Article 2 of Law 3959/2011 to the energy markets.
In the second chapter, we will refer to the institutional framework for the liberalization of the electricity and natural gas markets through three sets of Directives and also to the bodies that ensure the healthiness of the competition in these markets at EU and national level markets. In continuation, we will briefly outline the structure of these markets in Greece and the dominant players operating in them.
In the third and fourth chapters, we will comment on actual cases of abuse of a dominant position in the electricity and natural gas markets, highlighting also the development of case law and the way in which distortions of competition were resolved by the Court and the competition authorities at EU and national level respectively.
Postgraduate Studies Programme
Δίκαιο και ΟικονομίαDepartment
Σχολή Οικονομικών, Επιχειρηματικών και Διεθνών Σπουδών. Τμήμα Οργάνωσης και Διοίκησης ΕπιχειρήσεωνNumber of pages
106Language
GreekCollections
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Αναφορά Δημιουργού-Μη Εμπορική Χρήση-Όχι Παράγωγα Έργα 3.0 Ελλάδα
Αναφορά Δημιουργού-Μη Εμπορική Χρήση-Όχι Παράγωγα Έργα 3.0 Ελλάδα