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Application of Energy Community Competition Rules in Georgia

Ružica Ćirić


The article draws on the example of Georgia, an expected Energy Community Contracting Party, to explore a number of questions in relation to the application of Energy Community competition law together with the wealth of EU competition acquis by the Contracting Parties which are not simultaneously EU candidate or potential candidate countries. The article concludes that the unfitness of the current Energy Community legal framework for ‘new’ Contracting Parties outside the region of South-Eastern Europe brings significant uncertainty as regards the time and real scope of Energy Community competition law. The article also examines whether the concept of ‘effect on trade in Network Energy between Contracting Parties’ applied in the Energy Community and derived from EU competition law could delineate physical boundaries for the application of Energy Community competition law. The article concludes that, based on this concept, Georgia could escape the application of Energy Community competition law altogether due to its remote geographical location and weak energy network connectedness, at least for the time being.

PhD in Law candidate at the University of Vienna, ciric.ruzica@hotmail.rs.

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