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Reconfiguration of Electricity Bidding Zones under EU Competition Law journal article

Robert Klotz, Michael Hofmann

European Networks Law & Regulation Quarterly, Volume 3 (2015), Issue 3, Page 151 - 163

Bidding zones are geographical areas in which market participants are able to exchange electricity without capacity allocation. They generally correspond to the borders of the EU Member States. A notable exception is the single bidding zone in Germany and Austria which is considered as a key element of electricity market integration in the EU. However, the increasing inflow of electricity into the German transmission system causes problems for certain neighbouring countries. This situation may trigger certain counter-measures and even lead to the reconfiguration of bidding zones in the interest of an overall improvement of the electricity flow. However, the split of a bidding zone into smaller sections might have discriminatory or other anti-competitive effects. The European Commission has therefore adopted sector-specific rules for such situations. The new EU regulation establishing a guideline on capacity allocation and congestion management sets, among others, the legal framework for bidding zone reconfigurations. Despite these specific rules, the reconfiguration of bidding zones can also fall under the EU competition rules, which will be the key focus of this article.


Regulation and Antitrust in the Railway Sector: The Right Track Towards More Competition? journal article

Robert Klotz

European Networks Law & Regulation Quarterly, Volume 1 (2013), Issue 1, Page 3 - 14

This article provides an overview of the current EU regulatory framework for railway passenger and freight transport services, which came into force in late 2012 and has to be implemented at the national level by mid-2015. It also examines additional proposals for further review of this framework which were tabled by the Commission in early 2013 and are currently caught in the legislative process. The author assesses the contribution of these instruments to the effective market opening of the former State monopolies, which is one of the main objectives behind the reform efforts. Market opening is also being pursued through antitrust law enforcement both at EU and national levels, which is examined here as well, notably with regard to its ability to complement the legislative regulatory framework. On this dual basis, the article gives an analysis of the relationship between ex ante and ex post intervention in the railway sector. Building on a comparison with other network industries, this yields interesting conclusions with regard to the ongoing legislative debate and to the positioning of the companies active in the railway sector.

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