Access to European Energy Networks: The Relation between Third Party Access and Refusal to Deal Concepts

Abstract

In this paper, we will analyse further the issue of concurrence between competition and sector rules regarding European Energy Networks Regulation and the relation between parallel concepts within the two different legal frameworks, by focusing on the issue of Access to these Networks. We will specifically examine Third Party Access - as a concept of Energy Sector Regulation - in relation to essential facilities doctrine and refusal of access - as a concept of Competition Law - and we will identify the common points and objectives of these concepts and the extent to which they provide a context to each other’s implementation. Moreover, we will examine which concept provides the best framework for an efficient energy market with respect to both long-term and short-term competition objectives and to which extent each concept should offer its own elements to the final framework for the regulation of access to energy networks.