The Emerging Strategy of the European Commission on Long-term Energy Supply Contracts: Is the New Methodology truly 'More Economic'?
Article from: OGEL 1 (2010), in Antitrust in the Energy Sector
Introduction
This paper aims to assess the emerging strategy of the Commission on long-term supply contracts in the light of the recent modernisation of EC competition law, in particular with regard to the so-called 'more economic' approach. In short, the modernisation aimed at implementing a 'more economic' approach based on long-term consumer welfare, which meant gradually shifting from a more (allegedly) legal 'form-based' analysis of contracts to a more 'effect-based' approach where the real economic effects of competitive behaviours become more important than the drafting of contracts. ...