The scope under EU competition law for CO2 transport and storage operators to refuse access to infrastructure on technical grounds
Article from: OGEL 6 (2011), in Coal & Carbon Capture and Storage (CCS)
Abstract
Article 21(2)(c) of the EU Directive on the geological storage of CO2 (CCS Directive) appears to provide the operators of CO2 transport and storage infrastructure the possibility to refuse to grant access to their infrastructure in the case of a technically incompatible CO2 stream. The question, however, is whether such refusal would comply with EU antitrust provisions. Article 102 of the Treaty on the Functioning of the EU (TFEU) prohibits dominant undertakings from abusing their market position by, for instance, refusing access to indispensable infrastructure. The paper analyses the ...