Book: Vertical Natural Gas Transportation Capacity, Upstream Commodity Contracts and EU Competition Law by Kim Talus
24 June 2011
May 2011, 344 pp., hardbound ISBN: 9789041134073
Price: EUR 88.00 / USD 119.00 / GBP 70.00
Price including 20% discount and valid from July 1st until July 31st 2011
(for OGEL readers, contact us for details)
This important book - with a foreword by Jonathan Sterns - drawing on ECJ case law, Commission administrative cases and inquiries, and the full range of relevant legal and economic theory, provides an extremely valuable and detailed study of how EU competition law can be applied to long-term natural gas capacity reservation and commodity contracts.
Issues and topics such as the following arise in the course
of the analysis:
- Third Gas Market Directive provisions;
- Article 102 TFEU cases on strategic under-investment;
- pre-liberation or "legacy" gas contracts (e.g., with Algeria and Russia);
- "right of first refusal";
- take-or-pay requirement;
- third-party access;
- ownership unbundling;
- effect of elimination of priority access regimes;
- short-term trading;
- spot markets;
- and law and economics of vertical restraints.
Focusing on the foreclosing effect of long-term upstream commodity contracts, the author recommends restrictions on the use of capacity reservation contracts, and analyses the efficacy of security of supply as a competition law defence in cases relating to such contracts. In addition to its substantial value to academics and policymakers as a significant contribution to competition law theory and practice, this book will also be widely welcomed by all concerned with European energy security or the changes in the traditional contractual structures underpinning EU natural gas trade.
TABLE OF CONTENTS:
- Preface and Acknowledgements
- Chapter 1 EU Natural Gas Markets and Long-Term Contracting: An Overview of Economic and Political Aspects
- Chapter 2 Security of Supply in the European Union
- Chapter 3 Key EU Gas Market Regulation Relating to LongTerm Contracting
- Chapter 4 The Application of EU Competition Law in Natural Gas Markets: Background and Developments
- Chapter 5 Compatibility of Vertical Natural Gas Transportation Capacity, Commodity Contracts and EU Competition Law
- Chapter 6 Security of Supply as Objective Justification
Available now at http://www.kluwerlaw.com/
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