Enforcement of competition in the energy sector of the European Union

Three  EU  directives  regulating  the  internal  energy  market  of  the  European Union have created the conditions for opening up the market in the energy sector. However, the opening up and liberalization of the market was hindered by the positions and conduct of incumbent companies as well as by acts of intervention in the market by member states, distorting competition. In order to ensure that market  liberalization  is  implemented  in  accordance  with  the  directives,  the European Commission has applied competition policy measures and sought to eliminate specific anti-competitive positions through proceedings and rulings. Prior EU procedures initiated for the enforcement of competition were dominated by cases directly affecting the competitive position of companies on the market, and concerned the conduct of those companies, their relative market powers and state aid. Exposing distortions to competition has in recent years been complemented by some new considerations – namely environmental and climate protection – that do not concern the competitive positions of companies. However, in EU procedures aimed at enforcing competition in the energy sector, adoption of these criteria must be harmonised with the requirement of strengthening the single internal