The Application of EU Competition Law in the European Natural Gas Market

Will turkey be an eu member state?

This has been a sophisticated question to be answered.

Whether being a member state or not, turkey has been aligning her regulations with eu legal acquis and has proceeded on her way well. Besides that she has been a bridge between eu and other continents not only in terms of geographical reasons but also politics, economy, energy resources, etc.

With this regard, it would be said that one of the most aligned turkish legal areas with eu is competition law and one of the most tightened relationships between turkey and eu has developed in energy market. These are the core reasons why this book is written within the scope of application of eu competition law to the eu natural gas market.

This book will provide insight about eu natural gas market and its liberalization process. In this book competition concerns in the market such as abuse of dominant position of natural gas undertakings, different types of anticompetitive natural gas agreements which generally include destination clause, volume commitment clause, take or pay clause, long term duration lead to natural gas undertakings to share the market, to refuse to supply the natural gas, not to grant access to essential gas pipelines and storage facilities are examined in a detailed way under article 101 and 102 of tfeu and by referring the eu case law and eu commission interventions as well as concentration proposals of natural gas undertakings which may lead to monopolization in the market are assessed under eu merger regulation and decisions of eu commission.(Arka Kapaktan)

Table of contents

I. Introductıon

Iı. The eu natural gas market

a. Aım of creatıng competıtıve eu natural gas market

b. Lıberalısatıon process ın the eu natural gas market

c. Characterıstıcs of the eu natural gas market

Iıı. Competıtıon rules ın the tfeu

Iv. Artıcle 101 of the tfeu

a. Characterıstıcs of natural gas agreements

b. Common competıtıon concerns regardıng the natural gas agreements

c. Types of natural gas agreements

d. Exceptıons of artıcle 101 of tfeu

e. Applıcatıon of artıcle 101 of tfeu ın terms of duratıon

V. Artıcle 102 of tfeu

a. Essentıal facılıty doctrıne

b. Refusal to supply

c. Input foreclosure

d. Tyıng-bundlıng

e. Applıcatıon of artıcle 102 of tfeu ın terms of duratıon

Vı. Applıcatıon of merger control to natural gas market

a. E.on-mol merger

b. Edp/enı/gdp merger

c. Total/gdf

Vıı. Conclusıon

Bıblıography