Non-discriminatory third-party access to transportation infrastructures in electricity - transmission and distribution networks - is essential for open and effective competition in wholesale and retail electricity markets. Competition in wholesale energy markets is possible and desirable as it...

Traditionally, European energy market regulation has dealt with electricity and gas from a market-oriented perspective in the effort of creating a common internal energy market to foster economic efficiency, security of supply and competitiveness. To a lesser extent, EU law also deals with oil,...

Centralized purchasing benefits contracting authorities and society in general as it may reduce purchasing prices and transaction costs, lead to administrative economies of scale, and help specializing procurement officers across Member States. Centralization techniques are also used to pursue...

Market definition and market power assessment are two fundamental steps carried out by competition authorities – and later on reviewed by courts – whenever dealing with alleged breaches of competition law by undertakings. They are, however, mostly centered in selling side cases. This paper...

This paper assesses the risks, rationale and justification for the rules on centralisation and aggregation of public procurement in Directive 2014/24. The paper explores the justifications advanced for the aggregation of purchasing and the countervailing risks it generates. In both cases, it...

Ordoliberalism is a German school of economic thought that advocates regulating the free market economic based on a set of state imposed rules guaranteed by the economic constitution to impose a competitive order in society. It proposes an alternative method to pure laissez-faire and state...

For competition lawyers, Uber is an interesting subject to study. Not only does Uber change the dynamics of the transportation market but it also raises interesting competition law questions. Last year for example, a class action suit against Uber in New York raised the question whether Uber is...

On December 22, 2016, the EFTA Court handed its Advisory Opinion in Ski Taxi SA, Follo Taxi SA og Ski Follo Taxidrift AS v Staten v/Konkurransetilsynet. In this case, the EFTA Court dealt with a preliminary question concerning the applicable test to determine whether a joint bid for a public...

Sea spaces have been vital for humankind. Thanks to technological development and ingenuity, we harvest, use, consume and exhaust resources located in the sea or the seabed. To do so, we make use of different man-made structures. These range from fish farms and simple buoys, to complex and large...

Buyer power effects in competition law remain a relatively unexplored area of the literature and practice. Even more scarce are concentration cases—instances in which the ability of a buyer to decrease the prices it pays for a good by withholding demand or through bargaining tactics play a...