Identifying Relevant Markets in the EU Energy Sector: Experience and Prospects

The application of EU competition law to the European energy sectors has proved to be complicated, because of the characteristics of electricity and natural gas markets, such as price inelasticity, low levels of liquidity and limited storability. The complexity of the problem is fur-ther elevated by transmission constraints and lack of market integrity, which result in different market conditions and definitions across the EU. This paper is derived from research specifically discussing the extent to which the EU competition rules apply to EU energy markets at both EU-wide and national level. As identifying relevant markets is an important element in establishing whether a market conduct can be deemed anti-competitive or an abuse of market power, the paper conducts a detailed case law analysis to demarcate relevant markets identified in the EU and evaluate legal methodologies employed for that purpose