Journal of European Competition Law & Practice 

Abstract: This Article examines the new Guidelines for State Aid for Energy and Environmental Projects in the EU. The Guidelines impose tighter scrutiny on the way the Member States fund such projects, attempting to alter the assumption that there is market failure in these sectors. However, nuclear energy is omitted from the Guidelines and cases such as the Hinckley Point project will continue to be reviewed on a case by case basis.

Abstract: Regulation 1/2003 brought about a radical change in the way in which the EU antitrust prohibitions contained in Articles 101 and 102 TFEU are enforced. The previous enforcement regime, under Regulation 17, which dated from 1962, was characterised by a centralised notification and authorisation system for Article 101(3) TFEU. Regulation 1/2003 abolished this system and replaced it by a system of decentralised ex post enforcement, in which the European Commission and the competition authorities of the EU Member States (national competition authorities), forming together the European Competition Network, pursue infringements of Articles 101 and 102 TFEU.

Abstract: The liberalisation of European energy markets has culminated in the adoption of the third energy package in 2009, which has led to intense implementation action by member states, national authorities, undertakings and European associations.Competition rules have been enforced mostly by ways of commitment decisions at European level while, at a national level, authorities investigated cases of market foreclosure, potential collusive behaviour and manipulations in wholesale markets.On a substantive point, the Commission considers that long term and large scale capacity reservation can amount to an abuse irrespective of the needs of the dominant company. That view is problematic for operators and does not seem compatible with current competition law principles.