Merger Control on Energy Markets (Case Studies: Vertical Consolidations in the Energy Sector, PGE/ENERGA, NORD STREAM II, ORLEN/LOTOS, ORLEN/PGNIG))
Volume 13, Issue 1 (2023), pp. 121–131
Pub. online: 5 July 2023
Type: Article
Open Access
Received
18 February 2023
18 February 2023
Accepted
24 June 2023
24 June 2023
Published
5 July 2023
5 July 2023
Abstract
Merger control is the competence of the antitrust authorities of the EU Member States or the European Commission. Antitrust authorities have horizontal competencies in this respect, which means that they can evaluate any concentration, regardless of the market on which it is planned. Concentrations on strategic markets from the point of view of the state, including in the energy sector, require evaluation not only from the point of view of pure substantive criteria but also the evaluation related to the need to rank values more critically from the point of view of the state over the value of effective competition.