Shifting the goalposts: current issues in Australian competition law affecting the energy sector

Raitt, George Douglas 2016, Shifting the goalposts: current issues in Australian competition law affecting the energy sector, Journal of world energy law and business, vol. 9, no. 6, pp. 424-436, doi: 10.1093/jwelb/jww030.

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Title Shifting the goalposts: current issues in Australian competition law affecting the energy sector
Author(s) Raitt, George Douglas
Journal name Journal of world energy law and business
Volume number 9
Issue number 6
Start page 424
End page 436
Total pages 13
Publisher Oxford University Press
Place of publication Oxford, Eng.
Publication date 2016-12
ISSN 1754-9957
Keyword(s) competitive markets
competition law
energy markets
energy sector
law & business
legal, business and policy issues
international energy industry
Summary Australian energy markets, like EU markets, have been administratively led over recent decades to create more competitive markets. There have been many inquiries and reports by Australian government agencies on regulatory, economic and competition law aspects of energy markets. A recent controversial report by the competition agency recommends increased price regulation of natural gas pipelines on the grounds, not of enhancing competition, but of ameliorating market power of pipeline operators, to create perceived efficiency benefits in downstream and upstream markets. The change in emphasis from ‘competition’ to ‘efficiency’ raises important issues for the energy sector and competition law generally in Australia because market power is traditionally assessed by reference to structural analysis, and the institutional framework generally limits the jurisdiction of Australian courts to ‘competition’ assessment while conferring jurisdiction on administrative agencies to assess ‘efficiency’. This article discusses the competition law implications of these recent developments for the energy sector, particularly natural gas, with respect to market power and access to facilities, having regard to EU and US third-party access regimes.
Language eng
DOI 10.1093/jwelb/jww030
Field of Research 180105 Commercial and Contract Law
Socio Economic Objective 940405 Law Reform
HERDC Research category C1 Refereed article in a scholarly journal
ERA Research output type C Journal article
Copyright notice ©2016, The Authors
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Document type: Journal Article
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