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Key Sessions

Johannes Lübking

Competition Law in the Energy Sector: A View from the Commission

European Commission

Nov 13
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08:30 - 09:00 30 mins
Registration & Refreshments
09:00 - 09:10 10 mins
Chair’s Welcome and Introduction
  • Mark Powell - Partner, White & Case LLP
09:10 - 09:55 45 mins
Main Agenda
Competition Law in the Energy Sector: A View from the Commission
  • Johannes Lübking - Acting Director, Directorate B – Energy and Environment, DG Competition, European Commission
09:55 - 10:55 60 mins
Main Agenda
Review of Current Issues in Energy Regulation
  • Francisco Enrique González-Díaz - Partner, Cleary Gottlieb Steen & Hamilton LLP
  • Nadia Horstmann - Head of Unit, International Coordination Energy, Bundesnetzagentur (Federal Network Agency)
  • Paul Martinet - Chief Legal Advisor, Agency for the Cooperation of Energy Regulators (ACER)
  • Ulrich von Koppenfels - Legal Officer, DG Energy, European Commission
  • Update on the Third Energy Package
  • Clean Energy Package
  • Where are we with current regulatory proposals?
  • Unbundling rules
  • Transmission challenges
  • ACER: review of recent developments
  • Security of supply and how the internal markets are functioning
10:55 - 11:15 20 mins
Morning Coffee Break
11:15 - 11:55 40 mins
Main Agenda
Capacity Restrictions: Competition v. REMIT
  • Peter Willis - Partner, EU & Competition, Bird & Bird LLP
  • Restriction of transmission capacity on interconnectors
  • Guidance from ACER on their treatment under REMIT
  • The Commission's decision, following an investigation under Article 102 TFEU, to accept commitments from TenneT in relation to restrictions on certain interconnectors
  • Network codes and security of supply
11:55 - 12:15 20 mins
Main Agenda
Cost of Capital Allowance (WACC): A View from an Economist
  • Bastian Gottschling - Associate Director, NERA Economic Consulting
  • Review of market trends and regulatory developments
  • Theoretical underpinning and national specifics
  • What lessons can be learnt for price controls and other cases?
12:15 - 13:00 45 mins
Main Agenda
State Aid including Capacity Mechanism and Hinkley Point C Appeal Decisions
  • Lode van den Hende - Partner, Herbert Smith Freehills
  • Review of recent capacity mechanism decisions
  • Hinkley Point C Appeal: consequences for state aid to nuclear power generation
  • Renewables and state aid  
  • Selectivity criteria  
  • Proposed revisions to the EEAG in preparation for the next Commissioner
13:00 - 14:00 60 mins
14:00 - 14:45 45 mins
Main Agenda
Review of Abuse of Dominance Developments
  • Jörg Karenfort - Partner, Dentons
  • Josef Hainz - Counsel, Dentons
  • Review of Gazprom commitments
  • In-depth analysis of settlements and implications for contracts
  • Update on the investigation into Romania’s gas transmissions and other developments
  • Opening up of marketing
14:45 - 15:30 45 mins
Main Agenda
Update on Territorial Restrictions in Light of the LNG Qatar Case
  • Lars Kjølbye - Partner, Latham & Watkins LLP
  • Update on LNG Qatar Case
  • Vertical restrictions and profit splitting mechanism
  • Likely practical consequences for LNG contracts of the case
  • Destination clauses and free movement of gas in Europe
15:30 - 15:50 20 mins
Afternoon Coffee Break
15:50 - 16:35 45 mins
Main Agenda
Mergers in the Energy Sector
  • Natura Gracia - Partner, Linklaters LLP
  • Review of significant recent mergers, including Fortum/Uniper and SSE/NPower merger, and covering process, market analysis, collective dominance and competitive effects
  • Specific considerations regarding renewable energy projects (including co-investment, full function JVs and treatment of minority shareholdings
  • Public interest and national security considerations including foreign investment rules
16:35 - 17:25 50 mins
Main Agenda
Review of National Enforcement
  • Mark Mills - Principal Legal Adviser, Ofgem
  • Sara Vaughan - Political & Regulatory Affairs Director, E.ON
  • Carlo Bardini - Deputy Director, Energy Directorate, Italian Competition Authority
  • Review of national level developments including CMA’s investigation into heat networks
  • Brexit and internal energy markets including likely implications for deferred Third Energy package
  • Consumer price regulation: comparison of approaches across Europe
  • Is the consumer getting a good deal?
  • Use of data in the energy sector and how it is transforming the market
17:25 - 17:30 5 mins
Chair’s Closing Remarks and Close of Conference