Competition and State aid
Competition
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Secretariat’s actions
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Supporting
- The Secretariat supports Contracting Parties in transposing and implementing the provisions of the antitrust acquis contained in the Treaty establishing Energy Community.
- The Secretariat reviews drafted national legislation and provides feedback.
- The Secretariat promotes enshrinement of robust fair competition principles into energy sector regulation.
- The Secretariat provides assessments and investigates complaints, inter alia, related to antitrust.
- The Secretariat provides support to national competition authorities in terms of application and interpretation of competition law.
- The Secretariat engages in capacity building for national competition authorities.
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Monitoring
- The Secretariat tracks implementation progress and compliance.
- The Secretariat monitors enforcement of competition (antitrust) rules by the national competition authorities.
- The Secretariat presents and publishes its assessment of the implementation performance of the Contracting Parties in the Annual Implementation Report.
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Supporting
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Timeline and tasks
Tasks
The Energy Community competition acquis is enforced by the national competition authorities of the Contracting Parties, listed below.
Contracting Party National Competition Authority Albania Competition Authority Bosnia and Herzegovina Competition Council Georgia1 Competition and Consumer Agency
Georgian National Energy and Water Supply Regulatory CommissionKosovo* Competition Authority Moldova Competition Council Montenegro Agency for Protection of Competition North Macedonia Commission for Protection of Competition Serbia Commission for Protection of Competition Ukraine Antimonopoly Committee of Ukraine 1 Note: In the energy sector its functions are performed by Georgian National Energy and Water Supply Regulatory Commission (GNERC)
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Legal basis and purpose
Legal basis and purpose
- Under Article 3 (a) of the Treaty establishing Energy Community, the Contracting Parties shall implement the acquis on competition (with appropriate adaptations) as per Article 18 (1) and Annex III (Articles 81 and 82 of the Treaty establishing the European Community referred to in Article 18(2), that is to say, Articles 101 and 102 of the Treaty on the Functioning of the European Union.
- Article 18 of the Treaty establishing Energy Community contains antitrust rules prohibiting agreements and concerted practices between undertakings that restrict competition and abusive conduct by undertakings that hold a dominant position on the market. The competition authorities of the Contracting Parties are enforcers of these rules.
- Under Article 3 (a) of the Treaty establishing Energy Community, the Contracting Parties shall implement the acquis on competition (with appropriate adaptations) as per Article 18 (1) and Annex III (Articles 81 and 82 of the Treaty establishing the European Community referred to in Article 18(2), that is to say, Articles 101 and 102 of the Treaty on the Functioning of the European Union.
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