The Post Danmark II judgment: effects analysis in abuse of dominance cases

On 6 October 2015 the European Court of Justice (ECJ) issued its long-awaited ruling in the Post Danmark II abuse of dominance case. The ruling sheds light on how rebates offered by dominant companies should be assessed in terms of their form and effects. While ruling out the as-efficient competitor test as a necessary condition for finding an abuse, the ECJ leaves room for an analysis of effects on competition in the assessment of rebates

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Piping down? Gassled tariff reductions and the price of regulatory risk

In June 2013, the Norwegian Ministry of Petroleum and Energy (MPE) reduced the tariffs for access to Gassled’s offshore gas transport infrastructure located primarily on the Norwegian continental shelf (NCS). As in other cases where similar actions have been implemented, there is often a price to pay for greater regulatory risk. What are the implications of the MPE’s tariff decision, upheld by the Oslo District Court, for future investment on the NCS?

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Electricity distribution: the CMA decides

On 29 September 2015, the UK Competition and Markets Authority (CMA) published its final determinations on two appeals against elements of the 2015–23 electricity distribution price control review (RIIO-ED1) by Ofgem, the GB energy regulator. One appeal argued that Ofgem had been too stringent in setting allowed revenues; the other that it had been too generous to the distribution network operators (DNOs). What were the CMA’s findings, and what are the implications of its decisions for these appeals?

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Staying ahead of the game: measuring maritime competitiveness

Ensuring the success of domestic companies that are competing in an increasingly globalised environment is often a key priority for governments and policymakers. But how can the competitiveness of a nation be assessed within a particular industry in order to identify and prioritise policy responses? Oxera has developed a framework to answer this question in the context of the UK maritime sector

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