Profile

Jostein’s expertise is in market analysis, competition and regulatory economics in the energy and infrastructure sectors. He advises companies, governments, investors and regulatory authorities on antitrust and regulatory investigations, commercial disputes, and transactions. Jostein has provided expert advice, reports and testimony in the electricity, natural gas, oil, and thermal coal sectors. For example, he testified at the Permanent Court of Arbitration on behalf of EDF International in a dispute concerning the early termination of power purchase agreements in Hungary. Jostein is listed as an Expert in the Who’s Who Legal: Energy guide to leading economic and financial experts worldwide.

Selected expert testimony experience

  • Expert for the claimant in an arbitration concerning a long-term energy contract (2018­–)
  • Damages valuation expert for the claimant in a commercial litigation in the offshore oil and gas sector (2017–)
  • Expert reports submitted on behalf of the respondent in an investor­‒state arbitration involving an oil and gas sector claimant (2016–)
  • Expert reports and testimony submitted to the UK Competition and Markets Authority (CMA) on behalf of firmus energy in its appeal of the GD17 price control (2016–17)
  • Damages valuation expert for an international energy trading firm in a dispute relating to multiple breaches of a long-term supply agreement (2016)
  • Expert reports and testimony on behalf of the claimant, EDF International, in an arbitration against Hungary (2011–14)
  • Expert advice to an international oil trading company in the context of a multi-jurisdictional market manipulation and abuse investigation (2012–13)
  • Expert evidence for Budapesti Erőmű Zrt (Budapest Power Plant) with respect to its appeal of the European Commission’s state aid decision involving the termination of Power Purchase Agreements (2008–11)
  • Expert report for Endeavour International Corporation in the context of its referral to the UK Secretary of State for Energy and Climate Change of a dispute over access tariffs to certain offshore pipeline and platform infrastructure (2010)

Selected project experience

  • Economic and financial analysis in the development of a restructuring plan for a European airline (2016–)
  • Economic adviser to the Regulatory Authority of Bermuda on the design of electricity market regulation and the implications of prospective investments in LNG regasification and replacement generation capacity on electricity tariffs (2016–)
  • Economic adviser to the complainant in a dispute against a vertically integrated incumbent power company, including presentation of evidence to the European Commission (DG Competition) (2016–17)
  • Valuation of damages for a claim against one of the main producers of underground and submarine power cables that had participated in a cartel running from February 1999 to January 2009 (2015–18)
  • Economic adviser to the Government of Malta on the notification of aid measures to facilitate infrastructure investment, including valuation of LNG and integrated gas-fired electricity generation facilities (2016)
  • Economic adviser to ScottishPower in the context of the UK CMA’s Energy Market Investigation (2014–16)
  • Economic adviser to Bulgaria Energy Holding in the context of an antitrust investigation, including presentation of evidence to the European Commission (DG Competition) (2014–15)
  • Economic and financial assessment of the pricing methodology for a gas utility to assess the risk of future competition enforcement action (2015)
  • Economic advice relating to regulatory matters in the electricity sector for a Hong Kong-based energy utility (2015)
  • Advice to the UK government and EDF relating to the European Commission’s state aid investigation into the proposed investment contract for the Hinkley Point C nuclear power plant (2013–14)
  • Analysis of the competition impact of the merger of an offshore gas pipeline system and adjacent onshore gas processing plants (2014)
  • Financial analysis of discount rates for thermal and renewable generation technologies in selected countries for a European energy company (2013)
  • Competition analysis for ICE (IntercontinentalExchange) relating to its acquisition of a majority stake in the natural gas and derivatives trading business of APX-ENDEX (2012–13)
  • Assessment of discount rates for low-carbon generation technologies for the UK Committee on Climate Change and the Department of Energy and Climate Change (2010–11)
  • Valuation of offshore oil and gas pipelines, and assessment of access tariffs for BG Group (2011)
  • Advice to the Dutch competition authority on the valuation of Gasunie Transport Services’ assets in the context of a regulatory price control appeal (2011)
  • Valuation of offshore gas storage facilities for The Crown Estate (UK) (2010)
  • Valuation of an electricity interconnector, and competition analysis for a European electricity company (2007–09)

Selected publications

  • Kristensen, J. (2014), ‘What’s a CfD worth to you?’, Utility Week, 21 November.
  • Kristensen, J. and Gill, A. (2008), ‘How Competitive are Energy Supply Markets?’, Competition Law Insight7:5, 6 May.
  • Kristensen, J. (2007), ‘Is Ownership Unbundling the Best Strategy for Energy Sector Reform?’, Competition Law Insight6:3, 13 March.

Qualifications

  • MSc Business Economics, University of Manchester Institute of Science and Technology (UMIST)
  • MEng Engineering Manufacture and Management, UMIST