Checking date: 16/04/2024


Course: 2024/2025

Protection of competition in the energy sector
(12179)
Master in Law of Regulated Sectors (Plan: 311 - Estudio: 294)
EPD


Coordinating teacher: GINER PARREÑO, CESAR AUGUSTO

Department assigned to the subject: Private Law Department

Type: Electives
ECTS Credits: 3.0 ECTS

Course:
Semester:




Requirements (Subjects that are assumed to be known)
Competition Law
Objectives
- Possess and acquire knowledge that provides a basis or opportunity to be original in the development and/or application of ideas, often in a research context. - Make the students able to apply the knowledge acquired, and their ability to solve problems in environments that are new or little known within broader contexts (or multidisciplinary) related to their field of study. - Make the students able to integrate knowledge and face the complexity of exercising judgment from information that, being incomplete or limited, includes reflections over the social and ethical responsibilities linked to the application of their knowledge and judgments. - Make the students capable to communicate their conclusions and the knowledge and ultimate reasons that support those conclusions, to a public that may be specialized or non-specialized in a clear and unambiguous manner. - Make the students possess the learning skills that allow them to continue studying in a way that will, to a great extent, have to be self-directed and autonomous. - Understand the multidisciplinary nature of the legal order and the necessarily interdisciplinary approach to legal problems, especially from an international perspective. - To integrate, manage, identify, organize and analyze information of a legal nature. - To formulate critical judgments, evaluate them, and communicate their conclusions in a clear and orderly manner. - To evaluate the development of personal and collective actions, identifying rigorous and well-finished work, as well as mistakes, making arguments, and proposing alternative solutions to improve processes and outcomes. - To acknowledge the growing importance of teamwork and show initiative, creativity and sense of responsibility, maintaining a lively interest during the whole process. - To adapt and blend into different working groups, keeping fluid relationships and communication, respecting ideas and solutions proposed by others with an attitude of cooperation and tolerance, sharing responsibilities and issuing and receiving instructions. - To develop professional works in interdisciplinary and international teams, with the ability to integrate diverse contributions in diverse and multicultural legal environments, all towards a common goal. - To acquire an adequate and correct attitude at an international level, especially in the context of legal compliance and the management of conflicts of interest in the negotiation of contracts and their performance, as well as in the dispute resolution stage. - Ability to understand the advisory role in the broader transnational environment. - Ability to apply in new and multidisciplinary environments the concepts, principles, theories or models related to the globalization and internationalization of the law.
Skills and learning outcomes
Description of contents: programme
1. Energy markets. Liberalization and competition in the energy market. Regulatory framework. 2. Regulated activities and competitive activities in the electricity sector: generation, transmission, distribution and commercialization. 3. The competitive operation of the electricity market: the wholesale energy market (electricity pool). 4. The competitive functioning of the electricity market: forward markets, bilateral contracts, intraday markets. 5. Anticompetitive vertical agreements: problems in energy distribution. 6. Horizontal agreements: price fixing. Consumer protection. Distortion of free competition by unfair acts in the commercialization of electricity. 7. Abuse of dominant position: Price-fixing schemes. Abuse of pivotal power and excessive prices. Margin squeeze. 8. Merger control in the energy sector: case analysis. 9. State aid regime in the energy sector: State aid for environmental protection and energy. Analysis of capacity mechanisms. 10. Competition in the distribution of hydrocarbons. Vertical agreements and anticompetitive practices. 11. Competition in the gas sector. Main anticompetitive conducts.
Learning activities and methodology
TRAINING ACTIVITIES Study of theoretical and practical materials produced and provided by the professor. Case analysis Theoretical and practical classes. Individual o group work, as indicated by the teachers EDUCATIONAL METHODOLOGIES -Exhibitions with audiovisual and computer support, in which the main concepts of matter are developed and bibliography is provided to complement the learning of students. -Critical reading of texts recommended by the course - Use of Artificial Intelligence tools selectively allowed in this subject. The faculty may indicate a list of works and exercises that the student can perform using AI tools, specifying how they should be used, and how the student should describe the use made of them. If the use of AI by the student gives rise to academic fraud by falsifying the results of an exam or work required to accredit academic performance, the provisions of the Regulation of the University Carlos III of Madrid of partial development of the Law 3/2022, of February 24th, of University Coexistence will be applied.
Assessment System
  • % end-of-term-examination 40
  • % of continuous assessment (assigments, laboratory, practicals...) 60

Calendar of Continuous assessment


Basic Bibliography
  • AAVV, Sánchez Rodríguez, A. J (dir).. Manual de Derecho y mercado de la energía. Tirant lo Blanch . 2019
  • AAVV. García Delgado et al (Dirs). Energía y regulación. Thomson Civitas. 2007
  • AAVV. Guillén Caramés (Dir.). Derecho de la competencia y energía eléctrica. Civitas. 2009
  • AAVV. Santiago Muñoz Machado (Dir). . Derecho de la regulación económica. Vol 3. Tomos 1 y 2 Sector energético. Iustel . 2010
  • Encinar Arroyo, N.. Derecho del comercio eléctrico. Aranzadi. 2018
  • Mourenza Díaz. JR. Derecho de la energía. Civitas. 2011
  • Olmedo Peralta, E.. Derecho de la competencia en el sector energético. forthcoming.

The course syllabus may change due academic events or other reasons.