KA-Legal works extensively and has in depth expertise in the energy and construction/public works sectors. Recent examples include:
EU Regulatory – Competition:
Competition and Regulatory Framework: Advising a major multinational on the EU and international competition and energy regulatory framework in relation to access to pipelines in a non-discriminatory and transparent manner.
Security of Supply: Advising a major multinational on the interface of security of supply with competition law in the EU.
Bundling: Advising several corporate energy clients on unbundling initiatives in the EU regarding ownership and accounting and the unbundling of electricity distribution, transmission and production activities.
Major International Natural Gas Corporation: Advising on the compatibility with EU antitrust rules (in particular Article 101 and Article 102 TFEU) of (1) territorial and resale price restrictions for gas; (2) the appropriate duration of long term gas exclusive purchase agreements; (3) ”take or pay” clauses; (4) “dual pricing” practices; (5) security of supply; and (6) international trade issues, in particular, transit rules and access to pipelines.
Energy Charter – WTO/GATT: Advising on the impact of the Energy Charter on trade in natural gas between Russia and the EU and on transit of gas issues under GATT and the Energy Charter.
Major EU Gas Corporation: Advising on the EU’s regulatory framework on natural gas, unbundling issues, access to pipelines / distribution networks (on non discriminatory and cost orientated basis) and capacity tendering procedures under the First, Second and now Third EU Energy Liberalisation Packages.
Electricity Imports: Advising on the issues surrounding the import of electricity into the EU, including consideration of clean and safe methods for electricity production, reciprocal access to markets and analysis of the EU wide high voltage distribution grids and consideration of the Partnership and Cooperation agreement between the EU and Russia.
Pricing and Exclusivity Issues: Advising major gas producers in relation to the validity of a number of long term gas supply agreements (including consideration of, for example, territoriality and limitation clauses, return on investment, long term purchasing requirements and stranded costs) in operation in the EU.
Advising and representing a major EU energy intensive industry in a long standing dispute with an electricity incumbent on proper electricity pricing.
North Sea Pipeline: Advising and representing a third party in merger control proceedings before the European Commission in relation to the competitive impact of a transaction involving pipeline management and ownership in the North Sea.
Distribution JV: Advising a CIS energy company in connection with the setting up of an energy distribution joint venture with a Hungarian partner.
Co-generation JV: Advising a CIS energy company on the setting of a joint venture in Turkey for the development of a co-generation plant.
Gas and Oil Company: Advising one of the world’s largest gas and oil companies on various competition law and EU regulatory matters (including co-operation and joint venture agreements with competitors).
German Electricity – State Aid: Advising an electricity company on competition issues and State Aid in connection to a merger in Germany.
Russian Utility: Advising on the EU state aid rules as applicable in the energy sector and in particular with regard to clean energy production.
Nuclear Sector: Advising a major nuclear company on the application of EU State aids and Euratom Treaty provisions pertaining to the construction of a major nuclear power plant in Hungary.
Nuclear Sector: Advising in relation to insurance market failures in the nuclear sector.
Advising a major EU cement industry association in EU State aids procedures aiming at excluding the industry from the EU Emission Trading System compliance costs.
Advising an representing a major EU electricity producers' association in EU State aids procedures relating to capacity adequacy compensation.
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