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Ownership Unbundling In European Energy Market & Legal Problems Under Eu Law, Michael Diathesopoulos Sep 2011

Ownership Unbundling In European Energy Market & Legal Problems Under Eu Law, Michael Diathesopoulos

Michael Diathesopoulos

In this paper we will examine the issue of ownership unbundling and forced divestiture remedies imposed in a series of recent competition law cases of the energy market - examined in other papers - in relation to the possible existence of a series of legal obstacles. These energy market decisions belong to a group of antitrust cases in which a structural divestiture remedy has been imposed under the provisions of Article 9 of Regulation 1/2003. This divestiture refers to transmission networks and to generation capacity and is meant to lead to severe structural changes, which are compatible with the findings …


Waldo In The Light Of Austerity And Federal Debt Crisis, Part 2, Jan Kallberg Aug 2011

Waldo In The Light Of Austerity And Federal Debt Crisis, Part 2, Jan Kallberg

Jan Kallberg

Waldo’s predictions about the future for public administration describe five areas that would be problematic in the future: legitimacy, authority, knowledge, control, and confidence. Legitimacy includes not only that the government is legally legitimized but capable and focused on an intention to deliver the “good society.” Authority, according to Waldo, is the ability to implement policy with the acceptance of the people based on rationalism, expectations of public good, ethics, superior knowledge, and institutional contexts. Knowledge is institutional knowledge, the ability to arrange and utilize knowledge within the bureaucracy since coordination is the major challenge in knowledge management. Government has …


Waldo In The Light Of Austerity And Federal Debt Crisis, Part 1, Jan Kallberg Aug 2011

Waldo In The Light Of Austerity And Federal Debt Crisis, Part 1, Jan Kallberg

Jan Kallberg

Dwight Waldo wrote The Enterprise of Public Administration in 1979 looking back on a long and fruitful academic career, but also as a reflection about the future for public administration. Can a 30 year old book still be relevant? You bet. Today, the public sector is increasingly facing fiscal challenges. Federal, state, and local governments throughout the country have major budget deficits followed by austerity measures that undermine the ability to deliver the good life of the future. In this day and age rereading Dwight Waldo’s The Enterprise of Public Administration is an intellectual exercise worth pursuing. Several of Dwight …


Competition Law And Sector Regulation In The European Energy Market After The Third Energy Package: Hierarchy And Efficiency, Michael Diathesopoulos Apr 2011

Competition Law And Sector Regulation In The European Energy Market After The Third Energy Package: Hierarchy And Efficiency, Michael Diathesopoulos

Michael Diathesopoulos

The aim of this research is to provide the basic parameters for a model for the definition of the relation between the general competition and sector specific frameworks and rules regarding the regulation of the Internal Energy Market, especially after the Third Energy Package. The research considers the recent sector specific framework in relation to a series of recent competition law cases of the Energy Market where structural remedies were applied under the commitments procedure. Essential facilities doctrine and generally competition law tools do not seem to provide a suitable framework for effectively addressing the dynamic competition concept, treating the …