The proportionality principle under european merger remedies : a critical analysis of the commission's practice on remedies, with a special focus on the energy sector

(2016)

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Cogels_60861400_2016.pdf
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Cogels_60861400_2016_ERRATUM.pdf
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Abstract
For the achievement of its common policies, the Commission enjoys a considerable discretionary power and the proportionality principle can be used as a flexible tool. This is even truer for the Energy Sector, where the creation of a "European internal energy market" is in the interest of the European Union as a whole. Nevertheless, there are some risks associated with a broad interpretation of the proportionality principle.