Brussels in the
hot seat as EU goes to war over energy ; BUSINESS ANALYSIS
Feb 28, 2006 - Independent-London
Author(s): Stephen Castle And Michael Harrison
The comments may not have been scripted, but, in the end, France's
foreign minister was brutally frank over the EUR73bn (pounds 50) merger
designed to create a new French energy giant.
Yes, said Philippe Douste-Blazy yesterday, the market must decide,
but "France is doing everything it can to create a big French group".
"Politicians," he continued, "are doing everything to have a French
champion" because firms have "employees - with families - who work in
these enterprises. It is normal for politicians to work to make sure
that these companies are the best in the world".
Normal is not the word to describe the reaction across the continent
to what would be an energy mega-merger. The proposed tie- up of Gaz de
France and Suez has provoked a storm, prompting bitter complaints of
protectionism and even comparisons with the economic nationalism that
preceded the First World War.
The Italian prime minister, Silvio Berlusconi, has condemned the
proposed tie-up, news of which emerged after Italy's Enel said it was
considering a hostile bid for Suez. Since the French Prime Minister,
Dominique de Villepin, withdrew his objections to a full merger between
GdF and Suez on Saturday, the reaction from Rome has been furious. The
Italian opposition leader and former European Commission president,
Romano Prodi, has attacked his former employer for weakness in not
intervening. And Italy's economy minister, Guilio Tremonti, argued: "The
tendency of European states to build protective barriers must be
stopped.
We still have time. If not, we risk an August 1914 effect."
Meanwhile the EU authorities have already warned Spain against
blocking a takeover bid by Germany's E.On for Spanish power company
Ende-sa. That bid has sparked a frenzy of merger activity and alarm in
Madrid where ministers had already agreed the fusion of Ende-sa and Gas
Natural, two Spanish firms, subject to 10 conditions.
How much authority the EU has over France's planned merger remains
unclear. Yesterday, at a weekly meeting of senior Commission officials,
many believed that there was little that Brussels will be able to do to
prevent it.
There is a competition issue concerning Belgium where Suez's
Electrabel subsidiary dominates and GdF has an electricity power
generation joint venture. But under EU rules, because this is
predominantly about one national market, the clearance decision may be
referred back to the competition authorities in Paris. That was the
ruling over the proposed takeover of Endesa by Gas Natural.
In Britain, the only EU member state to have opened its energy sector
entirely to outsiders - with the result that more than half the industry
is now in foreign hands - events on the Continent have been met with a
mixture of exasperation and resignation.
Centrica, which by coincidence already has a joint venture in Belgium
with GdF and has long pressed for the full opening of Europe's markets,
warned it would press for strict controls on the deal.
How much success it will have remains to be seen be-cause similar
protests about the proposed tie-up between Endesa and Gas Natural in
Spain fell on stony ground, leaving Centrica with little option but to
start thinking about withdrawing from the Spanish market.
National Grid said yesterday that it, too, would dearly love to enter
the Continental energy sector but a combination of the closed nature of
the market in many countries and the absence of value- creating deals
left it very few opportunities.
For the Commission the developments of the last few days have been a
wake-up call. In October last year Tony Blair performed a sharp U-turn,
coming out in favour of a common EU energy policy, something
traditionally opposed by the UK.
Now at the top of the agenda, energy will dominate a summit of EU
leader next month in Brussels. Ahead of that meeting the European
Commission will produce a Green Paper on the issue next week.
But more embarrassing is the regulatory context. On 16 February, the
European Competition Commissioner, Neelie Kroes, issued a document which
made a series of scathing criticism of the EU's big energy giants.
Without naming names she warned firms to "take a close look at their
practices" since she was "just at the beginning of a period of more
intensive anti-trust enforcement".
The result is that the companies, threatened with more
liberalisation, scramble to consolidate. Worse, they have retreated into
nation markets. Following the Endesa-Gas Natural merger move, the French
plans underline the emerging pattern.
The Brussels blueprint is for liberalisation to permit competition
across national boundaries. It is happy to see the creation of European
champions as long as they compete across borders. But Ms Kroes's report
reveals how far away that vision is.
While naming no names the document was an implicit attack on
continental former monopolies such as Electricit de France, Germany's
E.ON and Belgium's Sibelgas.
Ms Kroes's officials concluded that wholesale markets retain a high
level of concentration, creating scope for operators to raise prices and
that, because of barriers to new entrants, consumers lack choice. The
document found little cross-border competition, with new firms unable to
get transit capacity on key routes in the gas market and international
competition in electricity hampered by lack of inter-connector capacity.
Former monopoly suppliers, she said, "retain a firm control of the
liberalised markets". Little gas is traded on continental gas hubs and
the big electricity players tend to control generation assets.
In the gas market, new entrants have trouble acquiring transit
capacity on key routes' for electricity "the inquiry shows an overall
lack of interconnector capacity" with what there is "not fully available
to new entrants". The Commission also targets contracts that link gas
and oil prices.
Reformers point out that there are precedents for successful
liberalisation, pointing to the telecommunications market.
Two elements will be key in determining whether Europe can produce a
functioning energy market. The first and most difficult is cross-border
links to ensure competition between firms from different nations. Only
heads of government can make this happen and next month's EU summit will
illustrate if there is the will to go ahead.
The second condition is a tough regulatory framework to ensure that
companies cannot rig the market in specific countries. Ms Kroes's pledge
to take action against firms that abuse their dominant market position
will be a key test of whether those powers are in place.
As one official put it: "The credibility of the Commission as a
regulator is at stake. But it will be more difficult if the regulator is
facing a network of national monopolies."
Giulio Tremonti
ITALIAN ECONOMY MINISTER
"As in the cycle of nationalism before the First World War, no one
wants the blocking of the European market, but someone launches an
ultimatum and the other one responds."
Philippe Douste-Blazy
FRENCH FOREIGN MINISTER
"Politicians are doing everything to have a French champion. Firms
have employees - with families. Politicians work to make sure these
companies are the best in the world."
Charlie McCreevy
INTERNAL MARKET COMMISSIONER
"Concerned about the spirit of the law," even if France is staying
within the letter of the law while encouraging the merger between Suez
and Gaz de France, his spokesman said.
Antonio Fernandez Segura
SPAIN'S ENERGY SECRETARY
Spain had to act because the "golden shares were being phased out. We
were in a situation where anyone could come along and buy our biggest
power company."
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