States find
goals clash with EU Single-market ideals are sidelined by energy
dealings
Mar 6, 2006 - International Herald Tribune
Author(s): James Kanter
As French officials defend the deal they brokered to keep the French
utility Suez out of Italian hands, another, potentially broader clash
with the European Union over energy is just getting under way. This one,
involving antitrust issues, could determine to what extent European
countries like France are able to refashion their national champions to
exert greater control over European energy markets. Within weeks, the
French authorities are expected to ask the European antitrust
authorities for permission to merge Suez, which provides electricity,
waste and water services, with Gaz de France, the dominant French
natural gas company.
The deal would create the world's largest utility by sales in a
country that already includes one of the world's most valuable
electricity companies, Electricite de France.
Opponents, including some big power users in heavy industry, are
already pushing the European Union's competition commissioner, Neelie
Kroes, to scrutinize, and perhaps even block, the French deal on the
grounds that it could set back efforts to break down national barriers
in the energy sector. "The EU should not be allowing consolidation in
markets like energy where we haven't even established competition yet,"
said Jeremy Nicholson, the director of the Energy Intensive Users Group,
which is based in London and includes the aluminum company Alcan and the
industrial gases company BOC.
But any attempt by Kroes to block the deal would be difficult,
lawyers say, because she might need to show that remedies would not
repair a loss of competition in the sector, or that there would be the
potential for the newly merged company and the other big player in
France, EDF, to coordinate their strategies. EU courts have been
skeptical about such theories.
In fact, the markets of the merging companies, Suez and GDF, overlap
very little, said Colette Lewiner, a senior vice president at Capgemini
in Paris. But GDF and Suez "could have been competitors without the
merger," she said, because GDF has ambitions to get into the electricity
business. The deal, though, could still be "a plus for competition if
Suez and GDF bundle their offerings to give customers like industry
better offerings, perhaps in the form of a single bill for electricity,
gas and water," she said. She also called the political outcry against
the deal in parts of Europe somewhat hypocritical, particularly since
natural gas and electric companies in Spain and Germany have been
allowed to merge.
According to International Oil Daily, the new entity would be the
second-largest utility in Europe, after Electricite de France, and ahead
of the German utility E.ON. But E.ON would take the top spot if it
succeeds in its bid for Endesa, a Spanish power company.
A major difference in the French case is that Prime Minister
Dominique de Villepin announced the deal on Feb. 25, contributing to the
perception that state-led protectionism is on the rise. Some smaller
players in France even see potential advantages to the deal. "The good
news is that existing competitors become an even better alternative for
customers especially if the EU forces them to sell assets in France and
Belgium that we can then buy," said Charles Beigbeder, chief executive
of the French power company Poweo. "The bad news," Beigbeder
acknowledged, "is that we will have two giants very close to the French
state seeking to regulate tariffs and with the potential to set back
liberalization."
The French deal is already the subject of a European Union
investigation into suspected actions by the French to stop a rival
Italian bid for Suez. During the competition inquiry, the EU will ask
whether the French merger would mean higher prices and fewer new
entrants in a market that it regards as malfunctioning. The EU is
expected to review the deal because Suez does a significant amount
business beyond France, notably in Belgium, said Jonathan Todd, a
spokesman for Kroes.
The French authorities are expected to argue that the merger is a
legitimate measure to help guarantee energy security at a time when
prices are volatile and steady supplies of natural gas from countries
like Russia which supplies a quarter of European energy needs are in
doubt.
At first glance, a merger between Suez and Gaz de France would also
appear to create a stronger potential competitor to EDF. EDF has long
been a nemesis of EU regulators because of the way it kept a lock on
competition at home while pursuing aggressive moves into neighboring
markets. But critics like Nicholson said it would be naive to expect the
French government to expose either company to greater competition. The
government has a controlling stake in EDF and would still control GDF by
holding a third of the shares after a merger with Suez.
"Back in the real world one must recognize that the French government
will be calling many of the shots," Nicholson said about the management
of EDF and Suez-GDF. Breaking open cozy national arrangements in energy
markets is supposedly a major goal for Kroes, who has staked her tenure
as competition commissioner on new companies' being able to offer better
prices to customers. Besides requiring the French to sell some holdings
in Belgium, the European Union could also require access to natural gas
distribution networks to allow entrants into the market. But proving
that a merged Suez- GDF could cooperate with EDF as a duopoly could be
much harder.
Despite protests from the Italians and skeptical comments from the
German chancellery minister, Thomas de Maiziere, over the weekend, the
French seem determined to press forward with the deal. Gaz de France's
chief executive, Jean-Francois Cirelli, told Europe 1 radio on Saturday
that a major rationale for the merger was to allow the state to continue
determining strategy and setting prices. "The state will still have
considerable influence in this sector," he said, "because it's a
strategic sector."
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