The CNMC and the regulation of the energy sector

Abstract

The Treaty of Rome, based on free competition, questioned the traditional model of European public service. Gradually, certain activities of general interest began to be developed by particulars, subject to public service obligations. The liberalization of the Spanish energy sector led to the CSEN, first regulator, followed by the CNSE. The CNE had already a high degree of independency. The CNMC integrates the old regulators with the competition authority, entities with different approaches. In order to avoid possible inconveniences for that reason, the Council acts normally in courts that attend separately competition and regulation issues. Although the CNMC has, in general, more faculties in the energy sector, certain competencies of the previous CNE will be transferred to the Ministry of Energy, something questionable.