EU ANTITRUST: HOT TOPICS & NEXT STEPS

EU ANTITRUST: HOT TOPICS & NEXT STEPS 2022

Prague, Czechia

Nord Stream 2 – Antitrust Law and Energy Security Zdeněk Petrášek

Johannes Kepler University Linz Altenberger Str. 69, Linz, 4040 Austria e-mail: petrasek@energylaw.cz

Abstract The author of this article focuses on decarbonisation in the energy sector as an element of critical infrastructure. In the first part of the paper, he highlights the negative impacts of the energy crisis, including price increases. He goes on to discuss the energy mix adjustment, legal regulations in the energy sector and the context of decarbonisation, and the permit-granting process within Nord Stream 2. The approval process is compared to that of wind power plants, where regulation is adjusted between decarbonisation requirements and environmental protection. The second part discusses energy security and its importance for consumers and others, with a view to ensuring future prosperity and environmental sustainability. The author concludes that the change in the social paradigm in the environmental field will also affect regulations. Keywords: decarbonisation, energy security, Nord Stream 2 JEL Classification: K210 1. Introduction The transformation of the energy sector in the EU means a transformation of the law based on political decisions and international efforts. These are based on international agreements on climate protection, conventions related to the protection of biodiversity or the legal protection of the atmosphere or water. The EU’s energy transition can therefore be subordinated as a component of an international (legal) approach to environmental protection that will enable and ensure its functioning across society around the world. In 2022, we will mark the 50th anniversary of the United Nations Environment Programme from the United Nations Conference on the Human Environment, which was held in Stockholm from 5 to 16 June 1972. This involves a gradual change of perspective in the face of increasing negative impacts and pollution (Buttler, 1987, pp. 541–542). The energy sector forms part of the critical infrastructure that is essential for security of the state and its defence. Although proper functioning of the energy

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