TÜRKİYE ELEKTRİK PAZARINDA GÜNCEL GELİŞMELER VE AVRUPA BİRLİĞİ KOMİSYONUNUN CEZ KARARI

The main goal within the Turkish electricity market which is newly liberalised and regulated is to create an open, transparent and sustainable electricity market. The unique market structure of the electricity markets seems to be the one of the obstacles in reaching this aim. As a result of this market structure, transmission and distribution activities, which are natural monopolies, are carried out by vertically integrated energy companies who also operate in electricity generation and supply markets. This vertical integration could prevent the development of competition within the electricity generation and supply markets. The Electricity Market Code No.6446 and the secondary legislation adopt vertical separation through the legal separation model. However, CEZ decision of the European Union Competition Commission shows that legal separation may be insufficient in terms of realizing the goal of liberalization. In the light of the CEZ decision, this article points out that the legal separation model in the Turkish electricity market needs to be reconsidered.