Made available in DSpace on 2016-04-26T20:23:53Z (GMT). No. of bitstreams: 1 Diogo Albaneze Gomes Ribeiro.pdf: 1427256 bytes, checksum: 040a344742e9958f178c327c9717832a (MD5) Previous issue date: 2015-09-17 / This study aims to investigate the use of arbitration in contracts executed in the electric power sector, analyzing not only their pertinence, but, principally, their effective application in generation, distribution, transmission, and commercialization contracts of electricity. The industry, after going through a process of unbundling, that distinguished the monopolized activities likely to be provided for in the/a competition regime, underwent major innovations introduced by Law 9.648/1998 (that created the independent electricity producer and made commercialization an autonomous activity). As a result of these innovations, the contractual relationship between the actors of the sector multiplied, turning it into one of the most complex regulated markets and, consequently, propitious to the use of alternative mechanisms for conflict resolution, including arbitration. In this context, the use of mediation, conciliation, and arbitration institutes came to be expressly provided for in various industry standards, and, in some situations, mandatory use as in the commercialization of electricity. For these reasons, arbitration in the electricity sector is turning into a field that, increasingly, deserves attention from the arbitration community / O presente trabalho tem por objetivo investigar a utilização da arbitragem nos contratos firmados no setor de energia elétrica, analisando não apenas o seu cabimento, mas, principalmente, a sua efetiva aplicação nos contratos de geração, distribuição, transmissão e comercialização de energia elétrica. O setor, após passar por um processo de desintegração vertical (unbundling), que distinguiu as atividades monopolizadas das suscetíveis de serem prestadas em regime de competição, passou por importantes inovações trazidas pela Lei 9.648/1998 (que criou a figura do produtor independente de energia elétrica e a comercialização como atividade autônoma). Como resultado dessas inovações, multiplicaram-se as relações contratuais entre os agentes do setor, transformando-o em um dos mercados regulados mais complexos e, consequentemente, propícios para a utilização de mecanismos alternativos de solucionar conflitos, incluindo a arbitragem. Nesse contexto, a utilização dos institutos da mediação, conciliação e arbitragem passou a ser expressamente prevista em diversas normas do setor, sendo, em algumas situações, de uso obrigatório como ocorre no âmbito da comercialização de energia elétrica. Por esses motivos, a arbitragem no setor de energia elétrica vem se transformando em um campo que vem, cada vez mais, merecendo atenção da comunidade arbitral

A recent highly disputed subject of regulating energy markets in Europe is the unbundling of vertically integrated down- and upstream firms. While legal unbundling is already implemented in most countries and indisputable in its necessity for approaching regulatory aims, continuative models as ownership unbundling or the alternative of an independent system operator are still ambiguous. Hence, this article contributes to the economic analyses of identifying the differences of separate types of unbundling. Via simulation, we find that legal unbundling brings about the lowest prices in a market under Cournot competition. Moreover, under Bertrand competition, no differences between legal unbundling and ownership unbundling can be identified. (author's abstract) / Series: Working Papers / Research Institute for Regulatory Economics

The unbundling of the faculty role occurs when e-learning course tasks normally performed by a single faculty member--such as course design, development, delivery, grading, interaction with students, course improvement, and advisement--are segmented or unbundled so that they can be performed by other personnel or with technologies. Using a qualitative methods approach, this study examines the unbundling and restructuring of the faculty professional role in large enrollment e-learning courses. This study was conducted at three community colleges in a large, urban community college district, and presents three models of e-learning course production that affect the unbundling of the faculty role: craft, collegial, and virtual assembly line. This research also examines how e-learning faculty members seek to rebundle tasks associated with their professional role and identity, and the tasks they perceive as meeting student needs and demand. This study contributes to professional and economic theories concerning faculty members in the e-learning context, and advances theories associated with academic labor, managed professionals, Academic Capitalism, and the globalization of the community college.

This paper is the first to explicitly test for the presence of a trade-off between static and dynamic efficiency in a regulated industry, the electricity industry. We show for 16 European countries over the period 1998-2007 that higher electricity end-user prices in a country subsequently lead to higher investments in the capital stock, i.e. in generation, distribution and transmission assets. Moreover, there is a trade-off between vertical economies and competition. Ownership unbundling and forced access to the incumbent transmission grid increase competition but come at the cost of lost vertical economies. Generally, we find that regulation that affect only the market like the establishment of a wholesale market or free choice of suppliers increase investment activity via spurring competition. Regulation, however, that adversely affects the incumbent directly, like ownership unbundling, decreases aggregate investment spending. (author's abstract) / Series: Working Papers / Research Institute for Regulatory Economics

The EU has been promoting unbundling of the transmission grid from other stages of the electricity supply chain with the aim of fostering competition in the upstream stage of electricity generation. At presence, ownership unbundling is the predominant form of unbundling in Europe. However, the benefits of increased competition from ownership unbundling of the transmission grid may come at the cost of lost vertical synergies between the formerly integrated stages of electricity supply. The policy debate generally neglects such potential costs of unbundling, yet concentrates on its benefits. Therefore European cross-country evidence may shed some light on this issue. This study helps fill this void by empirically estimating the magnitude of economies of vertical integration (EVI) between electricity generation and transmission based on a quadratic cost function. For this purpose we employ novel firm-level panel data of major European electricity utilities. Our results confirm the presence of substantial EVI, which put the policy measure of transmission ownership unbundling into question. (authors' abstract) / Series: Department of Economics Working Paper Series

Depuis le début de la construction européenne, définir une politique énergétique européenne était un défi important. Malgré les Etats membres qui voulaient préserver l’autonomie de leur secteur énergétique, une vague de restructurations s’est mise en place dans le secteur européen de l’électricité et du gaz par la libéralisation du secteur. Dans ce cadre, le troisième paquet énergie avec la disposition de la séparation de la propriété qui envisageait de démanteler les grandes entreprises énergétiques, a suscité une grande polémique. En relation avec ce débat intensif, la genèse et l’institutionnalisation de la politique énergétique au niveau européen à partir de 1950 jusqu’à 2010 ont été étudiées. Le rôle des idées néolibérales, les pratiques quotidiennes des acteurs (les groupes d’intérêt, les fonctionnaires des institutions européennes, les parlementaires européens..), leurs rapports de force, les luttes de pouvoir dans l’établissement de cette politique ont été analysés. / From the beginning of the European integration, defining a European energy policy was an important challenge. Despite the Member States who intended to preserve the autonomy of their energy sector, a wave of restructuring has taken place in the European electricity and gas sector through the liberalization. In this context, the third energy package with the unbundling issue which envisaged dismantling the big energy companies, caused great deal of controversy and polemics. In connection with this intensive debate, the genesis and institutionalization of the European energy policy from 1950 to 2010 have been studied. The role of neoliberal ideas, stakeholders’ daily practices (interest groups, officials of the European institutions, MEPs...), their power relations, political struggles in the establishment of this policy were analyzed.

1 Summary Key words: Natural monopoly, network industry, energy industry, regulation, liberalization, unbundling, third party access The present thesis sets out to explore the legal aspects of network industries and natural monopolies. It researches these aspects using the example of the energy sector (i.e. the power and gas industries), which is a typical example of a network industry. In terms of its geographical scope, the thesis focuses on the EU energy law and its specific application in the Czech Republic. The fundamental point of departure for the present thesis is a believe that energy law is closely intertwined with economic policy, and is appropriately interpreted only in the context of the concrete measures, tools, and concepts meant to reflect a nation's energy policy. The main driver of energy policy, and hence also of energy law, is a reform of the energy industry aiming at its liberalization. The key tools for its successful implementation are economic regulation, third party access, unbundling, and public administration by independent regulatory bodies. Firstly, the present thesis discusses the economic characteristics of network industries, that is most importantly the existence of a natural monopoly. The second part of the thesis outlines the background of liberalization and the related...

Faculty of Law, Charles University in Prague, Department of Commercial Law Dissertation topic: International Power Trading Law Author: Mgr. Klára Vaculíková March 2011 The purpose of the thesis was legal analysis of the power trading in the today's global world. This entails mainly the discipline of international private law. Power trading, in particular transactions on sale and purchase of electric power with an international element are subject to general rules of international private law. Nevertheless, the exceptional nature of electric power and of its disposition described in the thesis makes the area of power trading quite special sub-discipline of international private law. In the same time, very complex and significantly relevant part of the power trading, which the study cannot avoid to consider, is the regulatory framework, within which this specific sort of business is carried on. After introductory Chapter One, the thesis describes characteristic issues in the international power trading, in its Chapter Two. Chapter Three provides necessary basic conceptual classification of the given topic within the system of law. Although the main topic of this thesis is the core of the power trading business, meaning the private transactions related to electric power and their analysis, fair part...

<p>Changes in sectors and industries have brought new challenges to corporations as well as been important driving forces for the dynamics in strategy at the corporate level. With the dramatic developments of the 1990’s in mind, such as multilateral free-trade agreements, liberalization, privatization, sharp industry growth/decline, increased competition and globalization, in particular within the telecom and the construction industry, this study contributes to describing and understanding strategic change at the corporate level as well as changes in the division of work within value chains. Strategy is defined as intentions, decisions and actions that relate to bundling and unbundling at different strategic levels, aiming to establish and reestablish a value chain position. Thus, outsourcing, M&As, modularization and systems development and sales are important strategic components which are examined from a value chain perspective. From a value chain perspective, the purpose of this study is to describe and understand strategic change at the corporate level in the telecom and construction industries during the 1990’s. More specifically this study shall contribute to describing and understanding (i) the dynamics of and between M&As, outsourcing, modularization and systemization, as well as (ii) industrial and financial drivers to strategic change.</p><p>The conclusions describe strategic change from a value chain perspective using three descriptive patterns, including an increasing degree of specialization and need for interorganizational coordination across the value chain. In addition, outsourcing and modularization of systems and an increased scope of offering through systemization and BOT-projects, result in the fact that due to M&As the horizontal boundary of the firm sometimes goes beyond the industry scope while the vertical scope is often narrowed through outsourcing. The conclusions also focus on understanding the content of strategic change, that is to say the dynamics of and between mergers and acquisitions, outsourcing, modularization and system sales. These findings are summarized in nine explanatory patterns. These patterns show that the strategic decisions of bundling and unbundling at the corporate and functional level through mergers and acquisitions, outsourcing, systemization and modularization are guided by an industrial as well as a financial logic. By considering the descriptive and explanatory patterns found this study, the conclusions also include what to expect during the next decade with regard to corporate strategy from a value chain perspective in five predictive patterns.</p>

Changes in sectors and industries have brought new challenges to corporations as well as been important driving forces for the dynamics in strategy at the corporate level. With the dramatic developments of the 1990’s in mind, such as multilateral free-trade agreements, liberalization, privatization, sharp industry growth/decline, increased competition and globalization, in particular within the telecom and the construction industry, this study contributes to describing and understanding strategic change at the corporate level as well as changes in the division of work within value chains. Strategy is defined as intentions, decisions and actions that relate to bundling and unbundling at different strategic levels, aiming to establish and reestablish a value chain position. Thus, outsourcing, M&amp;As, modularization and systems development and sales are important strategic components which are examined from a value chain perspective. From a value chain perspective, the purpose of this study is to describe and understand strategic change at the corporate level in the telecom and construction industries during the 1990’s. More specifically this study shall contribute to describing and understanding (i) the dynamics of and between M&amp;As, outsourcing, modularization and systemization, as well as (ii) industrial and financial drivers to strategic change. The conclusions describe strategic change from a value chain perspective using three descriptive patterns, including an increasing degree of specialization and need for interorganizational coordination across the value chain. In addition, outsourcing and modularization of systems and an increased scope of offering through systemization and BOT-projects, result in the fact that due to M&amp;As the horizontal boundary of the firm sometimes goes beyond the industry scope while the vertical scope is often narrowed through outsourcing. The conclusions also focus on understanding the content of strategic change, that is to say the dynamics of and between mergers and acquisitions, outsourcing, modularization and system sales. These findings are summarized in nine explanatory patterns. These patterns show that the strategic decisions of bundling and unbundling at the corporate and functional level through mergers and acquisitions, outsourcing, systemization and modularization are guided by an industrial as well as a financial logic. By considering the descriptive and explanatory patterns found this study, the conclusions also include what to expect during the next decade with regard to corporate strategy from a value chain perspective in five predictive patterns.