The debate in the WTO concerning the status of energy is reminiscent of a similar debate in the European Community (EC). The lack of direct reference to energy in the EC Treaty resulted in years of uncertainty as to whether internal market and competition rules apply. This uncertainty was resolved by litigation and subsequently by adoption of a detailed and all-encompassing legal framework for trade in energy in the EC. This chapter briefly reviews the developments in the EC and then broadly outlines similarities with the WTO.


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