Competition Law Application in Nuclear Energy Sector

The nuclear industry is subject to certain rules specified in the Euratom Treaty; however, these regulations do not cover competition law regulation. We can apply competition law by analogy to remedy the regulatory void in the nuclear sector, provided it does not conflict with any current legislation. However, it is crucial to acknowledge that many regard this technique as fundamentally flawed. The Euratom Treaty’s implementation had two objectives: to establish and promote the nuclear industry, as well as to govern the use of nuclear materials in both military and civilian domains. This involved electricity generation, which required strict control mechanisms and specific methods to promote investment. The Treaty on the Functioning of the European Union (TFEU) regulates public relations exclusively under the Euratom Treaty, but the Euratom retains the authority to act in these matters. The Euratom Treaty regulates the functioning and progress of nuclear energy, ensuring protection against the harmful effects of ionising radiation and the creation and operation of the joint nuclear market. The Euratom Treaty governs the establishment of a consolidated nuclear market, which includes regulations forbidding tariffs on imported goods and fees with comparable consequences.