Concorrência e pluralidade de agentes no setor de gássolução de conflitos regulatórios e comerciais

Resumo

As a result of the ongoing opening of the gas sector, higher competition and plurality of agents are expected. Under the assumption that such plurality of agents will potentially result in more regulatory and commercial conflicts due to the diversity of suppliers, consumers and users of infrastructures, the purpose of this work is to discuss how regulatory agencies may act to resolve conflicts. The work follows the method of bibliographical analysis with respect to the matters under study and its main hypothesis is that the involvement of regulatory agencies, more particularly the Brazilian Petroleum, Natural Gas and Biofuels Agency – ANP (Agência Nacional do Petróleo, Gás Natural e Biocombustíveis – ANP), may be more adequate as compared to the courts in the resolution of said conflicts in view of the multiple complexities and interdependencies involving network industries, as it is the case of natural gas. To such effect, some of the requirements for their legitimacy to be acknowledged by regulated agents are discussed. Even in cases in which court litigation occurs as a result of the lack of contentment by the agents with the administrative decision, another hypothesis is explored: that the previous involvement of the regulator agency may also be adequate, either to reduce asymmetry of information among agents, regulatory agencies and the courts themselves and promoting more deference to the solution found by the regulator, or to allow a reduction of the matters under dispute between the parties after regulatory conciliation, mediation or arbitration procedures. The conclusion is that the exercise of such role by the agencies could offer advantages for regulatory purposes and would be aligned with the institutional capacity assigned to them by law, and that an effective role in this regard depends on the recognition by agents of its legitimacy and capacity to act impartially, independently from a technical standpoint and with due regard to the requirements applicable to adequate dispute resolution mechanisms

Ficha do documento

Tipo

Dissertação

Ano

2023

Instituição

Fundação Getulio Vargas

Fonte

Repositório da FGV

Idioma

Português

Acesso

Acesso aberto

Identificador

oai:repositorio.fgv.br:10438/33223

Temas

Desenvolvimento EconômicoAdministração Pública

Palavras-chave

RegulaçãoConflitosDeferênciaConcorrênciaIndústria de redeRegulationConflictsDeferenceCompetitionNetwork industryDireitoAgência Nacional do Petróleo (Brasil)Gás natural - RegulamentaçãoAgências reguladoras de atividades privadas