This investigation, like any other investigation of the
European Commission, lies on real (and worrisome) antitrust issues. The opening
of this case, like any other investigation, does not mean that Gazprom is
guilty but that its contracts require a closer look. In the same line of
arguments, I would add that Gazprom would be better off if it accepts that DG
Competition does not operate with preconceptions and it provides all the
necessary data to the Commission.
If Gazprom will decide to raise the veil, this strategy will go counter to its
interests in EU as it may be regarded as an admission that something is rotten
in its EU business and may accelerate the development of alternative sources of
supply.
What is very interesting is that, in fact, the European Commission already won this case - just by starting putting
questions about the "king's clothes", how true are these and what impact the behavior of the king has in the European markets.
These contracts exist from such a long time that people take them as granted,
like being part of the business tradition. Their clauses came into discussion rarely and this happened rather accidentally and in moments of crisis
The success of the investigation means that, notwhitstanding its conclusions, at the
outset the life in EU will not be the same for Gazprom.
Update: The European Parliament adopted on 13 September 2012 a new legislation aimed at better coordination of the energy deals with third countries - see more details at http://www.europarl.europa.eu/news/en/pressroom/content/20120907IPR50830/html/Better-coordinated-EU-external-energy-policy
Update: The European Parliament adopted on 13 September 2012 a new legislation aimed at better coordination of the energy deals with third countries - see more details at http://www.europarl.europa.eu/news/en/pressroom/content/20120907IPR50830/html/Better-coordinated-EU-external-energy-policy