Divide and rule. The economic and legal implications of the proposed ownership unbundling of distribution and supply companies in the Dutch electricity sector

In Machiavelliʹs theory of power, the concept of ‘divide and rule’ forms the main theme: the ruler has absolute power and to maintain and increase such power all means are justified. When viewed against the background of this theory, the current debate in the Netherlands on the unbundling of energy (electricity, gas) companies can be observed as an example of ‘divide and rule’, in which the Dutch Minister of Economic Affairs plays a central role. Yet, contrary to Machiavelli in his time, the Dutch government does, in fact, aim principally at the greater welfare of the Dutch people. It is therefore noteworthy that, while important steps in the decision to unbundled have been taken, there is no evidence that the Dutch people will indeed benefit from the envisaged unbundling.