Electricity

Anticompetitive practices

The Serbian Competition Authority confirms fines against 12 pharmaceutical companies for entering into a restrictive agreement (Hemofarm)
Kinstellar (Belgrade)
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Kinstellar
On 26 January 2012 the Commision for the Protection of Competition of the Republic of Serbia (the "Competition Authority") issued a decision setting the amount of fines for 12 pharmaceutical companies (Hemofarm a.d., Galenika a.d., Zdravlje Leskovac a.d., Jugoremedija a.d., Slaviamed d.o.o., (...)

The Spanish Competition Commission fines the main electricity companies and sectoral association for price fixing and barriers to entry (Electricity Cartel)
European Commission
"Spain: The National Competition Commission (CNC) fines the main Electricity Companies and Sectoral Association"* The CNC has on 13 May 2011 fined the main electricity companies in Spain, as well as the sectoral association, for having fixed prices and agreed on commercial terms and colluded (...)

The Spanish CNC fines five main electricity companies in Spain and industry association for anticompetitive practices extending the application of the "Sham litigation" doctrine (E.On España, UNESA)
Garrigues (Brussels)
The Spanish CNC at the avant-garde of competition enforcement?* In a previous post that appeared on Chillin’Competition we referred to the Spanish Competition Authority’s decision sanctioning the main Spanish electricity companies with fines totaling some 61 million euros as a good illustration (...)

A US Federal District court rules that the US DoJ was entitled to seek disgorgement as a remedy for an alleged Sherman Act violation (KeySpan)
Wolters Kluwer (Riverwoods)
Can the Justice Department Seek Disgorgement for a Sherman Act Violation?* The federal district court in New York City ruled last week that the Department of Justice was entitled to seek disgorgement as a remedy for an alleged Sherman Act violation. The court approved a consent decree, which (...)

The Italian Competition Authority accepts commitments and closes investigations into Sicilian power prices (Sicilian power prices)
European Commission
* Article published in ECN Brief 01/2011. The original title of this article appears below the e-Competitions title. Please note that the ECN is not the actual "author" of this case summary, but the mere source. As mentioned by the ECN : "The information provided by the ECN Brief is for (...)

The German Cartel Office accepts commitments from energy suppliers to renounce resale clauses prohibitions (RWE, EWE, RheinEnergie, Wingas, N-Ergie, Stadtwerke Hannover, Erdgas Muenster, Stadtwerke Leipzig, SWM, Entega, Stadtwerke Kiel, Koethen Energie)
European Commission
Germany: Energy Suppliers agree to abandon Resale Prohibitions The Bundeskartellamt has concluded on 7 July 2010 most of its proceedings against gas and electricity suppliers on account of their imposing inadmissible resale bans. Twelve of the major energy suppliers in Germany (RWE, EWE, (...)

The US Court of Appeals for the 9th Circuit holds that it is per se unlawful to fix a uniform price for the products combined in a joint venture (Dagher v. Saudi Refining)
Hughes Hubbard & Reed (Washington)
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US Chamber of Commerce
On January 10, 2006, the Supreme Court will hear Dagher v. Texaco, Inc., an antitrust case that presents the Court an opportunity to clarify issues of substantial importance to the formation and operation of joint ventures. The question presented is whether two joint venture partners, both of (...)

The Council of the EU adopts energy tax directive taking into account State aid policy
European Commission - DG COMP
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European Commission - DG COMP
"State aid: key elements for the agreement in the Council on energy taxation"* In October 2003, after six years of negotiation, the Council adopted the future energy tax directive. A key element for creating unanimity was the manner under which State aid policy has been taken into account in (...)

The European Commission confirms its policy line in respect of horizontal agreements on energy efficiency of domestic appliances (CECD)
European Commission - DG COMP
"Commission confirms its policy line in respect of horizontal agreements on energy efficiency of domestic appliances"* On 14 November 2001, the Competition Directorate-General closed its examination of two agreements concluded under the aegis of and notified by the Conseil Européen de la (...)

The European Commission closes its examination of a horizontal agreement concerning energy efficiency of appliances (European Committee of Manufacturers of Electrical Machines and Power Electronics, CEMEP)
European Commission - DG COMP
"Horizontal agreements on energy efficiency of appliances : a comparison between CECED and CEMEP"* On 15 May 2000, the Competition Directorate-General closed its examination of an agreement concluded under the aegis of the European Committee of Manufacturers of Electrical Machines and Power (...)

Unilateral Practices

The Spanish Competition Authority fines electricity distributors for abusing their dominant positions in the power distribution market by restricting competition in the neighboring market for the provision of electrical installation services (Unión Fenosa and Hidrocantábrico)
Hogan Lovells (Madrid)
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Linklaters (Madrid)
On 20 September 2011, the Council of the Spanish Competition Commission (hereinafter «the Council«, «the SCC«) imposed a combined fine of €2,313,000 on electricity distributors Unión Fenosa Distribución, S.A. («Unión Fenosa«) and Hidrocantábrico Distribución Eléctrica, S.A.U. («Hidrocantábrico«) for (...)

The Bulgarian Competition Authority sanctions an electricity distributor for refusal to supply despite the existing commitments decision in a similar case (E.ON Bulgaria Sales)
University of Technology (Tallinn)
On 22 March 2011 the Bulgarian Competition Authority (CPC) prosecuted the dominant electricity distributor E.ON Bulgaria Sales for the refusal to supply due to the existing debts accumulated by the previous owner of the facility supplied with electric energy. The CPC‘s investigation into the (...)

The Competition Authority of Bosnia & Herzegovina follows EU competition law standards and rejects an anticompetitive agreement complaint in relation to affiliated companies being part of a “single economic entity” (Elektrokontakt, Elektroprivreda, Eldis-tehnika)
University of Technology (Tallinn)
On 25 February 2011 the Competition Authority of Bosnia & Herzegovina (KV) rejected an abuse of dominance complaint lodged by Elektrokontakt SA d.o.o. (Elektrokontakt) against an electricity distributor, public undertaking JP Elektroprivreda BiH d.d. (Elektroprivreda) and its (...)

The Moldovan Competition Authority finds an exploitative abuse of dominant position in the invoicing practices of an electricity distributor (RED Union Fenosa)
University of Technology (Tallinn)
On 22 February 2011 the Moldovan Competition Authority (ANPC) established that I.C.S. RED Union Fenosa S.A. (Union Fenosa) has abused its dominant position on the market for supply and distribution of electricity at regulated tariffs by including an automatic notice of disconnection in its (...)

The Italian Competition Authority accepts and enforces commitments offered by the main energy companies active in the Sicily electricity wholesale market (Enel, Tolling Edipower)
Ferrovie dello Stato (Rome)
Introduction With two resolutions adopted on 22 December 2010, the Italian Competition Authority («ICA») decided to close two parallel investigations opened on January 2010 on the conduct of major electricity producers active in the Sicily macro-area of the electricity wholesale market. ICA (...)

The Swedish Competition Authority follows up previous commitments and decides not to take further action against French global specialist in energy management (Schneider)
European Commission
* Article published in ECN Brief 01/2011. The original title of this article appears below the e-Competitions title. Please note that the ECN is not the actual "author" of this case summary, but the mere source. As mentioned by the ECN : "The information provided by the ECN Brief is for (...)

The Macedonian Supreme Court upholds the NCA’s decision finding an abuse of dominance on the electricity distribution market (Elektrostopanstvo)
University of Technology (Tallinn)
On 6 September 2010 the Macedonian Supreme Court upheld the infringement decision of the Macedonian Competition Authority (KZK) issued against the electricity company EVN Macedonia (EVN) for committing an abuse of dominant position on the market for electricity distribution. The case dates (...)

The Bulgarian Competition Authority fines an electricity supplier for exploitative abuse of dominant position (EVN Bulgaria Elektrorazpredelenie)
University of Technology (Tallinn)
On 3 June 2010 the Bulgarian Competition Authority (CPC) established that electricity supplier EVN Bulgaria Elektrorazpredelenie AD (EVN) committed an infringement of the national equivalent of Article 102(2)(d) TFEU. The CPC’s investigation was prompted by the complaint lodged by Yana AD (...)

The Bulgarian Supreme Administrative Court partially upholds the decision of the Bulgarian Competition Authority finding an abuse of dominance on the market for electricity distribution and accessory services (CEZ Distribution Bulgaria)
University of Technology (Tallinn)
On 10 May 2010 the five-member panel of the Bulgarian Supreme Administrative Court (SAC) pronounced its final word in abuse of dominance case brought by the Bulgarian Competition Authority (CPC) against the electricity distributor CEZ Distribution Bulgaria. The proceedings were prompted by the (...)

The European Commission accepts commitments offered by Swedish incumbent electricity operator in the electricity transmission market (Svenska Kraftnät)
European Commission - DG COMP
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E.CA Economics (Berlin)
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Agency for the Cooperation of Energy Regulators (ACER) (Slovenia)
"Swedish Interconnector case /Improving electricity cross-border trade"* I. Introduction The size of the transmission network is a key determinant of competition in wholesale electricity markets. The larger this network, the more suppliers inject their electricity and hence compete for (...)

The Bulgarian Competition Authority accepts the commitments offered by the electricity provider in order to prevent abusive practices on the market for electricity distribution (E.ON Bulgaria Sales)
University of Technology (Tallinn)
On 25 March 2010 the Bulgarian Competition Authority (CPC) accepted the commitments offered by E.ON Bulgaria Sales in order to prevent potential abuses of dominant position on the market for electricity distribution. The CPC’s investigation into the existence of unilateral practices on the (...)

The European Commission makes legally binding commitments proposed by French incumbent electricity operator in long term contracts case (EDF)
European Commission - DG HOME
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European Commission - DG ENER
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European Commission - DG COMP
"The EDF long term contracts case: addressing foreclosure for the long term benefit of industrial customers"* I. Introduction On 17 March 2010, the Commission adopted a decision making legally binding the commitments offered by EDF (the incumbent operator) on the French market for the supply (...)

The Bulgarian Competition Authority defines the termination of electricity supply due to the debts accumulated by the previous owner as an abuse of dominant position (EVN Bulgaria Elektrosnabdiavane)
University of Technology (Tallinn)
On 18 February 2010 the Bulgarian Competition Authority (CPC) held that electricity supplier EVN Bulgaria Elektrosnabdiavane (ES) has committed an abuse of dominant position by terminating the supply of electricity due to the debts accumulated by the previous owner of the facility in the town (...)

The Bulgarian competition authority considers behavioural commitments in cases of refusal to supply (E.On Bulgaria, EVN Bulgaria)
Kinstellar (Sofia)
The Bulgarian Commission for Protection of Competition (the “CPC”) considered behavioural commitments in two cases of dominant undertakings’ refusal to supply for a first time in its practice. In both cases, the proposed commitments essentially boiled down to the adoption of internal instructions (...)

The Swedish Market Court upholds the Competition Authority’s interim order imposing an obligation on an electrical company to provide a potential customer access to its electricity mains (Ekfors)
Vinge (Stockholm)
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Vinge (Stockholm)
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Vinge (Stockholm)
Background On February 26, 2010, the Market Court delivered one of its judgments in the long running conflict between the municipality of Haparanda (Haparanda) and the energy company Ekfors Kraft AB (Ekfors). The dispute between the parties mainly concern allegations of abuse of a dominant (...)

The Italian Competition Authority accepts commitments proposed by the historical electric operator and its subsidiaries to put an end to an abuse of dominant position (ENEL)
European Commission
Italy: The Antitrust Authority accepts Binding Commitments by Enel, Enel Distribuzione and Enel Servizio Elettrico On 10 December 2009, the Italian Competition Authority (ICA) accepted binding commitments by ENEL SpA (a holding of the Enel group), ENEL Distribuzione SpA (which manages (...)

The Macedonian Administrative Court upholds the NCA’s decision establishing abusive charges on the electricity distribution market (Elektrostopanstvo)
University of Technology (Tallinn)
On 10 December 2009 the Macedonian Administrative Court has put a full stop in a lengthy litigation process between the Macedonian Competition Authority (KZK) and incumbent electricity provider Elektrostopanstvo, which according to the KZK has abused its dominant position on the market for (...)

The Spanish Competition Authority fines electricity distributors € 35,8 million for abusing their dominant position on the power commercialisation market (Centrica / Electra de Viesgo / Endesa / Union Fenosa)
Hogan Lovells (Madrid)
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Allianz (Brussels)
On 2 April 2009, the Council of the Spanish Competition Authority (Consejo de la Comisión Nacional de la Competencia, hereinafter the “Council of the CNC”) imposed fines of a total amount of EUR 35 million upon Endesa Distribución , Iberdrola Distribución , Union Fenosa Distribución and Viesgo (...)

The Italian Supreme Court underlines the need for correct market definition in a private enforcement case concerning an alleged abuse of dominant position (Cetel / Enel)
European Court of Justice (Luxembourg)
Introduction In one of the few cases involving antitrust litigation it dealt with so far, the Corte Suprema di Cassazione (Supreme Court of Cassation, Italy’s highest civil court, the “Court”), on 13 February 2009, handed down an important judgement in which it underlined the need for accurate (...)

The European Commission approves structural remedies offered by German electricity operator in order to remove suspected infringements of EU Article 102 concerns in the German electricity wholesale and balancing markets (E.ON)
DG REGIO Regional and urban policy
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European Commission - DG COMP
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Agency for the Cooperation of Energy Regulators (ACER) (Slovenia)
"The E.ON electricity cases: an antitrust decision with structural remedies"* I. Introduction On 26 November 2008 the Commission adopted a commitment decision addressed to E.ON AG for suspected infringements of EU competition law involving the German electricity markets. For the first time in (...)

A Hungarian Court of appeal upholds the NCA’s decision having established an abuse of dominant position by the monopolist electricity provider on sub-markets of the electricity supply sector (DÉMÁSZ)
Hogan Lovells
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With its final judgment of second instance on 17 September 2008, the Metropolitan Court of Appeal upheld the judgment of first instance and therefore the decision of the Hungarian Competition Authority in the lawsuit brought by Dél-magyarországi Áramszolgáltató Zrt. (DÉMÁSZ) as Plaintiff against the (...)

The Hungarian Competition Office refuses to use public resources for investigating an allegation of excessive pricing in the electricity sector (Budapesti Elektromos Mûvek Nyrt)
Morley Allen & Overy Iroda (Budapest)
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MVM OVIT (Budapest)
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General Electric
Background In its decision of 10 March 2008 (HCO Decision), the Competition Council of the Hungarian Competition Office (HCO) terminated the proceedings against Budapesti Elektromos Mûvek Nyrt (Elmû). Elmû is the electricity distribution system operator company in the metropolitan area of (...)

The European Commission finds that Greece has infringed art. 86(1) in conjunction with art. 82 of the EC Treaty by maintaining the preferential access to lignite in favour of the incumbent Greek electricity provider (PPC)
European Commission - DG COMP
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Chrysses Demetriades & Co. LLC (Limassol)
"The importance of access to fuels for competition in the electricity sector: the case of lignite in Greece"* On 5 March 2008 the Commission adopted a Decision finding that the Hellenic Republic had infringed Article 86(1) in conjunction with Article 82 of the EC Treaty by maintaining the (...)

The Danish Competition Appeals Tribunal partly confirms and partly annuls a decision of the NCA’s on excessive pricing in the wholesale market for physical electricity in Western Denmark (Elsam III)
Kromann Reumert (Copenhagen)
On 3 March 2008, the Danish Competition Appeals Tribunal decided an appeal against an exces-sive pricing decision made by the Danish Competition Council on 20 June 2007. In the original de-cision, the Council had concluded that Danish electricity producer Elsam had abused its dominant position (...)

The Spanish Competition Authority fines electric company for abusing pricing in the electricity technical restrictions market (Iberdrola)
Uría Menéndez
On 14 February 2008, the Spanish competition authority (National Competition Commission, “CNC”) imposed a fine of €15.4 million on the Spanish electric company Iberdrola for abuse of a dominant position in the electricity technical restrictions market. The product market concerned was the market (...)

The Hungarian Competition Office accepts objective justification defence in an abuse of dominance case in the electricity sector (DÉMÁSZ / DHE)
Morley Allen & Overy Iroda (Budapest)
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Dentons (Budapest)
Hungarian national competition authority Gazdasági Versenyhivatal (GVH) initiated proceedings against Dél-magyarországi Áramszolgltató Zrt. (DÉMÁSZ) and its fully-owned subsidiary, Démász Hálózati Elosztó Kft. (DHE). The investigation concerned a suspected abuse of a dominant position whereby DÉMÁSZ and (...)

The Swedish Market Court holds that the electricity network for municipalities street and road lighting is not an essential facility and rejects alleged abusive refusal to supply and price increase (Ekfors)
Swedavia AB
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White & Case (Stockholm)
In 2006, two Swedish municipalities (Haparanda and Övertorneå kommun, hereinafter referred to as the “Municipalities” ) filed a complaint to the Swedish Competition Authority (“SCA”), accusing a number of electricity companies (“Ekforsbolagen”) of abusing their dominant position by refusing to supply (...)

The Swedish Market Court rejects action for alleged abuse of dominant position in the electricity sector (Ekfors)
General Court of the European Union (Luxembourg)
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Kreab
Background The electricity company, Ekfors AB (Ekfors) had provided electricity to two communes in the north of Sweden, Övertornea and Happaranda (the communes) for almost 50 years. In 2002, Ekfors announced that it was planning to raise the price for the provision of electricity for road and (...)

The German Federal Cartel Office declares binding the commitments of RWE to cease the abuse proceedings for factoring CO2 certificates into its electricity tariffs (RWE)
Gleiss Lutz (Munich)
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Milbank, Tweed, Hadley & McCloy (Munich)
On 26 September 2007, the German Federal Cartel Office (FCO) ceased abuse proceedings launched against RWE AG (RWE) in 2005 after it had declared RWE’s commitments to auction off electricity to be binding. The proceedings centred on the question whether RWE had abused its alleged dominant market (...)

The Italian Competition Authority closes investigations on the conclusion of new electricity supply contracts by imposing remedies to the incumbent operator (Enel)
Desogus Law Office (Cagliari)
The factual background On 18 October 2007 the Italian Competition Authority (AGCM) closed investigations on the Enel Distribuzione (ED) policy for the conclusion of new electricity supply contracts after ED committed to conform the above policy to competition rules. The market concerned is (...)

The French Competition Authority imposes an obligation upon the electricity incumbent to offer a wholesale contract to new entrants (Direct Energie/EDF)
Compass Lexecon (Paris)
Background Direct Energie (hereafter ‘DE’) is a new entrant in the French retail electricity market which supplies small professional customers. It purchases energy from EDF through a bilateral wholesale contract concluded in December 2005 (hereafter ‘EDF-DE contract’). DE has seized Conseil de la (...)

The French Competition Council imposes interim measures to the incumbent to safeguard competition on the electricity supply market requesting modification of termination of exclusivity clause (KalibraXE / EDF)
Hewlett Packard (Boulogne-Billancourt)
On 25 April 2007, the French Competition Council ("Conseil de la concurrence") imposed interim measures on Electricité de France ("EDF"), which is historically the national operator, following a referral by KalibraXE. Background KalibraXE was created in August 2005. This new operator does not (...)

The Spanish Competition Authority fines for the third time an electricity utility for excessive high prices (Iberdrola Castellón)
European Court of Justice (Luxembourg)
Spanish Competition Authority (Tribunal de Defensa de la Competencia), 8 March 2007, Iberdrola Castellón, Decision n° 601/05 The time is come for Spanish main utilities to carry out a serious competition law assessment before putting a price to the power they offer within the framework of the (...)

The UK Gas and Electricity Market Authority rejects alleged abusive data withdrawal in the electricity market (EDF Energy)
Quebec Department of Justice
This is a decision of the UK Gas and Electricity Markets Authority (the Authority) rejecting allegations of abuse of dominance following EDF Energy’s (EDF) decision to cease offering data retrieval (DR), data processing (DP) and data aggregation services (DA) (data services) to competitors. The (...)

The UK energy regulator finds no abuse of dominance in the refusal to supply meter data services to competing electricity suppliers (EDF Energy)
Compass Lexecon (London)
The Office of Gas and Electricity Markets (“Ofgem”) the gas and electricity regulator in Great Britain has decided that EDF Energy (“EDFE”) has not infringed Article 82 of the EC Treaty or section 18 (the “Chapter II prohibition”) of the Competition Act 1998 by refusing to supply other suppliers of (...)

The Spanish NCA fines € 2,5 M an electricity producer for abusive prices in the electricity generation schedules adjustment market (Viesgo Generación)
Compass Lexecon (Madrid)
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Compass Lexecon (Brussels)
On December 2006, the Spanish Antitrust Court, TDC, imposed a fine to Enel Viesgo: 2,5 million €. According to the TDC, Enel Viesgo has abused its dominant position in the electricity generation schedules adjustment market by setting excessively high prices (Mercado de restricciones). This (...)

The Spanish Competition Court fines a power generating company for abusing its dominant position by artificially raising the prices of the Spanish electricity pool (Viesgo Generación)
Hogan Lovells (Madrid)
The Spanish National Energy Commission (Comisión Nacional de la Energía, “the CNE”), submitted on 11 July and 11 November 2003 two reports to the Spanish Service for Defence of Competition (“the Service”) regarding about the conclusions of two investigations carried out to determine the reasons (...)

The German Federal Cartel Office regards the inclusion of more than 25% of the market prices of CO2 emission certificates within the electricity prices as an abuse of dominant position pursuant to Art. 82 EC (CO2 National Allocation Plans)
Freshfields Bruckhaus Deringer (Berlin)
Background information on CO2 emission allowances The EU system for CO2 emission allowance trading has been in operation since 2005. Since then, companies active in CO2 emitting industries are obliged to use emission certificates for their production. These certificates are allocated free of (...)

The Spanish Competition Tribunal fines a major electricity distribution company for offering services to clients in a liberalised market on the basis of information obtained from a monopolised market (Endesa/Anisem)
European Court of Justice (Luxembourg)
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Garrigues
Spanish dominant utilities and, more generally, incumbents have reasons to fear the aftermath of a relatively unnoticed decision of 14 December 2006 (Expt. 606/05) of the highest branch of the Spanish National Competition Authority (Tribunal de Defensa de la Competencia, hereinafter “TDC”) in (...)

The German Federal Court of Justice clarifies that access to an essential facility does not require a dominant position in the up- or downstream market in the electricity sector (Arealnetze)
University College London
On June 28, 2005, the German Federal Court of Justice (FCJ) clarified that the so called “essential facility clause” of Sec. 19(4) n° 4 of the German Act against Restraints of Competition (ARC) requires dominance only in the market for the essential facility itself. Contrary to the view of some (...)

The Italian NCA opens proceedings against the incumbent in the electricity sector, for alleged violation of Art. 82 EC in the determination of wholesale prices for electricity (Enel)
London School of Economics
Facts and procedure Enel S.p.A. (hereinafter, ‘Enel’), the Italian incumbent in the electricity sector, is owned at 30% by the State. The undertaking is active in the power generation sector through one of its subsidiaries, Enel Produzione. On 21 February 2005, the Autorità per l’Energia (...)

The Italian Competition Authority fines the incumbent for abusing its dominant position in the electricity markets (Enel Trade-Clienti Idonei)
Desogus Law Office (Cagliari)
1. Introduction The Italian Competition Authority (AGCM) has imposed on Enel a fine of € 2,5 million for applying several exclusive dealing arrangements, which have been held to constitute an abuse of dominant position These arrangements were incorporated by Enel Energia (formerly known as Enel (...)

The German Competition Authority discontinues abuse proceedings against members of a company group in the energy sector after receiving commitment to amend the tender system (Vattenfall Europe Transmission)
German Competition Authority (Bonn)
Abuse proceedings against Bewag, HEW and Veag concerning balancing energy discontinued* The Bundeskartellamt has discontinued its abuse proceedings against Bewag AG, Berlin (Bewag), Hamburgische Electricitäts-Werke AG, Hamburg, (HEW) and Veag AG, Berlin, all belonging to the Vattenfall group. (...)

The Czech High Court upholds that the largest national producer of electricity violates its dominant position by discriminating against one of its long-term brown coal suppliers (ČEZ)
Weinhold Legal
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CMS Cameron McKenna (Prague)
I. Introduction On 23 October 2001, the High Court in Olomouc upheld the decision of the President of the Czech Office for the Protection of Competition (the «Office»), which imposed a fine of CZK 7,500,000 on the company ČEZ, a. s., the largest producer of electricity in the Czech Republic (...)

Mergers

The Danish Competition Authority abolishes commitments, which no longer are necessary for competition in the wholesale market for electricity in Western Denmark (DONG Energy / NESA)
Danish Competition and Consumer Authority (Copenhagen)
The Danish Competition Council Abolishes a Commitment from DONG Energy* On 28 May 2014 the Danish Competition Council abolished a commitment from a merger between Elsam (now DONG Energy) and Nesa in 2004. The commitment obliged DONG Energy to auction 600 MW electricity generation capacity (...)

The Australian Competition and Consumer Commission commences market consultation on commitments in relation to a proposed acquisition of the business and assets of a energy supplier (AGL Energy / Macquarie Generation)
Australian Competition and Consumer Commission
ACCC to consult market on proposed undertaking from AGL* The Australian Competition and Consumer Commission today commenced market consultation on a proposed undertaking offered by AGL Energy Limited (AGL) in relation to its proposed acquisition of the business and assets of Macquarie (...)

The Italian Competition Authority blocks a merger in electricity market of Italy’s smallest region and suggests the region to remove existing regulatory barriers to reconsider its assessment (Compagna Valdostana delle Acque / Deval / Vallenergie)
Ferrovie dello Stato (Rome)
Introduction On the 4th of August 2011 the Italian Competition Authority (hereinafter «ICA«) brought a phase II merger to an unusual conclusion. The proceeding was opened in order to assess competition issues arising from a proposed merger involving electricity operators active in the markets (...)

The Turkish Competition Authority examines the privatisation of three electricity distribution companies (AYEDAS-Akdeniz Elektrik-Toroslar Elektrik)
King’s College (London)
The Turkish Competition Authority (TCA) reviewed the privatisation of three electricity distribution companies (namely, AYEDAS, Akdeniz Elektrik and Toroslar Elektrik) where 100% of the shares in each company were offered in a block sale. Pursuant to the official privatisation schedule, (...)

The French Competition Authority clears a merger in phase I without remedy in the electrical material wholesaling distribution sector (C3F - Sonepar France)
Fieldfisher (London)
On the 29th June 2010 the French Competition Authority (“Autorité de la concurrence”) cleared the acquisition of exclusive control of the undertaking “C3F” by “Sonepar France” without attaching any further commitments. The notified operation, formalised by a protocol signed on the 26th March 2010, (...)

The European Commission approves subject to remedies acquisition in the Belgian electricity market (EDF, Segebel)
European Commission - DG COMP
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CRA International (Brussels)
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European Commission - DG COMP
"EDF/Segebel (SPE) - More power to boost competition in Belgian energy markets"* I. Introduction In September 2009, the Commission received a notification of a proposed concentration whereby Electricité de France («EDF») would acquire from Centrica, a UK energy company, a 100% stake in Segebel (...)

The European Commission conditionally approves a merger between German and Dutch electricity undertakings (RWE / Essent)
European Commission - DG COMP
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European Commission - DG COMP
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Directions régionales des entreprises, de la concurrence, de la consommation, du travail et de l’emploi (Direccte)
"RWE/Essent: On the Borderline"* I. Introduction On 29 April 2009, the Commission was notified by RWE Aktiengesellschaft (“RWE”) of its intent to acquire sole control of ESSENT N.V. (“Essent”) by way of a private offer. The Commission’s investigation revealed that the proposed transaction would (...)

The European Commission conditionally approves a merger in the electricity retail markets in Germany (Vattenfall, Nuon)
Agency for the Cooperation of Energy Regulators (ACER) (Slovenia)
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Autorità per l’Energia Elettrica e il Gas
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European Commission - DG COMP
"The Vattenfall / Nuon Energy case — Upholding competition on electricity retail markets in Germany"* I. Introduction The Vattenfall/Nuon case concerned the merger between two energy utilities with activities in both electricity and gas markets. However, the only significant overlaps between (...)

The EU Commission imposes a fine of € 20 M on electricity producer and retailer for acquiring control of a French electricity producer, without having received prior approval under the EU Merger Regulation (Electrabel / Compagnie Nationale du Rhône)
"Mergers: main developments between 1 May and 31 August 2009"* The Commission imposed a fine of 20 million euros on Electrabel, an electricity producer and retailer belonging to the Suez Group (now GDF Suez) for acquiring control of Compagnie Nationale du Rhône (CNR), a French electricity (...)

The EU Commission fines Belgian electricity undertaking for infringing the standstill obligation under Merger proceedings (Electrabel / CNR)
New Horizon Partners
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European Commission - DG COMP
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European Commission - DG COMP
"Electrabel/CNR: the importance of the standstill obligation in merger proceedings"* On 26 March 2008, Electrabel SA (“Electrabel”), a Belgian electricity company which is part of the French group, Suez (now GDF Suez), notified to the Commission a concentration consisting in the acquisition of (...)

The EU Commission imposes a twenty million euros fine against Belgian electricity supplier for failure to notify a merger (Electrabel / CNR)
Linklaters (Hong Kong)
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Cadwalader Wickersham & Taft (Brussels)
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Bird & Bird (Brussels)
On 10 June 2009, the European Commission (EC) imposed a fine of € 20 M on Belgian electricity supplier Electrabel for implementing a merger without seeking its prior approval, in breach of the EC Merger Regulation (ECMR). This decision merits attention not only because it is one of only a (...)

The European Commission gives conditional clearance to an acquisition in the electricity sector (EDF / British Energy)
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European Commission - DG COMP
"Mergers: main developments between 1 September and 31 December 2008"* On 22 December conditional clearance was granted to the proposed acquisition of British Energy (BE) by Electricité de France (EdF). The Commission’s decision was conditional upon EdF‘s commitment to divest the power generation (...)

The European Court of Justice rules on the application of Article 21 of the Merger Regulation (E.ON, Endesa)
European Commission - DG COMP
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European Commission - DG COMP
"Application of Article 21 of the Merger Regulation in the E.ON/Endesa case"* On 21 February 2006, the German company E.ON publicly announced its intention to launch a bid for the entire share capital of the Spanish energy company Endesa. This bid was competing with a hostile bid made by Gas (...)

The European Commission conditionally clears an acquisition in the wholesale distribution of electrical products and installation material (Rexel/Hagemeyer)
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European Commission - DG COMP
"Mergers: main developments between 1 January and 30 April 2008"* On 22 February the Commission adopted a conditional clearance decision in relation to Rexel‘s proposed acquisition of the Dutch company Hagemeyer‘s subsidiaries in several EEA countries and in Russia. Hagemeyer and Rexel are (...)

The European Commission initiates infringement proceedings against Spain for not lifting conditions imposed on a transaction approved by the Commission (Enel/Acciona/Endesa)
Van Bael & Bellis (Brussels)
On 31 January 2008, the European Commission announced that it has initiated infringement proceedings under Article 226 EC against Spain for failing to lift restrictions imposed by the Spanish National Energy Commission (CNE) on the Enel/Acciona/Endesatransaction. The acquisition by Enel and (...)

The European Commission declares part of conditions imposed by Spain energy regulator on a proposed acquisition in the energy sector incompatible with EU law and requires their withdrawal (Enel/Acciona/Endesa)
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European Commission - DG COMP
"Mergers: Main developments between 1 September and 31 December 2007"* The acquisition of joint control of Endesa by Enel and Acciona was notified to the Commission on 31 May and cleared on 5 July. Under the relevant national law, Enel and Acciona requested the Spanish energy regulator (...)

The Greek Competition Commission authorizes a horizontal merger between two companies active in the production of electric power (Iberdrola Energias Renovables / H. Rokas)
European Investment Bank
The case concerns the authorization by the Greek Competition Commission (GCC) of a horizontal merger by way of acquisition within the scope of Article 4b of the Law 703/77 with regard to prior notification of concentrations. I. FACTUAL BACKROUND 1. General In December 2004 Iberdrola S.A. (...)

The European Commission conditionally clears a merger in the uninterruptible power supply (UPS) devices (Schneider Electric/APC)
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European Commission - DG COMP
"Merger control: Main developments between 1 January and 30 April 2007"* On 8 February the Commission approved the proposed acquisition of American Power Conversion Corporation (APC) by the French group Schneider Electric. Both parties to the transaction were major suppliers of a broad range (...)

The European Commission conditionally approves a merger in the electrical equipment sector leading to a creation of a dominant position by accepting structural remedies offered by the parties (Schneider/APC)
AdVolis (Brussels)
"Schneider/APC: a textbook first-phase case with creation of dominant position and structural remedies"* On December 12, 2006, the French company Schneider notified its proposed acquisition of the US-based company American Power Conversion (APC) to the Commission. The main overlap in the (...)

The Dutch Trade and Industry Appeals Tribunal confirms the annulation of the Dutch Competition Authority’s merger decision having imposed electricity auction as remedy on the wholesale electricity market (Nuon/Reliant)
Covington & Burling (Brussels)
Introduction In its judgment of 28 November 2006 the Trade and Industry Appeals Tribunal (“Tribunal”) dismissed the appeal lodged by the Dutch Competition Authority (“NMa”) in the Nuon/Reliant merger case. The case started in 2003 following the imposition of structural remedies with a phase II (...)

The European Commission approves the acquisition of sole control of Danish regional electricity incumbents by Danish state-owned gas incumbent (Elsam, E2, DONG)
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European Commission - DG COMP
"Mergers — Main developments between 1 January and 30 April 2006"* On 14 March 2006 the Commission approved the acquisition of sole control of Elsam and Energi E2 (‘E2‘), regional electricity generation incumbents in Denmark, and of Kobenhavns Energi Holding A/S (‘KE‘) and Frederiksberg Elnet A/S (...)

The European Commission conditionally approves the acquisition of two subsidiaries of the incumbent oil and gas Hungarian company by a German energy supplier (MOL / E.ON)
European Commission - DG COMP
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Compass Lexecon (Brussels)
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European Commission - DG COMP
"A combination of gas release programmes and ownership unbundling as remedy to a problematic energy merger: E.ON / MOL"* 1. Introduction Following an in-depth investigation, on 21 December 2005, the Commission approved under the EU Merger Regulation the acquisition of MOL WMT and MOL Storage, (...)

The Administrative Tribunal of Lazio confirms the Italian Competition Authority’s decision to clear a merger in the sector of electricity with structural and behavioural remedies (Trasmissione Elettricità Rete Nazionale-Gestore della Rete di Trasmissione Nazionale)
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Chiomenti (Rome)
The operation The Italian Competition Authority, at its meeting of 4 August 2005, approved with conditions the purchase by Cassa Depositi e Prestiti S.p.A. of 29.99% of T.E.R.N.A.’s shares and a division of Gestore della Rete di Trasmissione Nazionale (the company in charge of the national (...)

The European Commission prohibits a merger between gas and electricity national incumbents (EDP/ENI/GDP)
Service européen pour l’action extérieure (EEAS)
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European Commission - Legal Service
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European Commission - DG COMP
"EDP/ENI/GDP: the Commission prohibits a merger between gas and electricity national incumbents"* On 9 December 2004, the European Commission decided to block the proposed acquisition of Gás de Portugal (GDP), the incumbent gas company in Portugal, by both Energias de Portugal (EDP), the (...)

The European Commission accepts the request of the Belgian Ministry of Economic Affairs to refer the examination of the entire transaction arising from the agreements between two Belgium companies on the supply of electricity and gas to eligible customers in the Brussels region (Sibelga, Electrabel)
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European Commission - DG COMP
"Merger Control: Main developments between 1st September 2003 and 31st December 2003"* On 19 December 2003 the Commission decided to accept the request of the Belgian Ministry of Economic Affairs to refer the examination of the entire transaction arising from the agreements between Sibelga and (...)

The European Commission conditionally approves a linkup between an Austrian power company and five regional power suppliers (Österreichische Elektrizitätswirtschafts/EnergieAllianz)
European Commission - DG COMP
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European Commission - DG COMP
"Merger control: main developments between 1st May and 31st August 2003"* On 11 June the Commission also approved a linkup between the Austrian power company Österreichische Elektrizitätswirtschafts-AG (Verbund) and five Austrian regional power suppliers grouped together as EnergieAllianz, (...)

The European Commission decides to accede to the request of the Belgian Economic Minister to refer a transaction involving an agreement concerning the supply of electricity to eligible customers (Intercommunale d’Electricité du Hainaut (IEH) and Electrabel)
European Commission - DG ECFIN
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European Commission - DG COMP
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European Commission - DG GROW
"Merger Control: Main developments between 1st September 2002 and 31st December 2002"* On 23 December 2002 the Commission decided to accede to the request of the Belgian Economic Minister to refer, pursuant to Art. 9 of the ECMR, a transaction involving an agreement between l’Intercommunale (...)

The European Commission clears, subject to conditions, an agreement giving to three companies joint control over Spain’s fourth largest utility company (EnBW / EDP / Cajastur / Hidrocantabrico)
European Commission - DG ECFIN
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European Commission - DG COMP
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Financial Conduct Authority (FCA)
"Merger Control: Main developments between 1st January 2002 and 30th April 2002"* The Commission cleared, subject to conditions, an agreement giving Energie Baden-Württemberg (EnBW), Electricidade de Portugal S.A. (EDP) and Caja de Ahorros de Asturias (Cajastur) joint control over Spain’s fourth (...)

The European Commission decides on the arrangements for demerging two French electrical equipment manufacturers whose merger was prohibited on the grounds that it created or strengthened dominant positions (Schneider/Legrand)
European Commission - DG ECFIN
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European Commission - DG COMP
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Financial Conduct Authority (FCA)
"Merger Control: Main developments between 1st January 2002 and 30th April 2002"* On 30 January 2002 the Commission decided on the arrangements for demerging Schneider Electric and Legrand, two French electrical equipment manufacturers whose merger was prohibited in 2001 on the grounds that it (...)

The German Competition Authority prohibits acquisition of of a majority stake, since it would have strengthened dominant positions both in the gas and electricity sales markets (E.ON / Gelsenberg)
German Competition Authority (Bonn)
Bundeskartellamt prohibits E.ON/Gelsenberg (Ruhrgas) merger* The Bundeskartellamt has prohibited the acquisition by E.ON AG, Düsseldorf, (E.ON) of a majority stake in Gelsenberg AG, Essen. The merger would have strengthened dominant positions both in the gas and electricity sales markets. The (...)

The European Commission conditionally clears the acquisition of joint control of a German electricity company by French electricity incumbent and an association of nine south-west German districts (EDF/Zweckverband Oberschwäbische Elektrizitätswerke/Energie Baden-Württemberg)
European Commission - DG ECFIN
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European Commission - DG COMP
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Financial Conduct Authority (FCA)
"Merger Control: Main developments between 1st January 2001 and 30th April 2001"* In February, the Commission authorised, subject to conditions, the acquisition of joint control of German electricity company Energie Baden-Württemberg AG (EnBW) by Electricité de France (EdF) and Zweckverband (...)

The European Commission refers to the Italian competition authorities the examination of the impact of a proposed acquisition on the Italian electricity sector (Infostrada/Enel/France Telecom)
European Commission - DG ECFIN
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European Commission - DG COMP
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Financial Conduct Authority (FCA)
"Merger Control: Main developments between 1st January 2001 and 30th April 2001"* The Commission decided to refer to the Italian competition authorities – Autorità Garante della Concorrenza e del Mercato – the examination of the impact of the proposed acquisition of Infostrada by Enel and France (...)

The EU Commission approves a merger between two German companies in the electricity industry (VEBA / VIAG)
Service européen pour l’action extérieure (EEAS)
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Financial Conduct Authority (FCA)
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European Commission - DG COMP
"Merger Control: main developments between 1st May 2000 and 31st August 2000"* The merger between the German groups VEBA and VIAG, together with the merger between RWE and VEW, which was investigated at the same time by the Bundeskartellamt, will change the face of the German power industry, (...)

The European Commission refers two cases of merger in the electricity sector to the German Bundeskartellamt following requests under art. 9 of the EC merger regulation (RWE/Thyssengas and Bayernwerk/Isarwerke)
European Commission - DG GROW
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European Commission - DG COMP
"Mergers - Summary of the most important recent developments"* On 25 November 1996, two cases in the energy sector, RWE/Thyssengas and Bayernwerk/Isarwerke, were referred to the German competition authority, the Bundeskartellamt, following requests under Article 9 of the EC Merger Regulation. (...)

State Aid

The German Government releases a ministerial draft containing grandfathering clauses and providing for a special equalisation scheme for energy intensive companies
Bird & Bird (Dusseldorf)
EEG 2.0: Ministerial Draft on Special Equalisation Scheme for EEG Surcharge Regime for Energy-intensive Companies* A ministerial draft (Referentenentwurf) for the special equalisation scheme for energy intensive companies has been released. The special equalization scheme (besondere (...)

The EU General Court rules on the matter of power purchase agreements entailing effects of foreclosure that limited the scope for eligible customers to switch to the free market (Dunamenti / Tisza)
College of Europe (Bruges)
Article published on Lexxion State Aid Blog Market Operator in Electricity Distribution: Long-term Purchasing Agreements Must Balance Risks and Rewards* Main points A market operator accepts to be bound in long-term contracts, which entail more risk because market conditions may change, (...)

The EU Commission issues guidelines on state aid for environmental protection and energy that have a wider scope and require a more rigorous application of the principles of necessity and proportionality of aid
College of Europe (Bruges)
Article published on Lexxion State Aid Blog The New Guidelines on State Aid for Environmental Protection and Energy, 2014-2020* Main points The new guidelines are wider in scope: They also cover energy infrastructure, energy capacity and reductions from electricity levies. The new guidelines (...)

The European Commission releases its state aid guidelines for assessing public support projects allowing reductions for limited number of energy intensive sectors for the period 2014 to 2020
Bird & Bird (Dusseldorf)
New European Guidelines on State Aid for Environmental Protection and Energy 2014-2020 Allow Burden Reduction for Energy Intensive Sectors* The European Commission has released on 9 April 2014 its state aid guidelines for assessing public support projects in the field of energy and the (...)

The German Federal Office of Economics and Export Control publishes information regarding the reduction of the surcharge promoting renewable energy sources for energy-intensive companies and rail operators
Bird & Bird (Dusseldorf)
BAFA Publishes Figures on Reduction of EEG Surcharge for Energy Intensive Companies* The Federal Office of Economics and Export Control (BAFA) has published information regarding the reduction of the surcharge promoting renewable energy sources in Germany (“EEG-surcharge”) for energy-intensive (...)

The EU Court of Justice interprets the concept of intervention through state resources and finds that the offset of additional costs arising from the obligation to purchase green electricity constituted state intervention (Vent de Colère)
College of Europe (Bruges)
Article published on Lexxion State Aid Blog The Non-Equivalence of the Various Methods of Supporting Green Electricity* Introduction Ever since the judgment of the Court of Justice in 2001 on PreussenElektra [case C-379/98], Member States have been grappling with the question of how to (...)

The EU Court of Justice rules that a mechanism for offsetting in full the additional costs imposed on undertakings because of an obligation to purchase wind-generated electricity at a price higher than the market price is imputable to the state (Association Vent De Colère / Ministre de l’Écologie)
University of Bristol - Law School
CJEU follows AG Jääskinen in revisiting PreussenElektra and minimising Doux Elevages’ requirements for State imputability of aid measures (C-262/12)* In its Judgment of 19 December 2013 in case C-262/12 Vent De Colère and Others, the Court of Justice of the EU has largely followed AG Jääskinen’s (...)

The EU Commission opens an in-depth investigation on the compatibility of the reduction granted to energy-intensive companies on the surcharge promoting renewable sources in Germany (EEG Surcharge)
Bird & Bird (Dusseldorf)
Commission Opens State Aid Investigation into German Renewables Surcharge Reduction for Energy-intensive Companies and Green Electricity Privilege* As previously expected, the European Commission has opened an in-depth investigation to examine whether the reduction granted to energy-intensive (...)

The EU Commission initiates formal investigation of the German exemption from network charges for large electricity consumers
Bird & Bird (Dusseldorf)
Commission Opens In-depth Inquiry into Potential State Aid for Large Electricity Consumers Exempted from Grid Charges in Germany* The Commission opened an in-depth investigation to find out whether exemptions for large electricity consumers from network charges granted in Germany since 2011 (...)

The EU Commission adopts a framework under which Member states may compensate certain electro-intensive users for part of the higher electricity costs expected to result from a tightening of the ETS
Bird & Bird (Dusseldorf)
European Commission: State Aid Rules for ETS Post 2012 Electricity Costs and for CCS Ready Power Plants* The European Commission has adopted a framework under which Member states may compensate certain electro-intensive users for part of the higher electricity costs expected to result from a (...)

The European Commission authorises France to provide a €25.3 M grant for the construction of a heat boiler using a renewable energy source in the Alsace region (Roquette Frères. Electricité de Strasbourg, Caisse des Dépôts et Consignations)
European Commission - DG COMP
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European Commission - DG COMP
State aid: main developments between 1 January and 30 April 2011* On 12 January, the Commission authorised France to provide a €25.3 million grant for the construction of a heat boiler using a renewable energy source (geothermal energy) in Beinheim, the Alsace region. The project also involves (...)

The European Commission approves € 8.5 M of regional investment aid to a Spanish company for the production of solar wafers (Silicio Solar SAU)
European Commission - DG COMP
"State aid: main developments between 1 May and 31 August 2010"* On 20 July 2010, the Commission has also authorised €8.5 million of regional investment aid to the Spanish company Silicio Solar SAU for the production of solar wafers in Puertollano, Ciudad Real (Castilla-La–Mancha). The project (...)

The European Commission authorizes aid that Latvia intends to grant by way of tender for the construction and operation of a 400 MW thermal power plant
European Commission - DG COMP
"State aid: main developments between 1 January and 30 April 2010"* The Commission has authorised aid that Latvia intends to grant by way of tender for the construction and operation of a 400 MW thermal power plant between 2015 and 2025. The aim of the measure is to ensure that future (...)

The European Commission authorizes the Netherlands to provide a grant of € 10 M for a CO2 capture demonstration project (Nuon Energy Sourcing)
European Commission - DG COMP
"State aid: main developments between 1 May and 31 August 2010"* The Commission has authorised The Netherlands to provide a grant of €10 million to Nuon Energy Sourcing NV for a CO2 capture demonstration project. The project concerns the deployment of a CO2 capture demonstration facility at (...)

The European Commission authorizes an aid scheme to compensate power generators for certain costs resulting from the termination of long-term power purchase agreements (PPAs) in Hungary
European Commission - DG COMP
"State aid: main developments between 1 January and 30 April 2010"* The Commission has authorised an aid scheme to compensate power generators for certain costs resulting from the termination of long-term power purchase agreements (PPAs) in Hungary. The aim of the Hungarian scheme is to (...)

The European Commission authorizes Austria to grant € 16 M towards an energy-saving project for the combined production of electricity and heat (Verbund-Austrian Thermal Power, Verbund group)
European Commission - DG COMP
"State aid: main developments between 1 January and 30 April 2010"* The Commission has authorised Austria to grant €16 million towards an energy-saving project run by Verbund-Austrian Thermal Power GmbH & Co. KG (a subsidiary of the Verbund group) for the combined production of electricity (...)

The European Commission takes a negative decision in a case on State aid concerning preferential electricity tariffs for energy-intensive users (Alcoa)
European Commission - DG COMP
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European Commission - DG COMP
Commission takes negative decision in the Alcoa case I. Introduction Between 2007 and 2009, the Commission had to take decisions in a number of State aid cases concerning preferential electricity tariffs for energy-intensive users. The Alcoacase, decided in November 2009, undoubtedly had the (...)

The European Commission holds that subsidised feed-in tariffs in Austria for producers of green electricity are in line with the requirements of the environmental State Aid guidelines (Aid to energy intensive businesses, Green Electricity Act)
European Commission - DG COMP
"State aid: main developments between 1 May and 31 August 2009"* On 22 July 2009, the Commission authorised subsidised feed-in tariffs in Austria for producers of green electricity (i.e.electricity produced from environmentally-friendly sources). The measures are designed to accelerate and (...)

The Greek Administrative Court of Appeal of Athens annuls a decision of the Regulatory Authority for Energy, finding that the alleged misapplication by the latter of national legislation pertaining to the costs to be incurred in connecting to the electricity transmission system amounted to State aid to the new system user (Public Power Corporation)
International Transport Forum
Parties: Appellant: Public Power Corporation S.A. Defendant: Greece (Minister of Development and Regulatory Authority for Energy) Background information: In 1999 Greece adopted Law 2773/1999 (the so-called Electricity Law), aligning its national legislation with Directive 96/92/EC concerning (...)

The Austrian Administrative Court refuses to open up the circle of State aid recipients to suppress the selective character of the measure and assumes a total blockage effect of the standstill obligation for past periods (Austrian Energy reimbursments)
Max Planck Institute for Innovation and Competition (Munchen)
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PETER THYRI Competition Counseling Research
Factual Background The EAVG (in the applicable version) provided for a reimbursement of taxes levied on the consumption of electricity on two conditions: 1) Eligibility only of undertakings in the goods manufacturing sector; and 2) electricity consumption above a minimum threshold. From 1997 (...)

The European Court of Justice issues a judgment constituting a major step forward for State aid recovery policy (Scott Paper/Kimberly Clar)
European Commission - DG COMP
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European Commission - DG COMP
"ECJ Judgement of 5 October 2006 Commission v. France: A major step forward for the recovery policy"* On 5 October 2006, the Court of Justice issued an important judgement for the State aid recovery policy. The article below summarises the facts that gave rise to the case before the Court and (...)

The European Commission endorsed a feed-in tariff for electricity from renewable sources under the Austrian Green Electricity Act
European Commission - DG COMP
"State aid in feed-in tariffs for green electricity"* Introduction On 7th July 2006 the Commission endorsed a feedin tariff for electricity from renewable sources under the Austrian Green Electricity Act. The case shows how the design of support schemes for green electricity and in particular (...)

The European Commission decides that the forfeiting financing for the construction of the waste-fuelled power station in Germany does not constitute State aid pursuant to Article 87(1) EC (MHKW Rothensee)
European Commission - DG ENER
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Agency for the Cooperation of Energy Regulators (ACER) (Slovenia)
"Forfeiting financing and the construction of the waste-fuelled power station (Müllheizkraftwerk) MHKW Rothensee GmbH"* Overview On 22 March 2006, the Commission decided that the forfeiting financing for the construction of the waste-fuelled power station MHKW Rothensee does not constitute (...)

The European Commission rules that the Dutch energy tax exemption for energy intensive end-users does not constitute a State aid
European Commission - DG COMP
"Energy taxation and state aid The Netherlands: energy tax exemption for energy intensive end-users"* In November 2003, the Dutch authorities notified a fiscal State aid measure called ‘Energy Tax Exemption for Energy Intensive End-users’.The Dutch regulatory energy tax is a tax on natural gas (...)

The European Commission launches formal investigation procedure into restructuring aid in favour of British Electricty supplier (British Energy)
European Commission - DG COMP
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European Commission - DG COMP
"Commission launches formal investigation procedure into restructuring aid in favour of British Energy plc"* British Energy plc (BE) is one of the most important suppliers of electricity in the UK. It supplies about 20% of the electricity consumed in Great Britain, and accounts for 14% of the (...)

The European Commission raises no objections to German feed-in laws for electricity from renewable energy sources and combined heat and power
European Commission - DG COMP
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Agency for the Cooperation of Energy Regulators (ACER) (Slovenia)
"Commission raises no objections to German feed-in laws for electricity from renewable energy sources and combined heat and power"* On 22 May 2002 the Commission decided that the German laws on the promotion of electricity from renewable energy sources and from combined heat and power (CHP) do (...)

The European Commission approves a support granted by the Irish government to national electricity company in compensation for an obligation to generate electricity out of peat (Electricity Supply Board)
European Commission - DG COMP
"Ireland – Commission approves a support granted by the Irish government to the Electricity Supply Board in compensation for an obligation to generate electricity out of peat"* The European Commission decided on 30 October to approve support granted by the Irish government to the Electricity (...)

The European Commission approves the extension of an aid scheme comprising measures notified by the Danish authorities in favor of companies with high energy consumption, and a high CO2 and energy tax burden
European Commission - DG COMP
"Denmark – Commission approves grants to large energy consumers"* On 6 June 2001 the Commission decided not to raise any objections to the extension of a scheme comprising measures in favour of companies with high energy consumption, and therefore a high CO2 and energy tax burden. A brief (...)

The European Commission partially authorizes State aid scheme notified by the UK authorities concerning reduction of CO2 emissions and opens a procedure under art. 88(2) of the EC Treaty (Climate Change Levy)
European Commission - DG COMP
"United Kingdom — Commission takes a decision on the Climate Change Levy (CCL). It authorizes several exemptions but opens the 88 (2) EC procedure on the exemption for dual use fuels"* The European Commission decided on 28 March 2001 not to raise objections to the main elements of the UK’s (...)

The European Commission rules that the enhanced capital allowances scheme notified by the UK authorities does not constitute State aid
European Commission - DG COMP
"United Kingdom — The Enhanced Capital Allowances scheme does not constitute State aid under article 87 (1) CE"* The Commission decided on 13 March 2001 not to raise objections to the UK Enhanced Capital Allowances scheme as the scheme does not constitute State aid under Article 87(1) EC. (...)

Procedures

The European General Court upholds the European Commission’s 38 M € fine on energy operator for the breach of a seal during an inspection (E.ON)
European Commission
* Article published in ECN Brief 01/2011. The original title of this article appears below the e-Competitions title. Please note that the ECN is not the actual "author" of this case summary, but the mere source. As mentioned by the ECN : "The information provided by the ECN Brief is for (...)

The English Court of Appeal’s reminds of how novel points in a case should impact on the penalty imposed (National Grid)
Linklaters (Hong Kong)
Businesses and their advisors are often confronted by situations where the law in relation to their behaviour is either unclear or uncertain. This raises an underlying concern that if their conduct is later deemed illegal, what impact should the uncertainty have on the illegality and/or any (...)

The Swedish Competition Authority uses for the first time the "fine order" procedure as parties accepted not to refute the existence of a cartel in the energy sector (Rundvirke Poles)
Bird & Bird (Stockholm)
The Swedish Competition Authority (“SCA”) fined the undertaking Rundvirke Poles AB (“Rundvirke”) in the amount of SEK 2 million (approximately EUR 208.360) for illicit cartel behaviour on the market for power-line poles. While the level of the fine or the decision itself does not carry any (...)

The European Commission imposes a € 38 M fine on electricity operator for breaking the Commission seals during an investigation (E.ON)
European Commission - DG ENER
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European Commission - DG COMP
"The E.ON seals case - €38 million fine for tampering with Commission seals"* In January 2008, the Commission — making use of its new powers under Article 23(1) of Council Regulation (EC) No 1/2003 for the first time — imposed a fine of EUR 38 million on the German energy company, E.ON Energie AG (...)

A German Higher Regional Court confirms that the defendant is obliged to surrender at the request of the competition authorities documents relating to the calculation of fees for network use (Energie Sachsen Brandenburg)
German Competition Authority (Bonn)
Higher Regional Court confirms right of competition authorities to apply cost control in abuse proceedings in electricity sector* In a preliminary decision the Düsseldorf Higher Regional Court (OLG) has confirmed that the RWE regional energy supplier envia Energie Sachsen Brandenburg AG (envia) (...)

Regulatory

The German Federal Constitutional Court declares the inadmissibility of a complaint challenging a provision of the Energy Act which obliges operators of private power plants to reduce power input on request of the grid operator in return for a compensation (German Electricity Grid)
Bird & Bird (Dusseldorf)
Constitutional Court Declares Complaint Against Curtailment Provision in Energy Act Inadmissible* In a recent decision the Federal Constitutional Court (BVerfG) declared a constitutional complaint (Verfassungsbeschwerde) inadmissible that challenged a provision in the German Energy Act (EnWG) (...)

The German Federal Minister for Economic Affairs and Energy receives an update of a position paper on the German energy transition towards a mainly renewable energy supply (Energiewende)
Bird & Bird (Dusseldorf)
Initiativkreis Ruhr Committed to Energiewende, But Demands Adjustments* Initiativkreis Ruhr (IR), an association of 66 leading companies in the Ruhr area (Ruhrgebiet) handed over an update of a position paper on the German energy transition towards a mainly renewable energy supply (...)

The New Zealand Commerce Commission issues information disclosure requirements for the owner and operator of the national electricity transmission grid (Transpower)
New Zealand Commerce Commission
Press releases published on New Zealand Commerce Commission New information disclosure requirements for Transpower* The Commerce Commission has today issued information disclosure requirements for Transpower, the owner and operator of the national electricity transmission grid. Under the new (...)

The New Zealand Commerce Commission invites views on the revision of the input methodologies for the cost of capital that apply to electricity lines services, gas pipeline services and specified airport services
New Zealand Commerce Commission
Press releases published on New Zealand Commerce Commission Commission seeks views on cost of capital input methodologies* The Commerce Commission is now inviting views on whether it should consider reviewing or amending the input methodologies for the cost of capital that apply to (...)

The German Competition Authority announces the operational start of a special unit dedicated to increasing transparency on fuel prices (Market Transparency Unit)
German Competition Authority (Bonn)
Regular operation of Market Transparency Unit for Fuels to start on 1 December 2013* Bonn, 29 November 2013: The regular operation of the Market Transparency Unit for Fuels will start on 1 December 2013. This marks the successful end of the three-month trial period: there is a constant data (...)

The Australian Competition and Consumer Commission and Australian Energy Regulator publish their annual report on competition in the energy sector and consumer choice
Australian Competition and Consumer Commission
ACCC and AER issue joint 2012-13 annual report* The Australian Competition and Consumer Commission and Australian Energy Regulator have published their annual report for 2012-13. ACCC Chairman Rod Sims highlighted the notable achievements, including strong court judgments and penalties for (...)

The Federal Government of Nigeria launches the privatisation of the energy sector issuing the necessary licenses and shareholder certificates for 18 private successor companies (PHCN / NEPA)
EPICLEGAL
The Privatization of the Electricity Sector in Nigeria* The full implementation of the Electric Power Sector Reform has been a key priority for the administration of President Goodluck Jonathan in Nigeria. As noted in the Roadmap for Power Sector Reform, for over two decades, the stalled (...)

The Spanish Competition Authority fines multinational electric utility company more than € 10 M for unfair competition (Iberdrola)
University of Castilla-La-Mancha (UCLM)
The Spanish National Competition Commission has fined Iberdrola, the Spanish multinational electric utility company, 10,685,000 Euros for transferring customers from the distributor of last resort to the deregulated distributor without obtaining the customer’s express consent, as required by the (...)

The UK Energy Regulator publishes proposals and draft impact assessments to enhance competition engagement in the retail energy market
University of East Anglia - CCP (Norwich)
Article published on Centre for Competition Policy blog. Should we Regulate the Structure of Consumer Tariffs to Make Competition Work Better? Two Cheers for Ofgem* The UK energy regulator today published its heavily trailed and significant proposals to constrain the regular tariffs which (...)

The German Monopolies Commission presents its third report on the energy markets
Bird & Bird (Dusseldorf)
2011 Monopolies Commission Report on Competition in Gas and Electricity Markets* The Monopolies Commission (Monopolkommission) has presented its third report on the energy markets, entitled “Energy 2011: Development of Competition with Light and Shade” (“Energie 2011: Wettbewerbsentwicklung mit (...)

A Dutch Court of Appeal holds that national legislation on the unbundling of energy network operators infringes the rules on free movement of capital (Delta, Eneco and Essent)
European Commission - DG HR
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European Court of Justice (Luxembourg)
Essent, Delta, and Eneco are three vertically integrated energy companies active in the production, trade and distribution of electricity and gas. They supply end-consumers through their own electricity and gas networks. Each group’s networks are managed by separate network operators, (...)

The UK Energy Regulator minds to impose £2 million revenue penalty on an electric distribution network operator (EDF Energy Networks)
Energy regulator Ofgem is consulting on imposing a £2 million revenue penalty on EDF Energy Networks following an independent audit into the company’s handling of a power cut in the Dartford area of London last year. The incident affected 94,000 customers, many for more than 24 hours. Background (...)

The UK Office of Gas and Electricity Markets responds to the Government’s Renewable Energy Strategy consultation on measures to deliver 15% renewable energy by 2020
Background Tackling the effects of climate change is one of the most significant global challenges the UK currently face. The energy sector is responsible for around 44% of greenhouse gas emissions in the UK, and therefore has a considerable role to play in meeting this challenge. The (...)

The UK Office of Gas and Electricity Markets reviews the use of biodiesel for generating electricity under the renewables obligations (Biodiesel, glycerol and the Renewables Obligation)
Summary The UK Government’s aim is that renewable energy will make an increasing contribution to energy supplies in the UK, with renewable energy playing a key role in the wider climate change programme. Background The Renewables Obligation (“RO”) is concerned with the generation of electricity (...)

The US Federal Energy Regulatory Commission supplements existing cross-subsidization restrictions and sets pricing standards for certain affiliate transactions
George Washington University - School of Law
On February 21, 2008, FERC issued a Final Rule through Order No. 707 in which it supplements existing affiliate transaction rules and codifies restrictions on and pricing of affiliate transactions between franchised public utilities that have captive customers or own or provide transmission (...)

The German Federal Network Agency imposes uniform process for switching gas and electricity suppliers to facilitate effective competition in the energy market
Novartis (Basel)
Introduction In June 2005, the European Commission launched an inquiry into competition in gas and electricity markets. This enquiry responded to concerns voiced by consumers and new entrants in the sector about the development of wholesale gas and electricity markets and limited choice for (...)

The UK Gas and Electricity Markets Authority closes a case on non-compliance with electricity distribution licences (EDF Energy Networks)
Background In the e-Competitions November 2006-I Bulletin, we provided a case note on Ofgem’s decision to accept SP Manweb’s commitments to put in place procedures when subcontracting the non-contestable design to Core pursuant to section 31A(2) of the Competition Act 1998. The commitments (...)

The French Competition Authority imposes price regulation on the electricity market through interim measures (Direct Energie/EDF)
Fréget - Tasso de Panafieu Avocats (Paris)
,
Novartis (Basel)
On 28 June 2007, the Competition Council ordered interim measures against Electricité de France ("EDF"), imposing it to market base-load electricity to alternative suppliers at a price enabling them to effectively compete with the incumbent operator’s retail sales on the free market (i.e.: (...)

The Dutch Competition Authority publishes the preliminary results of its investigation into the profits of the electricity and gas network companies in the Netherlands (Delta, Eneco, Essent, Nuon)
Allen & Overy (Amsterdam)
Dutch Energy Regulator (Directie Toezicht energie, 13 February 2007, Press Release, Preliminary findings of investigation into profits of energy companies The Dutch Energy Regulator (Directie Toezicht energie: DTe), a department of the Dutch Competition Authority (Nederlandse (...)

The European Commission publishes results of its sector inquiry into gas and electricity addressing the issue of effective unbundling of energy transmission networks
FTI Consulting (Brussels)
,
European Commission - DG COMP
,
European Commission - DG SANCO
"Effective unbundling of energy transmission networks: lessons from the Energy Sector Inquiry"* I. Introduction During the late 1990s, the European Union decided to fundamentally change the basis for the provision of electricity and gas from a monopolistic to a competitive market framework. (...)

The French Constitutional Council rules on electricity and gas tariffs (GDF privatization)
Fréget - Tasso de Panafieu Avocats (Paris)
,
French Competition Authority (Paris)
,
International Chamber of Commerce (ICC)
French Constitutional Court (Conseil Constitutionnel), 30 November 2006, Decision n° 2006-543 DC, Law regarding energy sector (“Loi relative au secteur de l’énergie”) http://www.conseil-constitutionnel.fr/decision/2006/2006543/index.htm Law n° 2006-1537 of 7 December 2006, regarding energy sector, (...)

The Court of Appeal Düsseldorf upholds the decision of the Energy Regulator to reduce the access charges for electricity transmission networks on the basis of the new regime of price regulation (Vattenfall)
Hengeler Mueller (Dusseldorf)
I. Background and decision of the Federal Network Agency (FNA - Bundesnetzagentur) The enactment of the second EC E-Directive and EC G-Directive in 2003 had a special impact on the legal framework of the German energy sector and led to the introduction of the New German Energy Industry Act (...)

The European Commission issues its preliminary results of its sector inquiry into the energy sector
European Commission - DG COMP
,
Monitor
"European Energy Sector — Quo Vadis? First results of the Sector Inquiry"* The energy sector is of fundamental importance to the European economy, and to the well-being of citizens of the European Union. Debate about the future direction of European energy policy has been vigorous for most of (...)

The German Federal Court of Justice asks lower Court to verify computation of electricity network access price in retrial (Strom II plus)
CRA International (London)
Federal Court Decision Until 2005, Germany’s electricity sector was privatised but unregulated. Instead, electricity companies with networks agreed voluntarily to set access prices on the basis of a voluntary framework agreement called “Strom II plus” (“Power II plus"). The plaintiff is an (...)

The Italian Supreme Administrative Court confirms the annulment of the "virtual power plants" regulator’s decision aimed to address the problem of lack of competition in the electricity sector (AEEG/ENEL)
Shearman & Sterling (Rome)
In implementing Directive 2003/54, Italian Law 481/1995 gave AEEG (the independent regulatory authority) the task of regulating and monitoring the gas and energy markets. For this purpose, AEEG can, inter alia, fix maximum tariffs to be applied to the regulated services; define guidelines for (...)

The German Competition Authority intends to prohibit the electricity network operator from charging electricity suppliers excessive metering and billing prices in the small customers sector (RWE Net)
German Competition Authority (Bonn)
Bundeskartellamt issues warning letter regarding excessive electricity metering and billing prices* The Bundeskartellamt intends to prohibit the electricity network operator RWE Net AG, Dortmund, from charging electricity suppliers excessive metering and billing prices in the small customers (...)

The German Competition Authority initiates proceedings against the regional electricity supplier on suspicion of excessive metering and billing prices charged to load profiled customers (Wemag / RWE)
German Competition Authority (Bonn)
Bundeskartellamt puts electricity metering prices to the test - test cases against Wemag and RWE Net* The Bundeskartellamt has initiated proceedings against the regional electricity supplier Wemag AG, Schwerin (Vattenfall group) and RWE Net AG, Dortmund, on suspicion of excessive metering and (...)

The Energy Council of the EU reaches an agreement on several principles of the future liberalization of the electricity market
Garrigues (Brussels)
"Legislative works concerning liberalisation of the electricity sector"* The Energy Council reached an agreement on 29.11.1994 on several principles of the future liberalisation of the electricity market: Electricity generation will be opened to competition, but Member States will be given (...)

Public sector

The German Federal Court of Justice issues decision of principle on the award of concessions for electricity and gas networks
German Competition Authority (Bonn)
Federal Court of Justice issues decision of principle on the award of concessions for electricity and gas networks* Bonn, 18 December 2013: The Bundeskartellamt welcomes the landmark decisions issued yesterday by the Federal Court of Justice on the award of rights of way for electricity and (...)

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