Energy & Access to facilities

Anticompetitive practices

The South African Competition Commission issues the terms of reference for the liquefied petroleum gas sector
Nortons Incorporated
Second market inquiry focuses on energy sector (LPG)* “Highly regulated” liquefied petroleum gas at center of second sectoral Commission inquiry According to the South African Competition Commission, the agency has issued “Terms of Reference for the market inquiry into the Liquefied Petroleum (...)

The Australian Federal Court finds restrictive agreements preventing a competitor from entering the market by obtaining direct access to a source of flyash (Cement Australia)
Australian Competition and Consumer Commission
Federal Court declares anticompetitive conduct by Cement Australia* The Federal Court in Brisbane has made declarations in the ACCC v Cement Australia Pty Ltd & Ors matter, finding numerous contraventions of section 45 of the then Trade Practices Act 1974, now the Competition and Consumer (...)

The German Mediation Committee of the Bundestag and the Bundesrat reaches compromise on the long-awaited 8th reform of the German act against restraints of competition
Bird & Bird (Dusseldorf)
Reform of the Act against Restraints of Competition (GWB): Federal Cartel Office to Loose Price Control of Public Law Utility Fees* The Mediation Committee of the Bundestag and the Bundesrat today reached a compromise on the long-awaited 8th reform of the German Act against Restraints of (...)

The UK High Court strikes out various competition law claims brought in relation to a landlord’s opposition to the granting of a new business tenancy under the Landlord and Tenant Act 1954 (Humber Oil Terminals Trustee/ Associated British Ports)
Francis Taylor Building
I. Overview In February 2011, the Chancery Division of the UK High Court (the «Court») struck out various competition law related claims put forward by Humber Oil Terminal Trustee Limited («HOTT», the claimant) to resist Associated British Ports’ («ABP», the defendant) attempts to end HOTT‘s business (...)

The UK High Court strikes out various competition law claims brought in relation to a landlord’s opposition to the granting of a new business tenancy under the Landlord and Tenant Act 1954 (Humber Oil Terminals Trustee/ Associated British Ports)
Francis Taylor Building
I. Overview In February 2011, the Chancery Division of the UK High Court (the «Court») struck out various competition law related claims put forward by Humber Oil Terminal Trustee Limited («HOTT», the claimant) to resist Associated British Ports’ («ABP», the defendant) attempts to end HOTT‘s business (...)

The UK High Court strikes out various competition law claims brought in relation to a landlord’s opposition to the granting of a new business tenancy under the Landlord and Tenant Act 1954 (Humber Oil Terminals Trustee/Associated British Ports)
Francis Taylor Building
I. Overview In February 2011, the Chancery Division of the UK High Court (the «Court») struck out various competition law related claims put forward by Humber Oil Terminal Trustee Limited («HOTT», the claimant) to resist Associated British Ports’ («ABP», the defendant) attempts to end HOTT‘s business (...)

The UK High Court strikes out various competition law claims brought in relation to a landlord’s opposition to the granting of a new business tenancy under the Landlord and Tenant Act 1954 (Humber Oil Terminals Trustee/ Associated British Ports)
Francis Taylor Building
I. Overview In February 2011, the Chancery Division of the UK High Court (the «Court») struck out various competition law related claims put forward by Humber Oil Terminal Trustee Limited («HOTT», the claimant) to resist Associated British Ports’ («ABP», the defendant) attempts to end HOTT‘s business (...)

The UK High Court strikes out various competition law claims brought in relation to a landlord’s opposition to the granting of a new business tenancy under the Landlord and Tenant Act 1954 (Humber Oil Terminals Trustee/ Associated British Ports)
Francis Taylor Building
I. Overview In February 2011, the Chancery Division of the UK High Court (the «Court») struck out various competition law related claims put forward by Humber Oil Terminal Trustee Limited («HOTT», the claimant) to resist Associated British Ports’ («ABP», the defendant) attempts to end HOTT‘s business (...)

The European Commission initiates proceedings against the French incumbent gaz operator (Gaz de France)
Van Bael & Bellis (Brussels)
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Practising Law Institute
On 22 May 2008, the Commission initiated proceedings against Gaz de France for possible infringement of Articles 81 and 82 EC. According to the Commission’s statement, its investigation concerns the possible foreclosure of downstream supply markets for natural gas in France through long-term (...)

The European Commission announces the closure of their investigation into the supply relationship between Russian gas producer and Italian wholesaler (Gazprom / ENI)
European Commission - DG COMP
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European Commission - DG COMP
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European Commission - DG COMP
"The territorial restrictions case in the gas sector: a state of play"* 1. Introduction On 6 October 2003, the Commission services announced the closure of their investigation into the supply relationship between Russian gas producer Gazprom and Italian wholesaler ENI. Just as other cases (...)

The European Commission settles its investigation into territorial sales restrictions with Nigerian gas company (NLNG)
European Commission - DG COMP
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European Commission - DG COMP
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European Commission - DG COMP
"The territorial restrictions case in the gas sector: a state of play"* 1. Introduction On 6 October 2003, the Commission services announced the closure of their investigation into the supply relationship between Russian gas producer Gazprom and Italian wholesaler ENI. Just as other cases (...)

Dominance

The French Competition Authority fines an energy company for abuse of dominance on the retail gas supply market (ENGIE)
Van Bael & Bellis (Brussels)
On 22 March 2017, the French Competition Authority (“FCA”) fined ENGIE (formerly known as GDF-Suez) € 100 million for abusing its dominant position on the retail gas supply market by using the customer database and business infrastructure it inherited from its former monopoly status in order to (...)

The Bulgarian Commission for Protection of Competition fines three power distribution companies for abusing their dominant market positions by imposing excessive prices to cable operators (CEZ, EVN and Energo-pro)
Johnson & Johnson (Sofia)
On May 27, 2015 the Bulgarian Commission for Protection of Competition adopted three separate decisions imposing sanctions on each of the three power distribution companies, and namely CEZ Distribution Bulgaria AD , EVN Bulgaria Electrical Distribution AD and ENERGO-PRO Grids AD for abusing (...)

The Israeli Restrictive Trade Practices General Director declares certain entities "monopolies" in the supply of non-liquefied natural gas (Noble Energy Mediterranean, Delek Drilling and Avner Oil & Gas Exploration)
Eshel, Ashlagi, Rozent Law Offices (Tel Aviv)
Introduction On November 13, 2012, the Restrictive Trade Practices General Director (the “General Director”) declared a few entities engaged in the exploration, production and sale of natural gas - Noble Energy Mediterranean, Delek Drilling and Avner Oil & Gas Exploration (both of the Delek (...)

The EU General Court annuls the Commission decision for failing to substantiate the existence of an abuse of dominance on the market for cheap electricity (DEI)
University of Groningen
A Burning Desire to Clarify(?) the Law for Public Undertakings: The Judgment in Greek Lignite (Case T-169/08)* The General Court has finally handed down the judgment in the Greek Lignite (brown coal) case. This is a long-running case resulting from a complaint (dating from 2003) concerning the (...)

The Supreme Administrative Court of Lithuania brings clearance on assessing excessive pricing under 102 Art. TFEU (Vilniaus energija)
Klavins Ellex
Vilniaus energija case is an important national precedent for at least two reasons. First, it explains in which situations prices set by a dominant undertaking may be regarded as unfair (excessive). In that context the Lithuanian courts confirmed that economic analysis is needed in order to (...)

The European Commission initiates proceedings against a gas supplier and its subsidiaries for alleged abuse of dominance in the Bulgarian natural gas markets (Bulgarian Energy Holding)
Van Bael & Bellis (Brussels)
In a press release of 5 July 2012, the Commission announced that it opened proceedings against Bulgarian Energy Holding (“BEH”), its gas supply subsidiary Bulgargaz, and its gas infrastructure subsidiary Bulgartransgaz. The Commission stated that it has concerns that BEH and its (...)

The German Competition Authority deems the tendering process for the gas concession illegal and closes proceedings in view of the commitment to restart the tendering process (Markkleeberg)
Bird & Bird (Dusseldorf)
German Cartel Office Decision on Tendering Process for Gas Concession in Markkleeberg* After proceedings by the German Cartel Office that considered the tendering process for the gas concession in Markkleeberg near Leipzig in Saxony unlawful, a new tendering process will take place. The town (...)

A Slovak Regional Court confirms the NCA decision holding as abusive a request of the gas transmission network operator to obtain ownership of the interconnection system build by a gas distribution company (Eustream)
Agency for the Cooperation of Energy Regulators (ACER) (Slovenia)
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Valko Marián & partners
The rationale and argumentats adopted by the Slovak Antimonopoly Office (the "SVK AMO") in a case attracting attention of Slovak competition lawyers that concerned a dominant position has been recently upheld by a judgment. Factual background On 30 June 2010 the Regional Court in Bratislava (...)

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 Spanish Supreme Court holds that the national High Court erred in law as regard the concept of dominance (Enagás, Gas Natural Comercializadora)
European Commission - DG COMP
On November 22, 2002, the National Energy Agency (Comisión Nacional de la Energía) sent a letter of complaint to the Service of Competition Defense (Servicio de Defensa de la Competencia) related to the contract signed on July 27, 2001 between Enagás, SA and Gas Natural Comercializadora, at that (...)

The Lithuanian Supreme Administrative Court upholds Competition Authority’s decision on abuse of dominance by an airport operator (Vilnius International Airport - Naftelf)
European Commission
Lithuania: The Supreme Administrative Court upholds Authority’s Decision on Abuse of Dominance by Vilnius International Airport On 15 March 2010, the Lithuanian Supreme Administrative Court upheld a decision of the Competition Council of 6 November 2008 finding an infringement of Article 9 of (...)

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 EU Commission announces a market test on commitments offered by an energy company (ENI)
Van Bael & Bellis (Brussels)
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Practising Law Institute
On 4 February 2010, the Commission announced that the Italian energy company ENI had proposed structural remedies to address the Commission’s concerns that the management and operation of natural gas transmission pipelines by ENI could infringe Article 102 TFEU, and stated its intention to (...)

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 European Commission renders legally binding commitments offered by French and German incumbent gas operators concerning long-term capacity bookings (GDF, E.ON)
European Commission - DG COMP
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European Commission - DG ENER
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European Commission - DG COMP
The Commission’s GDF and E.ON Gas decisions concerning long-term capacity bookings - Use of own infrastructure as possible abuse under Article 102 TFEU* I. Introduction The Commission’s commitment decisions of December 2009 and May 2010 in the GDFand E.ON Gas cases dealt with foreclosure (...)

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 Spanish Competition Authority fines the leading gas supplier for an abuse of dominant position (Gas Natural 2)
European Court of Justice (Luxembourg)
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Garrigues
The higher branch of the Spanish Competition Authority (Consejo de la Comisión Nacional de la Competencia or CNC) imposed on March 26 2009 a fine of €492,000 to the leading Spanish gas supplier, Gas Natural, for an abuse of its dominant position within the meaning of Article 6 of the 1989 Spanish (...)

The European Commission adopts a commitment decision concerning a possible abuse of a dominant position in the German gas transmission markets (RWE)
European Commission - DG ENER
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DG REGIO Regional and urban policy
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European Commission - DG SANCO
"The RWE gas foreclosure case: Another energy network divestiture to address foreclosure concerns"* I. Introduction On 18 March 2009 the Commission adopted a commitment decision against RWE AG for suspected infringement of EU competition law. The commitments were offered by RWE to address the (...)

The EU Commission sends statement of objections to an energy group regarding its management and operation of natural gas transmission pipelines (ENI)
Van Bael & Bellis (Brussels)
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Practising Law Institute
On 6 March 2009, the Commission sent a Statement of Objections to the Italian ENI group, setting out its preliminary view that the management and operation of natural gas pipelines by ENI may constitute one or more abuses. In particular, the Commission alleges that ENI, the largest producer, (...)

The Slovak Competition Authority fines a gas transport network operator for abuse of its dominant position (Eustream)
Van Bael & Bellis (Brussels)
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Practising Law Institute
On 10 October 2008, the Council of the Slovak Antimonopoly Office imposed a fine of 98.9 million SKK (approximately € 3.3 million) on eustream for an abuse of its dominant position. The company is the operator of the only gas transport network in Slovakia and is a member of the SPP group (a (...)

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 Lithuanian Competition Council condemns unfair pricing on telecommunications infrastructures (Vilniaus Energija)
Lithuanian Competition Council
On 13 September 2007 the Lithuanian Competition Council adopted an infringement decision finding UAB Vilniaus Energija (VE) in breach of Article 9 of the Law on Competition (equivalent to Article 82 of the EC Treaty) for imposing unfair prices in a number of local markets for the lease of (...)

The Slovenian Competition Authority fines abusive discrimation in the market for cinema exhibition (Kolosej)
Fatur Law Firm (Ljubljana)
This case started in August 2006, when cinema distributor of films Blitz complained to the Slovenian Competition Authority (“SCA”) about the abusive practices of company Kolosej in the market for cinema exhibition of films in Slovenia. The SCA started the proceeding on the basis of article 10 of (...)

The Luxembourg Competition Council renders its first ever decision and negatively applies the essential facilities doctrine in the sector of distribution of domestic heating fuel while holding that trade between Member States is not affected (Rock Fernand Distributions/Tanklux)
Arendt & Medernach (Luxembourg)
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NautaDutilh (Luxembourg)
On 23 April 2007 the new Luxembourg national competition authority that has been created in 2004, the Competition Council (“Conseil de la concurrence”), has handed down its first decision on the merits of a competition case brought before it. The Competition Council has chosen to be very didactic (...)

The Spanish Audiencia Nacional revokes the Competition Authority’s decision on an abuse of dominance due to the absence of anticompetitive effects on the market regarding access to liquid natural gas importing infrastructures (Gas natural)
Compass Lexecon (Madrid)
The Antitrust Court Decision In June 2006 the Tribunal de Defensa de la Competencia, the former antitrust court in Spain, hereafter TDC, imposed an 8 million euro fine to Gas Natural, the main natural gas operator in Spain, on the basis of an abuse of dominant position regarding access to (...)

The Spanish Audiencia Nacional annuls the Competition Authority’s decision fining a natural gas supplier on the basis of Art. 82 EC for impeding third parties access to regasification capacities (Gas Natural)
Introduction On June 2006, the Tribunal de Defensa de la Competencia - TDC - (the second-tier competition authority) imposed a hefty fine of 8 million euro for an abuse of a dominant position to one of the leading companies within the gas industry in Spain, Gas Natural. Gas Natural further (...)

The Italian Competition Authority closes proceedings against the gas incumbent for alleged breach of Art. 82 EC by accepting commitments in the sector of regasification facilities without imposing sanctions (ENI)
National University of Singapore
On 9 March 2007, the “Autorità Garante della Concorrenza e del Mercato” (hereinafter, also “AGCM”) closed proceedings against ENI, the Italian dominant undertaking in the gas sector, and its subsidiaries without fines and accepted the commitments proposed. In particular, the AGCM had previously (...)

The Turkish Competition Board fines 5 M euro an abuse of dominant position by applying the “essential facility” doctrine in the energy distribution sector (Enerjisa and Toros/CEAS)
Jones Day (Paris)
By a decision held on February 8th, 2007, the Turkish Competition Board confirmed its legal analysis carried out in a previous decision held in 2003, relating to the behaviour of an operator managing an electricity distribution network. Such behaviour was found to constitute an abuse of (...)

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 Italian Competition Authority accepts commitment from the energy incumbent to remedy concerns about its position in gas markets (ENI)
Paul Hastings (Milano)
The energy company ENI, the former legal monopolist in the natural gas market, has been involved in a number of competition cases before the Italian Competition Authority (ICA) in the recent past. The most recent proceedings were closed in March 2007, without the breach having been assessed, (...)

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 Competition Authority finds that the Italian incumbent gas operator has abused its dominant position by impeding entry of new operators in the recently liberalized gas market (ENI)
Desogus Law Office (Cagliari)
Introduction By a decision taken in November 2002 the Italian Competition Authority (ICA) found that the ENI Group, the Italian incumbent gas operator, had abused its domain position in retail and transport gas markets in the 2001-02 thermal year. These abusive conducts were part of a complex (...)

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 German Competition Authority initiates a formal investigation against a member of a Swedish group on suspicion of abuse of dominant position on the market for supply of electricity (Bewag)
German Competition Authority (Bonn)
Abuse proceedings initiated against electricity* The Bundeskartellamt has initiated a formal investigation against Bewag AG, Berlin (Bewag), belonging to the Swedish Vattenfall group, on suspicion of the company abusing its dominant position as an electricity network operator. Bewag is (...)

The German Competition Authority initiates proceedings against 22 electricity network operators on suspicion of excessive pricing for network use and impeding other electricity providers to enter the market
German Competition Authority (Bonn)
Investigation of 22 network operators on account of excessive fees for network use* The Bundeskartellamt has initiated investigatory proceedings against 22 electricity network operators on suspicion of their charging abusively excessive fees for network use and of impeding other electricity (...)

Mergers

The EU Commission clears the merger proposed by a Russian energy supplier targeting a number of companies established in Germany and Netherlands (Gazprom / Wintershall)
Bird & Bird (Dusseldorf)
Commission Clears Acquisition of German and Dutch Gas Supply and Storage Joint Ventures by Gazprom* Applying the EU Merger Regulation, the European Commission has cleared a proposed acquisition of (i) joint control over WINZ and Wintershall Services of the Netherlands and (ii) sole control (...)

The Croatian Competition Authority refuses to revise its two-year old conditional clearance of the merger of two petroleum companies (MOL/INA)
University of Technology (Tallinn)
On 19 July 2011 the Croatian Competition Authority (AZTN) refused to revise its conditional clearance of MOL/INA concentration whereby the Hungarian petroleum company acquired the controlling interest in the Croatia’s national petroleum company. The revision of the initial clearance was (...)

The Austrian Competition Authority conditionally clears joint venture between oil companies (BP, Shell, OMV)
Van Bael & Bellis (Brussels)
According to a recent press release, the Austrian Competition Authority has conditionally cleared a proposed joint venture between oil companies BP, Shell and OMV. The joint venture provides refuelling services at Salzburg airport, but does not itself sell fuel (this is done separately by the (...)

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 Dutch NCA clears a merger in the electricity sector subject to third parties access to infrastructure (Nuon - Reliant Energy Europe)
Netherlands Authority for Consumers & Markets (The Hague)
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Eversheds Sutherland (Amsterdam)
The operation Nuon is an electricity producer and distributor. Reliant is one of the larger electricity producers in the Netherlands. Nuon proposed acquiring the whole of issued capital of Reliant (para. 3). The market(s) The activities of Nuon and Reliant with regard to the production and (...)

The German Federal Cartel Office clears a merger in the energy market with remedies, including the divestiture of gas stations, RMR-pipeline supply contracts and the granting of infrastructure access for aviation fuel delivery at Frankfurt airport (Shell/DEA)
E.CA Economics (Berlin)
The operation On 10 July 2001, Shell Deutschland GmbH (Shell) notified the European Commission of its intention to merge its downstream oil business with DEA Mineralöl AG (DEA) by acquiring 50% of the shares of DEA, as a first step to acquiring a majority stake later on. At the request of the (...)

State Aids

The EU Commission adopts new State aid guidelines now encompassing the application of State aid to energy infrastructure in the European Union
King’s College (London)
New Guidelines for State Aid to Energy Infrastructure – A Helpful Move Toward Europe 2020?* 1 Introduction On April 9, 2014, the European Commission adopted in principle new State aid guidelines, which will now encompass the application of State aid to energy infrastructure within the (...)

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 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 (...)

Procedures

The Romanian Competition Authority releases the results of the sector inquiry on the market for production, transportation, distribution and supply of thermal energy in the municipality of Bucharest
University of Technology (Tallinn)
In August 2011 the Romanian Competition Authority (CC) completed and released for public consultation the results of sector inquiry on the market for production, transportation, distribution and supply of thermal energy in the municipality of Bucharest. The CC‘s report identified technical, (...)

The Bulgarian Competition Authority publishes the results of the sector inquiry on the automobile fuels market
University of Technology (Tallinn)
On 27 July 2011 the Bulgarian Competition Authority (CPC) published the results of its sector inquiry on the market for automobile fuels covering the two most popular types: gasoline 95 and diesel. This sector inquiry launched by the CPC in March 2011 was prompted by the increase in fuel prices (...)

The European Regulators Group for Electricity and Gas and the Council of European Energy Regulators publish a report setting out their 2010 work programme and their assessment of the development of the EU energy markets during 2008
Van Bael & Bellis (Brussels)
On 14 January 2010, the European Regulators Group for Electricity and Gas (ERGEG) and the Council of European Energy Regulators (CEER) published a report setting out their 2010 work programme and their assessment of the development of the EU energy markets during 2008. The report highlights a (...)

The Luxembourg Competition Council applies for the first time the 2009 communication on Art. 82 EC in a case concerning domestic fuel capacities (Tanklux)
Brown Brothers Harriman (BBH) (Luxembourg)
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Arendt & Medernach (Luxembourg)
1. Background of the case In 2007, the Luxembourg Competition Council (“the Council”) received a complaint from a small distributor of domestic fuel (“Rock Fernand distributions”) who wanted to have fuel storage capacity in the river port of Mertert in order to avoid the cost of passing through (...)

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) (...)

Regulations

The German Parliament votes in favour of the new renewable energy sources act, which exempts existing power plants from the surcharge and contains certain exemptions for new power plants
Bird & Bird (Dusseldorf)
EEG 2.0: Bundestag Passes EEG 2014 Reform Bill After Lively Debate* The Bundestag after a lively debate has just voted in favour of the EEG 2014 reform package, in the form as proposed by the Committee for Economic Affairs and Energy and by the Environment, Nature Protection, Construction and (...)

The Netherlands Authority for Consumers & Markets issues an unbundling certificate concerning the operation of electricity cable between Maasvlakte in the Netherlands and the Isle of Grain in the UK
Netherlands Authority for Consumers & Markets (The Hague)
The Netherlands finalises important part of the Third Energy Package* Transmission system operator BritNed Development Ltd. has received an unbundling certificate from the Netherlands Authority for Consumers & Markets (ACM). BritNed has demonstrated to comply with the ‘unbundling (...)

The German Federal Government plans to submit to the Parliament a new bill for a reform of the law applicable on renewable energy sources pointing out that the talks with the Commission concerning state aid-compatibility have not yet been concluded
Bird & Bird (Dusseldorf)
EEG 2.0: Federal Government and Federal States Reach Agreement on Important Issues of EEG Reform* After a meeting with the sixteen state premiers, Chancellor Angela Merkel (CDU) and Economic Affairs and Energy Minister Sigmar Gabriel declared that “a high degree of consensus had been reached” (...)

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 UK Ofgem issue proposals to open up the UK electricity market
Ofgem have issued proposals to open up the electricity market to effective competition, establishing a more level playing field so independent suppliers can compete effectively with the big six suppliers. The Big Six The ‘big six’ energy suppliers in Britain are generally taken to be Britain’s (...)

The German Competition Authority closes its proceedings on adequate network access for a refinery as regards crude oil supplies (Ingolstadt)
German Competition Authority (Bonn)
Bundeskartellamt closes proceedings on adequate network access for Ingolstadt refinery* Today the Bundeskartellamt has closed its proceedings against the group companies of the Transalpine Ölleitung (transalpine oil pipeline, TAL). The Ingolstadt refinery will now be granted access to the TAL (...)

The German Competition Authority works currently on the implementation of the fuel price reporting requirement which is to enable consumers to gain information on current fuel prices at petrol stations (MTS Kraftstoffe)
German Competition Authority (Bonn)
Transparency Unit for Fuels - Registration of companies obliged to report prices* The Bundeskartellamt’s Market Transparency Unit is currently working on the implementation of the fuel price reporting requirement which is to enable consumers to gain information on current fuel prices at petrol (...)

The French Competition Authority issues an opinion regarding a draft decree on regulated gas tariffs
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. Maintaining regulated gas tariffs has an unfavourable influence on the competitive process without making any positive contribution to the competitiveness of French companies or the purchasing power of (...)

The French Competition Authority issues an opinion on the participation of distributed load-shedding operators in the electricity balancing mechanism
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. The Autorité de la concurrence has issued reservations concerning the arrangements proposed by RTE in relation to the participation of certain operators in the electricity Balancing Mechanism* The French (...)

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 (...)

The UK Energy Regulator closes investigation of an electricity producer over a potential breach of the consumer protection from the unfair trading regulations 2008 (EDF Energy)
Ofgem investigated a fault with the operation of EDF‘s Interactive Voice Response (“IVR”) telephone system and its interface with EDF‘s billing system which resulted in some customers who provided their own meter readings through the IVR system being overcharged or undercharged. Background EDF‘s (...)

The Greek Energy Regulatory Authority fines the national electricity incumbent for a series of violations regarding its obligations (Public Power Corporation)
Alexiou - Kosmopoulos Law Firm
On 15th July 2011, the Greek Regulatory Authority for Energy (hereinafter: "RAE") issued a decision on the merits by which it imposed a fine on the Public Power Corporation (hereinafter: "PPC") for a series of breaches of its obligations as the Operator of the national Electricity Distribution (...)

The Moldovan Agency for Energy Regulation releases the petroleum market study for the first quarter of 2011
University of Technology (Tallinn)
On 17 May 2011 the National Agency for Energy Regulation (ANRE) released the results of the periodical sector inquiry into the markets for import, wholesale and retail distribution of petroleum products during the first quarter of 2011. The markets for wholesale and retail trade in petroleum (...)

The Moldovan Competition Authority finds concerted practices on the market for retail of oil derivatives (Petroleum compagnies)
University of Technology (Tallinn)
On 17 February 2011 the Moldovan Competition Authority (ANPC) established that 7 petroleum companies (ICS Lukoil Moldova SRL, ICS Petrom-Moldova SA, ICS Bemol Retail SRL, IM Rompetrol Moldova SA, IM Tirex Petrol SA, SC Parstar Petrol SRL, Valieximp SRL) engaged in a concerted practice of fixing (...)

The German Federal Cartel Office concludes that there is no need to prohibit long-term gas supply contracts anymore
European Commission
Germany: Positive Development in the Gas Distribution Sector - No Need to prohibit Long-Term Gas Supply Contracts in Germany anymore On 15 June 2010, the Bundeskartellamt has published a report on the evaluation of its decisions on long-term gas supply contracts. In several decisions (...)

The French Competition Authority issues an opinion on the Government bill on the new organisation of the electricity market (NOEM)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. The Autorité de la concurrence considers that the regulation of electricity production is necessary for the development of competition within the national market. However, it points out that any such regulation (...)

The French Energy Regulator settles a dispute between the gas incumbent and a competitor about the provision of the complete list of metering and estimating points (Gaz de France/Poweo)
Université Aix-Marseille
The scope of the dispute The dispute arose after the refusal by Gaz de France to provide Poweo with the complete list of PCEs (metering and estimating points). The access to the list of PCEs This decision is important in two respects. Firstly, the Energy Regulation Commission (‘CRE’) clarifies (...)

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 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 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 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 (...)

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