Energy & Dominance

Dominance

The Croatian Competition Authority issues an opinion on favourable energy contracts granted solely to members of a professional association (HEP)
Croatian Competition Agency
CCA opinion on favourable energy contracts* The Croatian Competition Agency (CCA) gave its opinion to the request received by the Croatian Chamber of Trades and Crafts regarding the intention of entering into a framework agreement with HEP-Opskrba (HEP Electricity Supplier) on the basis of (...)

The Italian Competition Authority conditionally clears a concentration between two regional energy firms (Energia Alto Adige)
Desogus Law Office (Cagliari)
By a decision made on 15 July 2015 the Italian Competition Authority (ICA) has conditionally cleared a concentration between two publicly held regional energy firms, Società Elettrica Altoatesina (SEL) and Azienda Energetica (AE), operating in the North-east of Italy in the province of Bolzano. (...)

The German Competition Authority issues its monitoring report on developments in the German electricity and gas markets
German Competition Authority (Bonn)
Monitoring Report 2014 of the Bundesnetzagentur and the Bundeskartellamt* The Bundesnetzagentur and the Bundeskartellamt today published their joint Monitoring Report on key developments in the German electricity and gas markets in 2013. With this report, the Bundesnetzagentur and the (...)

The Russian Competition Authority concludes that three producers of crude oils have a dominant position (Gazprom Neft)
Russian Federal Antimonopoly Service
“Gazprom Neft”, “Rosneft” NK”, “LUKOIL” and “Surgutneftegaz” have the dominant position on the market of crude oil* The Federal Antimonopoly Service (FAS Russia) analyzed the state of competition on the market of crude oil in 2013. The survey revealed that the aggregate share of “Gazprom Neft” OJSC, (...)

The Italian Regional Administrative Court of Lazio provides lightening on the so–called “overflowing” and their relationship with the protection of competition (Italgas, Acegas-Aps/Isontina Reti Gas)
Rucellai & Raffaelli
1. Case examined by T.A.R. Lazio (Regional Administrative Court of Lazio) judgment, n. 3047, Italgas-Acegas-Aps / Isontina Reti Gas of March 20th 2014 . The decision concerns an appeal from a decision of the Italian Competition Authority (the “Authority”) prohibiting a concentration pursuant (...)

The Russian Competition Authority welcomes the decree adopted aiming to develop competition in the electric power industry
Russian Federal Antimonopoly Service
The Action Plan for developing competition in the electric power industry as a next step to industry liberalization* On 17th March 2014, the Government of the Russian Federation passed No.379-r Decree to approve the Action Plan for developing competition in the electric power industry of the (...)

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 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 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 Hellenic Competition Commission conditionally clears in Phase II a merger in the retail market for petrol and diesel (BP Hellas, Hellenic petroleum)
University of East Anglia - CCP (Norwich)
On 10 July 2009, Hellenic Petroleum notified the Hellenic Competition Commission (HCC) of its intention to purchase a controlling share of BP Hellas SA. The acquisition is said to cost Hellenic Petroleum € 359 M. This acquisition includes the entire network of BP facilities in Greece, including (...)

The German Federal Court of Justice holds in a private antitrust enforcement case that offering varying prices in the gas retail market by different subsidiaries of the same mother company may be anticompetitive price discrimination by one economic entity (Entega)
University of East Anglia - CCP (Norwich)
In a private antitrust enforcement case the German Federal Court of Justice held that offering varying prices in the gas retail market by different subsidiaries of the same mother company may be anticompetitive price discrimination by one economic entity. Background German energy markets pose (...)

The Croatian Competition Authority following a Phase II investigation clears a merger of two petroleum companies subject to structural and behavioral remedies (MOL Hungarian Oil and Gas - INA Industrija nafte)
University of Technology (Tallinn)
On 9 June 2009 Croatian Competition Authority (AZTN) issued its conditional approval in relation to the proposed merger of two petroleum companies: MOL Hungarian Oil and Gas Plc. (MOL) and INA Industrija nafte d.d. (INA). MOL was already holding 25% of the INA’s share capital from 2003 and now (...)

The German Competition Authority unconditionally clears an acquisition in the energy sector (RWE Energy, Exxon Mobile)
Van Bael & Bellis (Brussels)
On 8 May 2009, the FCO unconditionally cleared the acquisition by RWE Energy of all district heating activities of Exxon Mobile in Germany, among other reasons, because the local district heating markets had a turnover below the de minimis market threshold of euros 15 million. The FCO left open (...)

The EU Commission conditionally clears a merger in the oil and petroleum production (Galp Energia/ExxonMobil Iberia)
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European Commission - DG COMP (Brussels)
"Mergers: main developments between 1 September and 31 December 2008"* On 31 October the Commission cleared, subject to conditions, the proposed acquisition by Galp Energia of Portugal of Esso Portuguesa, Esso Española and part of ExxonMobil Petroleum & Chemical. The Commission found that (...)

The Portuguese Competition Authority announces the withdrawal of a merger notification in phase II in the market of refining, transport, distribution, marketing, exploitation and search activities of crude oil and its derivatives and natural gas (Petrogal/Fuel Stations)
Cuatrecasas, Goncalves Pereira (Lisbon)
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Gleiss Lutz (Stuttgart)
On 16 January 2009, the Portuguese Competition Autority (Autoridade da Concorrência : “AdC”), pursuant to Article 112 (1) of the Code of Administrative Procedure, announced the lapsing of the notification proceedings regarding the acquisition, by the undertaking Petróleos de Portugal - Petrogal, (...)

The Portuguese Competition Authority conditionally clears the acquisition of sole control over the rights to exploit hydroelectric power stations (EDP - Gestão da Produção de Energia and EDIA - Empresa de Desenvolvimento e Infra-Estruturas de Alqueva)
Cuatrecasas, Goncalves Pereira (Lisbon)
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Entidade Nacional para o Mercado dos Combustíveis, E.P.E. (Portuguese National Entity for Fuel Market)
On 14 January 2008, EDP notified the Competition Authority (“AdC”) of the acquisition of sole control over the rights held by EDIA to exploit Alqueva and Pedrógão hydroelectric power stations. Through this transaction, EDIA assigned to EDP the rights it had been conferred upon by the Portuguese (...)

The Portuguese Competition Authority clears a merger in the food and fuel retail distribution markets with remedies, including limitation and reduction of sale areas and not to apply for new licences (Sonae/Carrefour)
PLMJ (Lisboa)
The operation Sonae Distribuição (Sonae) is a sub-holding of the Sonae Group which operates in food and non-food retail markets. Carrefour Portugal (Carrefour) is a company of the Carrefour Group which operates in food retail markets. Sonae proposed acquiring 99,8648% of Carrefour issued share (...)

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 Latvian Competition Council clears an acquisition in the gasoline and diesel fuel retail market subject to divestiture (Neste)
Raidla Lejins & Norcous (Riga)
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Cobalt Legal (Riga)
The operation On 2 August 2006 the Latvian Competition Council received a merger notification from Neste Latvija SIA (Neste), where Neste informs the Competition Council of its intention to lease seven fuel stations from Alco SIA. (Preamble Paragraph 1) The market(s) The relevant product (...)

The EU Commission conditionally clears a merger between companies both active in industrial and specialty gases including helium (Linde / BOC)
European Commission - DG COMP (Brussels)
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European Commission (Brussels)
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European Commission - DG COMP (Brussels)
"Linde/BOC: Concentration in the industries of industrial gases, specialty gases and helium"* On 6 June 2006, the European Commission approved, subject to conditions, the acquisition by Linde AG (“Linde”) of The BOC group (“BOC”). Both companies are active in industrial and specialty gases (...)

The Finnish Competition Authority clears a merger in the electricity market subject to divestitures and supply of virtual capacities (E.ON Finland/Fortum)
Fujitsu (Helsinki)
In its decision of June 22nd, 2006, the Finnish Competition Authority (the “FCA”) cleared the acquisition of control of E.ON Finland Oyj (“E.ON Finland” ), a member of the international E.ON AG Group, by Fortum Power and Heat Oy, a subsidiary of the Finland-based energy company Fortum Oyj (...)

The French Competition Authority issues an opinion on a proposed system to enable intensive industrial electricity users to benefit from special electricity pricing conditions
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. Electricity purchases by intensive industrial users: The Conseil de la concurrence is not opposed to the principle of long-term contracts but considers that the selection of industrial users should be based on (...)

The Polish Competition Authority clears a merger on the market of nitrate fertilizers and plastics, subject to a divestment remedy (Nafta Polska/Tarnów-Mościce, Zachem)
Clifford Chance (Warsaw)
The operation On 20 April 2005 the President of the OCCP cleared the acquisition of direct control over four Polish chemical plants by Nafta Polska S.A. by way of an acquisition of 80% of the shares in each of the plants. The transaction is a part of a government restructuring programme of the (...)

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 (Brussels)
"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 (Brussels)
"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 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 (Brussels)
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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 authorizes, subject to conditions, the joint acquisition of a regional gas wholesaler by German electricity and Italian gas and petroleum companies (ENI/EnBW/GVS)
European Commission - DG ECFIN
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European Commission - DG COMP (Brussels)
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European Commission - DG GROW
"Merger Control: Main developments between 1st September 2002 and 31st December 2002"* On 17 December 2002 the European Commission authorised, subject to conditions, the joint acquisition of German regional gas wholesaler Gas Versorgung Süddeutschland (GVS) by German electricity firm Energie (...)

The German Competition Authority prohibits acquisition in the energy sector (E.ON Düsseldorf / Bergemann Essen)
German Competition Authority (Bonn)
Bundeskartellamt prohibits E.ON’s acquisition of majority stake in Ruhrgas* The Bundeskartellamt has prohibited E.ON AG, Düsseldorf, (E.ON) from acquiring Bergemann GmbH, Essen (Bergemann) which would give it indirect control of Ruhrgas AG, Essen (Ruhrgas). The President of the Bundeskartellamt, (...)

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 (Brussels)
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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 clears conditionally two mergers on the market for mineral oil (Shell / DEA and BP / Veba Oel)
German Competition Authority (Bonn)
Bundeskartellamt clears Shell/DEA and BP/Veba Oel mineral oil mergers only subject to strict obligations* The Bundeskartellamt has cleared the planned mergers of Deutsche Shell GmbH, Hamburg (Shell) with DEA Mineralöl AG, Hamburg (DEA) and Deutsche BP AG, Hamburg (BP) with Veba Oel AG, (...)

The European Commission refers to the German Competition Authority the examination of the impact in the downstream market for oil products of a proposed joint venture (Deutsche and RWE-DEA)
European Commission - DG ECFIN
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European Commission - DG COMP (Brussels)
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Financial Conduct Authority (FCA)
"Merger control: main developments between 1 May and 31 August 2001"* The Commission on 23 August referred to the German Competition Authority the examination of the impact in the downstream market for oil products of a proposed joint venture between Deutsche and RWE-DEA. At the same time, the (...)

The European Commission prohibits a merger between two US companies active in the markets for aero-engines, avionics and other aircraft components and systems (GE/Honeywell)
Ipsen (Paris)
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SES Satellites
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European Commission - DG HOME
"General Electric/Honeywell — An insight into the Commission’s investigation and decision"* whereas the order backlog is an indication of their immediate future incumbency. Owing to the benefits of engine commonality, incumbency of engine suppliers is better assessed in terms of the installed (...)

The Italian Competition Authority clears a merger in the sector of energy with structural remedy (Enel-France Telecom/New wind)
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Chiomenti (Rome)
The operation The Italian Competition Authority approved with conditions the two steps transaction by which Enel S.p.A. will acquire the whole capital stake of Infostrada S.p.A. and, then, Wind Telecomunicazioni S.p.A. will be merged with Infostrada S.p.A. The new entity, New Wind, will be (...)

The European Commission refers to the Finnish Competition Authority part of the examination of the impact of proposed acquisition in the markets for wood based fuels and peat (Metsäliitto Osuuskunta/Vapo Oy)
European Commission - DG ECFIN
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European Commission - DG COMP (Brussels)
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Financial Conduct Authority (FCA)
"Merger Control: Main developments between 1st January 2001 and 30th April 2001"* On 8 February 2001, the Commission decided to refer to the Finnish Competition Authority – Kilpailuvirasto – part of the examination of the impact of the proposed acquisition by Finland’s Metsäliitto Osuuskunta of a (...)

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 (Brussels)
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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 clears a joint venture combining the nuclear activities of French and German companies (Framatome/Siemens)
Service européen pour l’action extérieure (EEAS)
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Financial Conduct Authority (FCA)
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European Commission - DG COMP (Brussels)
"Merger Control: main developments between 1st September 2000 and 31st December 2000"* On 6th December 2000, the European Commission cleared a joint venture which combines the nuclear activities of Framatome SA of France with those of Siemens AG of Germany. The joint venture, as initially (...)

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 (Brussels)
"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 Dutch Competition Authority clears a merger in the electricity sector subject to divestments (PNEM/MEGA -EDON)
Netherlands Authority for Consumers & Markets (The Hague)
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Eversheds Sutherland (Amsterdam)
The operation The activities of PNEM/MEGA and EDON mainly involve the production of electricity, the supply of electricity, gas and warmth, waste collection and management and the exploitation of telecommunication and cable television networks. A newly established company will acquire all the (...)

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 (Brussels)
"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. (...)

The European Commission amends its decision authorizing the establishment of a joint venture in the polyolefins sector subject to conditions and obligations corresponding to commitments given by the parties (Montell, Shell and Montedison)
European Commission - DG GROW
"Mergers : Summary of the most important recent developments"* On 24th April 1996, the Commission decided to amend its Decision 94/811 EC of 8.6.1994 which had authorized the establishment of Montell, a joint venture in the polyolefins sector between Shell and Montedison, subject to conditions (...)

The Turkish Competition Board concludes that a new turnover rebate system does not constitute an abuse of dominance in the fuel wholesale market (Tüpraş / Ader)
ELIG, Attorneys-at-Law
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ELIG, Attorneys-at-Law
This case note analyses the Turkish Competition Board’s (“Board”) TÜPRAŞ decision of 16.03.2016, No. 16-10/159-70. The Board reviewed the allegations of abuse put forward by Akaryakıt Ana Dağıtım Şirketleri Derneği (“ADER”) against Türkiye Petrol Rafinerileri A.Ş. (“TÜPRAŞ”). TÜPRAŞ allegedly abused its (...)

The Hellenic Competition Authority issues a provisional order against an undertaking suspected of abuse of dominance in the markets for the production and trade of electricity (Aluminium)
Hellenic Competition Authority (Athens)
Adjournment of hearing of interim measures and issuance of provisional order against PPC SA* The Hellenic Competition Commission (HCC) has deferred the hearing of the case concerning ex officio adoption of interim measures against Public Power Corporation S.A. Greece (PPC) until September (...)

The Dagestan services of the Russian Competition Authority fines a gas provider for abuse of dominance (Gazprom)
Russian Federal Antimonopoly Service
Dagestan OFAS fined “Gazprom Regiongaz Pyatigorsk” 8.6 million RUB* The Office of the Federal Antimonopoly Service in the Republic of Dagestan (Dagestan OFAS) found that “Gazprom Regiongaz Pyatigorsk” Ltd. violated the antimonopoly law. The company shall pay over 8.6 million RUB as a fine for (...)

The Russian Competition Authority send a warning to a gas provider suspected to impose disadvantageous contract conditions (Gazprom)
Russian Federal Antimonopoly Service
“Gazprom” received a FAS warning* On 18 June 2015, the Federal Antimonopoly Service (FAS Russia) issued a warning to “Gazprom” OJSC to eliminate elements of violating the antimonopoly law (Clause 3 Part 1 Article 10 of the Federal Law “On Protection of Competition”). “Gazprom” OJSC avoided (...)

The Judicial Appeal Board on civil and administrative cases of East Kazakhstan region fines a group of companies for refusing to conclude a contract with customer (AES Ust-Kamenogorsk HPS)
Center for Development and Protection of Competition Policy
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Kazakhstan Association of Mining and Metallurgical Companies
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Center for Development and Protection of Competition Policy
On April 13, 2015 Judicial Appeal Board on civil and administrative cases of East Kazakhstan region considered the petition of appeal filed by “AES Ust-Kamenogorsk HPP” LLP against the order of the specialized administrative court of Ust-Kamenogorsk dated March 16, 2015 (Court of first (...)

The Russian Competition Authority welcomes the enforcement of the warning by a gas provider aiming to stop the competition concerns (Gazprom)
Russian Federal Antimonopoly Service
FAS warning solved a consumer problem that could not be resolved for three years* “Gazprom” executed a warning of the Federal Antimonopoly Service (FAS Russia) and eliminated elements of violations of the antimonopoly law. The antimonopoly authority was notified about executing the warning on (...)

The EU Court of Justice attempts to clarify its own case law on whether actual abuse by the public undertaking must be shown in Article 106 TFEU-cases (Greek Lignite case)
University of Groningen
The Appeal in Greek Lignite: Clarification of the Law or Jumpstarting Article 106 TFEU?* Introduction In October 2012 I wrote an entry about the General Court judgment that annulled the Commission decision in the Greek Lignite-saga, concerning the Greek state-owned electricity company DEI (...)

The Russian Competition Authority accepts the trading practices of a gas provider on the market of wholesale sales of gasoline and diesel fuel (LUKOIL)
Russian Federal Antimonopoly Service
“LUKOIL” Group agreed its trading practices with FAS Russia* On 26th March 2014, the Federal Antimonopoly Service (FAS Russia) agreed upon the trading practices of “LUKOIL” Group on wholesale sales of gasoline and diesel fuel in the Russian Federation. “LUKOIL” devised its trading policies to (...)

The Russian Competition Authority fines a gas provider for abuse of dominance (Dagestangazservice)
Russian Federal Antimonopoly Service
Dagestan OFAS fined “Dagestangazservice” Ltd. 10 million RUB for abusing market dominance* On 14th March 2014, the Office of the Federal Antimonopoly Service in the Republic of Dagestan (Dagestan OFAS Russia) imposed a turnover fine upon “Dagestangazservice” Ltd. for abusing market dominance. The (...)

The Russian Competition Authority fines an electricity manufacturer for abuse of dominance (Dagenergoset)
Russian Federal Antimonopoly Service
“Dagenergoset” OJSC fined 29 million RUB for violating the antimonopoly law* On 13th March 2014, the Office of the Federal Antimonopoly Service (FAS Russia) in the Republic of Dagestan (Dagestan OFAS Russia) fined “Dagenergoset” OJSC over 29 million RUB for abusing market dominance. The case was (...)

The Federal Arbitration Court of the North-Caucasian District upholds the decision of the Russian Competition Authority sanctioning an electricity provider for abuse of dominance (Donenergosbyt)
Russian Federal Antimonopoly Service
The Court confirmed the rightness of FAS position with regard to an energy supplier* On 21st January 2014, the Federal Arbitration Court of the North-Caucasian District supported the position of the Federal Antimonopoly Service (FAS Russia) with regard to “Donenergosbyt” Ltd. The Antimonopoly (...)

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 Commission on Protection of Competition initiates ex officio investigation into aviation fuel market (Lukoil)
European Commission (Brussels)
Bulgaria: The Competition Authority initiates Ex Officio Investigation into Aviation Fuel Market* On 4 August 2011, the Commission on Protection of Competition (CPC) opened an ex officio investigation pursuant to Article 21 of the Law on Protection of Competition and Article 102 TFEU against (...)

The Bulgarian Competition Authority adopts conclusions from fuel sector inquiry and opens proceedings against four undertakings (Lukoil Bulgaria, OMV Bulgaria, Nafteks Petrol, Rompetrol Bulgaria)
European Commission (Brussels)
Bulgaria: The CPC adopts Conclusions from Fuel Sector Inquiry and opens Proceedings against four Undertakings* Following a sharp increase in the price of fuel purchased by final consumers, in March 2011, the Commission on Protection of Competition (CPC) initiated a sector inquiry into the (...)

The Competition Council of the Republic of Lithuania imposes a fine on an oil refinery for abuse of dominance after conducting an additional investigation (Orlen Lietuva)
Max Planck Institute for Innovation and Competition (Munchen)
The Competition Council’s additional investigation of the actions of the oil refinery AB “Mažeikių Nafta” resulted in an infringement decision on 16 December 2010. The company was charged with the LTL 8 231 000 (approx. EUR 2 385 797) fine for an abuse of its dominant position in terms of a (...)

The Russian Supreme Commercial Court upholds a €28.5 M fine on a British-Russian oil company for abuse of dominance (TNK-BP)
RBB Economics (Brussels)
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RBB Economics (Brussels)
BACKGROUND In 2008 the Federal Antimonopoly Service (FAS) of the Russian Federation found four major Russian vertically integrated oil companies (TNK-BP, Rosneft, Lukoil and Gazprom Neft) guilty of abusing a collective dominant position on the wholesale Russian market for motor fuel products (...)

The Lithuanian Supreme Administrative Court upholds Competition Authority’s decision on abuse of dominance by an airport operator (Vilnius International Airport - Naftelf)
European Commission (Brussels)
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 Polish Supreme Court decides on the validity of the refusal of the gas network access (Bartimpex)
Wiercinski Kwiecinski Baehr (Poznan)
The recent verdict to the Polish Supreme Court seems to put to an end a very old dispute over the refusal to grant access to the Polish gas transmission system. It also deserves attention as it discusses the nature of the anticompetitive practices that amount to “refusal to sale”. Facts of the (...)

The French Competition Authority orders interim measures against an electricity provider on the photovoltaic solar power market (EDF)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. The Autorité de la concurrence orders EDF to modify its business communication in such a way as to separate the part relating to its public service activities from that of its subsidiaries involved in the (...)

The French Competition Authority abandons commitments procedure and adopts interim measures in photovoltaic case (EDF)
Van Bael & Bellis (Brussels)
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Practising Law Institute
On 8 April 2009, the French Competition Authority decided to reject commitments offered by the EDF group («EDF«) – the French electricity incumbent – with respect to the emerging market for photovoltaic electricity (the «photovoltaic market«) and instead to impose interim measures and continue its (...)

The Polish Competition Authority imposes a financial penalty on the electricity distributor for the delay in issuance of the connection conditions for wind farms’ access to electricity grid (ENEA Operator)
Wiercinski Kwiecinski Baehr (Poznan)
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WKB Wierciński Kwieciński Baehr (Warsaw)
The Polish competition authority imposed a fine of PLN 11 million (approx. EUR 3 million) on ENEA Operator S.A., a company distributing electricity in the northwestern Poland, which serves over 2,5 million customers. The President of the Office of Competition and Consumer Protection (“the OCCP (...)

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 (Brussels)
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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 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 (...)

A Lithuanian Court reopens the "Gas saga" by sending alleged abuse of dominance of the gas supplier incumbent back to the NCA for reinvestigation (Akmenes energij/Lietuvos dujos)
Lithuanian Competition Council
On 7 November 2007, the Vilnius District Administrative Court (VDAC) ordered the Competition Council to reinvestigate the earlier closed case of the suspected Article 9 (equivalent to Article 82 EC) infringement by AB Lietuvos dujos (LD), a natural gas supplier. The Court’s judgment represents (...)

The Austrian Federal Competition Authority refers to the Cartel Court a case of alleged excessive pricing in the jet fuel market pursuant to both Art. 82 EC and national provisions (Austrian Airlines/OMV)
Reidlinger Schatzmann Rechtsanwälte
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The case at hand concerns a complaint by Austrian Airlines of June 2006 to the Austrian Federal Competition Authority (FCA) that followed a long dispute between Austrian Airlines and OMV, the Austrian market leader in the oil refining and distribution of refinery products. According to the (...)

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)
,
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 UK Gas and Electricity Markets Authority accepts commitments following a complaint from an Independent Connection’s Provider against anti-competitive conditions of electricity connection services (SP Manweb)
In October 2002, the Office of Gas and Electricity Markets (Ofgem) received a complaint from an Independent Connection’s Provider (ICP) alleging that SP Manweb, which is wholly owned by Scottish Power UK plc Group, had engaged in anti-competitive behaviour when providing non-contestable (...)

A Czech court applies the intra-enterprise doctrine and cancels a decision of the NCA condemning an undertaking for abuse of its dominant position in the oil refinery sector (Česká rafinérská)
Government of the Czech Republic
In its decision of 18 February 2005, the Regional Court in Brno quashed an earlier decision of the Office for the Protection of Competition, in which the Office found that Česká rafinérská, a.s. (the most important oil refinery in the Czech Republic) had abused its dominant position when “for about (...)

L’autorité autrichienne de concurrence enquête sur le marché de l’électricité et constate l’augmentation des prix
Reidlinger Schatzmann Rechtsanwälte
,
Barnert Egermann Illigasch
L’autorité de concurrence autrichienne (la “Bundeswettbewerbsbehörde”) vient de publier un rapport mettant en évidence, sur la base d’informations apportées par une source non précisée, que tous les prix de l’électricité ont systématiquement augmenté. Cette enquête est du même type que les enquêtes (...)

The European Commission closes its investigation on long-term supply agreements in the context of gas market liberalization (Gas Natural)
European Commission - DG GROW
"Long-term supply agreements in the context of gas market liberalisation: Commission closes investigation of Gas Natural"* Introduction On 27 March 2000 the Commission announced its decision to close its investigation concerning the long-term gas supply agreement entered into by the Spanish (...)

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