Energy & Dominance

Dominance

The EU Commission accepts commitments to settle investigation into conduct affecting Central and Eastern European gas markets (Gazprom)
Van Bael & Bellis (Brussels)
On 24 May 2018, the Commission adopted a decision accepting a number of commitments from Gazprom to address the Commission’s competition concerns regarding conduct by Gazprom that allegedly restricted the free flow of gas at competitive prices in Central and Eastern European gas markets. The (...)

The Slovenian Competition Protection Agency accepts commitments by the incumbent gas importer and supplier addressing concerns relating to long-term contracts on natural gas supply with industrial customers (Geoplin)
Fatur Law Firm (Ljubljana)
Introduction On 10 November 2017, the Slovenian Competition Protection Agency (hereinafter referred to as the CPA) has adopted a decision that renders legally binding the commitments offered by GEOPLIN LLC. (hereinafter referred to as GEOPLIN), incumbent gas importer and supplier in the (...)

The Paris Court of Appeal rejects the request against a French Competition Authority decision relative to practices implemented on the electricity and gas market (ENGIE)
Simmons & Simmons (Paris)
The settlement procedure in France The major change is that parties willing to conclude a settlement procedure will be informed of the minimum and maximum fine that may be imposed (and not of a percentage of reduction relating an amount of sanction which is not yet known). The disclosure (...)

The Russian Competition Authority fines a gas producer for abuse of dominance (Gazprom)
Russian Federal Antimonopoly Service (Moscow)
Ingushia OFAS fined “Gazprom Mezhregiongaz Pyatigorsk” Ltd. 140 million RUB* Fines are imposed for infringing the interests of small companies The decisions on abusing dominance were made after investigating several cases upon statements of small companies in the Republic of Ingushetia with (...)

The EU Commission opens a formal investigation to assess whether Romania’s gas transmission system operator has abused of its dominant position (Transgaz)
DG COMP (Brussels)
Antitrust: Commission opens investigation into gas export restrictions from Romania* The European Commission has opened a formal investigation to assess whether Romania’s gas transmission system operator Transgaz has been hindering gas exports from Romania to other EU Member States. The (...)

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 EU Commission launches market test on an energy company’s commitments relating to the Central and Eastern European gas markets (Gazprom)
Van Bael & Bellis (Brussels)
On 13 March 2017, the European Commission launched a market test on commitments submitted by Gazprom aimed at addressing concerns over its alleged abuse of dominance on Central and Eastern European gas supply markets. In April 2015, the European Commission announced that it had sent a (...)

The German Competition Authority closes its proceedings on abusive pricing against district heating suppliers and obtains antitrust remedies (Innogy)
German Competition Authority (Bonn)
Proceedings against district heating suppliers concluded* The Bundeskartellamt has concluded its proceedings on abusive pricing against district heating suppliers. In a number of supply areas the suppliers have offered commitments in response to the authority’s concerns about abusively (...)

The Supreme Administrative Court of Bulgaria quashes the Competition Authority’s decision on an abuse of dominance in the energy sector, due to a different economic analysis (Energo Pro)
Tsvetkova Bebov Komarevski (Sofia)
The Supreme Administrative Court of the Republic of Bulgaria seating in 3-member panel (the “Supreme Administrative Court”, the “Court or the “Supreme Court”) repealed the decision of the Bulgarian Commission for Protection of Competition (the “Commission”) by virtue of which the Commission imposed (...)

The Czech Competition Authority accepts commitments in a case on alleged abuse of dominance by an energy company applying a pricing formula included in a long-term supply agreement (ČEZ)
Diwok Hermann Petsche (Baker McKenzie Vienna)
The Czech Competition Authority ("CCA") accepted in a decision of 20 December 2016 commitments offered by ČEZ, a partly state-owned Czech energy company, due to an alleged abuse of dominant position on the market for purchasing of brown coal. While the CCA refrained from final findings regarding (...)

The French Competition Authority imposes several interim measures on an energy provider suspected of abuse of dominance (Engie)
French Competition Authority (Paris)
The Autorité de la concurrence issues several urgent interim measures on Engie so that the price of some of its market offers to business customers reflects its costs.* In brief Last October, Direct Enrgie made a referral to the Autorité de la concurrence. In particular it reported that (...)

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 Gürkaynak (Istanbul)
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ELIG Gürkaynak (Istanbul)
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 accepts remedies proposed by an electricity producer ending competition concerns (PPC)
Hellenic Competition Authority (Athens)
HCC has accepted commitments proposed by the PPC S.A. to address competition concerns with regard to the supply of electricity to Aluminium of Greece S.A.* By a unanimous decision, the Hellenic Competition Commission (HCC) accepted commitments proposed by the Public Power Corporation S.A. (PPC (...)

The EU Commission accepts commitments proposed by an electricity provider in order to open up the Bulgarian wholesale electricity market (Bulgarian Energy Holding)
DG COMP (Brussels)
Antitrust: Commission accepts commitments by Bulgarian Energy Holding to open up Bulgarian wholesale electricity market* The European Commission has adopted a decision that renders legally binding the commitments offered by Bulgarian Energy Holding (BEH) to end competition restrictions on (...)

The European Commission accepts the commitments proposed to end the competition restrictions on Bulgaria’s wholesale electricity market (Bulgarian Energy Holding)
Johnson & Johnson (Sofia)
On December 10, 2015 the European Commission accepted the commitments proposed by Bulgarian Energy Holding to open up the Bulgarian wholesale electricity market. The decision should lead to greater liberalization and transparency on the wholesale electricity market in Bulgaria, thus enhancing (...)

The Moscow Arbitration Court confirms that an electricity provider has abused its dominance on the market of electric power transmission (MRSK Siberia)
Russian Federal Antimonopoly Service (Moscow)
Arbitration Court supported Kemerovo OFAS in a dispute with “MRSK Siberia”* Arbitration Court of the Kemerovo Region pronounced legitimacy and determination of the Office of the Federal Antimonopoly Service in the Kemerovo Region (Kemerovo OFAS) with regard to “MRSK Siberia” OJSC. The company (...)

The Polish Competition Authority fines a gas supplier for failing to fully comply with a commitment decision (PGNiG)
Polish Competition Authority (Warsaw)
PGNiG, Poland’s leading gas supplier, fined for failing to fully comply with a commitment decision* UOKiK has fined Polskie Górnictwo Naftowe i Gazownictwo (PGNiG), a leading Polish oil and gas company, EUR 2.45 mln for failing to comply with a part of the commitment decision it had accepted in (...)

The Administrative Regional Court of Latvia upholds the decision of the Competition Authority that fined and imposed remedies on the national gas supplier in a case of abuse of dominance (Latvijas Gāze)
Konkurences padome (Riga)
Court agrees with the Competition Authority to fine the National Gas Supplier* On 2 September, the Administrative Regional Court confirmed the Competition Council’s (CC) decision to impose the only natural gas supplier in Latvia – AS „Latvijas Gāze” – remedies to change the practice of debt (...)

The Russian Competition Authority welcomes the payment of the fine imposed on an electricity provider for abuse of dominance (Gorelektroset)
Russian Federal Antimonopoly Service (Moscow)
Novokuznetsk Electric Grid Company – “Gorelektroset” paid a 2-million fine* “Gorelektroset” Ltd. notified the Office of the Federal Antimonopoly Service in the Kemerovo region (Kemerovo OFAS Russia) about paying the 2-million fine. In April 2014 Kemerovo OFAS Russia found that the company violated (...)

The Russian Competition Authority welcomes the payment of the fine imposed on an heat supplier for abuse of dominance (Sverdlovsk)
Russian Federal Antimonopoly Service (Moscow)
Sverdlovsk heat supplier paid a 4-million RUB fine* “Sverdlovsk Heat Supplier” Ltd. (“STK” Ltd.) notified the Office of the Federal Antimonopoly Service in the Sverdlovsk Region (Sverdlovsk OFAS) on paying the 4-million RUB fine imposed for violating the antimonopoly law. Earlier the regulator (...)

The Russian Competition Authority fines an electricity provider for abuse of dominance (Dagenergoset)
Russian Federal Antimonopoly Service (Moscow)
Dagestan OFAS fined “Dagenergoset”* The Office of the Federal Antimonopoly Service in the Republic of Dagestan (Dagestan OFAS Russia) found that “Dagenergoset” OJSC abused its market dominance (Part 1 Article 10 of the Federal Law “On Protection of Competition”) and fined the company 1.5 million (...)

The Russian Competition Authority welcomes the payment of the fine imposed on a gas provider for abuse of dominance (Gazprom)
Russian Federal Antimonopoly Service (Moscow)
“Gazprom Gazoraspredelenia Sever” OJSC paid a 3.5 million RUB* “Gazprom Gazoraspredelenia Sever” OJSC paid a 3.5 million RUB for abusing dominance on the market of gas transportation services. The fine reached 1% of the annual company revenue. The Office of the Federal Antimonopoly Service in (...)

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 (PPC)
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 Russian Competition Authority warns a public forecast about increased gasoline prices (Kortes)
Russian Federal Antimonopoly Service (Moscow)
FAS issued a warning for a public forecast about increased gasoline prices* On 10 July 2015, the Federal Antimonopoly Service (FAS Russia) sent a warning to Deputy Head of the Department of Market Analysis and Survey, “Kortes” IATs” OJSC. The grounds were a public statement by Deputy Head of the (...)

The Dagestan services of the Russian Competition Authority fines a gas provider for abuse of dominance (Gazprom)
Russian Federal Antimonopoly Service (Moscow)
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 Moscow Arbitration Appeal Court confirms the fine imposed on a gas provider for abuse of dominance (Sakhatrnasneftegaz)
Russian Federal Antimonopoly Service (Moscow)
Appeal Court confirmed the conclusions of Yakutia OFAS* The 4th Arbitration Appeal Court supported the Office of the Federal Antimonopoly Service in the Republic of Sakha (Yakutia) (Yakutia OFAS Russia) in a dispute with “Sakhatrnasneftegaz” OJSC. Earlier the regulator found that the company (...)

The European Commission launches a market test concerning the commitments proposed by an electricity provider operating on the Bulgarian wholesale electricity market (Bulgarian Energy Holding)
DG COMP (Brussels)
Commission market tests commitments by Bulgarian Energy Holding (BEH) concerning Bulgarian wholesale electricity market* The European Commission is inviting comments from interested parties on commitments offered by the State-owned Bulgarian Energy Holding EAD (BEH) to address competition (...)

The Russian Competition Authority send a warning to a gas provider suspected to impose disadvantageous contract conditions (Gazprom)
Russian Federal Antimonopoly Service (Moscow)
“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 Russian Competition Authority sends a warning to an oil provider suspected to impose disadvantageous contract conditions (LUKOIL)
Russian Federal Antimonopoly Service (Moscow)
A warning to “LUKOIL”* On 9 June 2015, the Federal Antimonopoly Service (FAS Russia) issued a warning to “LUKOIL” OJSC to eliminate violations of the antimonopoly law (Clauses 3 and 5 Part 1 Article 10 of the Federal Law “On Protection of Competition”) by 22 June 2015. The company imposed (...)

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 Russian Competition Authority fines an electricity provider for abuse of dominance (Lenenergo)
Russian Federal Antimonopoly Service (Moscow)
St Petersburg OFAS fined “Lenenergo” nearly 50 million RUB* The Office of the Federal Antimonopoly Service (St Petersburg OFAS Russia) found that “Lenenergo” OJSC abused dominance (Part 1 Article 10 of the Federal Law “On Protection of Competition”) and fined the company nearly 50 million RUB. The (...)

The Belgian Competition Authority closes its investigation against an electricity supplier after finding no infringement of the competition rules (Electrabel / Lampiris)
Belgian Competition Authority (Brussels)
The Investigation and Prosecution Service of the Belgian Competition Authority closes its investigation regarding the incorporation by Electrabel of the opportunity cost of greenhouse gas emission allowances it had received free of charge in its wholesale price for electricity.* In a complaint (...)

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 (Astana)
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Kazakhstan Association of Mining and Metallurgical Companies (Astana)
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Center for Development and Protection of Competition Policy (Astana)
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 Canadian Competition Tribunal holds that the exit of a dominant firm from the relevant market does not end an abuse of dominance claim (Direct Energy)
Cassels Brock (Toronto)
Not out of hot water: Direct Energy’s exit does not end abuse case* Direct Energy’s exit from the hot water heater rental market did not turn down the heat from the Commissioner The exit of a respondent in an abuse of dominance case does not mean the case cannot continue, the Competition (...)

The Russian Competition Authority sanctions an electricity provider having imposed disadvantageous contract conditions for abuse of dominance (IDGR)
Russian Federal Antimonopoly Service (Moscow)
Imposing disadvantageous conditions by “IDGR of the North-West” is unlawful* On 20 January 2015, the Arbitration Court of Moscow District pronounced legitimacy of the decision and determination of the Federal Antimonopoly Service (FAS Russia) with regard to “Interregional Distribution Grid (...)

The Kazakh Court condemns abuse of dominant position in the gasoline market (Helios)
Center for Development and Protection of Competition Policy (Astana)
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Kazakhstan Association of Mining and Metallurgical Companies (Astana)
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Center for Development and Protection of Competition Policy (Astana)
Facts The regional division of the Antimonopoly body of Kazakhstan in Almaty city has recently finished investigation of violations of the antitrust law concerning «Helios» LLP. In accordance with the results of investigation into “Helios” LLP it was established that in August 2014 the Company (...)

The Slovenian Competition Protection Agency fines an incumbent gas importer and supplier for abuse of dominance by imposing prohibited contractual clauses on the market of gas supply to large industrial customers (Geoplin)
Slovenian Competition Authority (Ljubljana)
Geoplin abused its dominant position on the market of gas Supply by prohibited contractual clauses* Slovenian Competition Protection Agency (CPA) concluded that Geoplin, incumbent gas importer and supplier in the Republic of Slovenia, abused its dominant position on the market of gas supply to (...)

The Russian Competition Authority issues its decision sanctioning an undertaking having fixed retail prices for gasoline at refueling stations in the Kamchatka region (Kamchatnefteproduct)
Russian Federal Antimonopoly Service (Moscow)
FAS terminated a case against “Kamchatnefteproduct”* The Federal Antimonopoly Service (FAS Russia) issued a decision on the case against “Kamchatnefteproduct” OJSC. On 17th April 2014, the Office of the Federal Antimonopoly Service in the Kamchatka region (Kamchatka OFAS Russia) opened (...)

The Turkish Competition Authority closes its investigation into an electricity distribution and retail company for increasing the switching costs for eligible customers and impeding the opportunities of competitors (Ayedas)
University of Sussex
This case note analyses the decision of the Turkish Competition Authority (TCA) in which it has closed the investigation it launched into an electricity retail sale company, AYESAS, for unilaterally including most of the eligible customers into its own portfolio without signing an agreement (...)

The Russian Competition Authority issues a warning to an oil and gas provider suspected to abuse of its dominance (Transneft” AK)
Russian Federal Antimonopoly Service (Moscow)
FAS issued warnings to “Transneft” for untimely intentions* On 14th October 2014, the Federal Antimonopoly Service (FAS Russia) issued a warning to Deputy Vice-President – Director of the Department for Transport, Record Keeping and Quality of Oil Products of “Transneft” AK” OJSC, Nazarov, the (...)

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 (Moscow)
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 Hellenic Competition Commission examines whether the commitments proposed by fuel wholesale trading companies resolve the competition concerns it has identified in the petrol stations market (Hellenic Fuels)
Hellenic Competition Authority (Athens)
Review of commitments proposed by fuel trading companies with regard to long-term exclusive cooperation agreements concluded between petrol-station operators and such companies.* The competent Chamber of the Hellenic Competition Commission (HCC) will convene on 13 November to examine whether (...)

The French Competition Authority orders interim measures against a gas provider and enjoins it to grant its competitors access to some of the data in its historic file (GDF Suez / Direct Energie)
French Competition Authority (Paris)
Press release published on the official website of the French Competition Authority. The Autorité de la concurrence orders GDF Suez to grant its competitors access to some of the data in its historic file.* This access will enable competitors of GDF Suez to compete with the incumbent operator (...)

The Arbitration Court of the North Caucasus confirms that an electricity provider has abused of its dominance (NESK)
Russian Federal Antimonopoly Service (Moscow)
“NESK” OJSC violated the antimonopoly law* On 20th August 2014, the Arbitration Court of the North Caucasus District confirmed legitimacy of the decision issued by the Office of the Federal Antimonopoly Service in the Krasnodar Region (Krasnodar OFAS Russia) with regard to “NESK” OJSC and stated (...)

The Arbitration Court of the North-Caucasus confirms the fine imposed on an electricity provider for abuse of dominance (NESK-Elektroseti)
Russian Federal Antimonopoly Service (Moscow)
A million RUB fine upon “NESK-Elektroseti”* On 13th August 2014, the Arbitration Court of the North-Caucasus District confirmed legitimacy of the decision issued by the Office of the Federal Antimonopoly Service in the Krasnodar region (Krasnodar OFAS Russia) with regard to “NESK-Elektroseti” (...)

The Competition Commission of Pakistan issues an opinion aiming at eliminating the discriminatory application of Inland Freight Equalization Margin
University College London
Opinion In terms of its opinion issued on the 7th of August 2014, the Competition Commission of Pakistan (CCP) advised the Oil and Gas Regulatory Authority (OGRA) and the Ministry of Petroleum and Natural Resources (MNPR) to eliminate discriminatory application of Inland Freight Equalization (...)

The Russian Competition Authority fines a gas supplier for abuse of dominance (Gazprom)
Russian Federal Antimonopoly Service (Moscow)
For unlawful omissions, “Gazprom Mezhregiongaz Pyatigorsk” shall pay over 38 million RUB* The Office of the Federal Antimonopoly Service (FAS Russia) in the Republic of North Ossetia (North Ossetia OFAS Russia) held “Gazprom Mezhregiongaz Pyatigorsk” Ltd. administratively liable and fined the (...)

The Hellenic Competition Commission accepts a proposal to revise partly commitments adopted in a previous decision concerning the supply of natural gas through electronic auctions (DEPA)
Hellenic Competition Authority (Athens)
Amendment of commitments adopted with decision 551/VII/2012 of the HCC concerning the supply of natural gas through electronic auctions (optimization of gas release programmes)* Following consultation with DEPA customers and in collaboration with the Regulatory Authority for Energy (RAE), the (...)

The Belgian Competition Authority imposes fines on an electricity provider for having abused of its dominance in the market of the electricity production, wholesale and trade (Electrabel)
Belgian Competition Authority (Brussels)
Press Release published on the official website of the Belgian Competition Authority . Decision of the Competition College of the Belgian Competition Authority holding an infringement of the prohibition of abuse of a dominant position by Electrabel* The Competition College of the Belgian (...)

The Belgian Competition Authority fines the incumbent operator for abuse of a dominant position for excessive pricing on the Belgian electricity market (Electrabel)
Covington & Burling (Brussels)
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IP Porta (Gent)
I. The Parties Electrabel S.A. (‘Electrabel’) is the incumbent operator on the Belgian electricity market. Electrabel is the main producer of electricity. It is also active on the delivery market to end-consumers in Belgium. Elia is Belgium’s transmission system operator. It enjoys a legal (...)

The EU Court of Justice holds that a member state may be found to have infringed art. 106(1) TFEU if its measures create a situation in which a public undertaking or an undertaking on which it has conferred special or exclusive rights is led to abuse its dominant position (Greek Lignite case)
Gibson Dunn (Brussels)
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Gibson Dunn (Brussels)
ECJ held that the legal standard established by the General Court was incorrect, as the Commission was not required to identify or establish that an actual abuse had occurred or a particular abuse could have occurred as a result of the state measure at issue. The ECJ repeated its well (...)

The EU Court of Justice revolves around the radius of Commission’s powers and discretion in establishing an infringement of article 106 TFEU read together with article 102 TFEU (Greek Lignite Case)
Prentoulis Gerakini Law Partnership (Athens)
On 17 July 2014 the Court of Justice of the EU (‘CJEU’) rendered its decision in the Greek Lignite case, which revolves around the radius of Commission’s powers and discretion in establishing an infringement of article 106 TFEU read together with article 102 TFEU. Article 106 is the legal vehicle (...)

The EU Court of Justice clarifies the threshold of competitive distortion required in the application of Articles 102 and 106(1) TFEU to State measures concerned with public undertakings or undertakings with special or exclusive rights (Greek Lignite case)
University of Bristol - Law School
CJEU fuels joint application of Arts 102 & 106(1) TFEU to suppress unequal conditions of competition (C-553/12P)* In its Judgment in Commission v DEI, C-553/12 P, EU:C:2014:2083, the CJEU has (further) clarified the threshold of competitive distortion required in the application of Arts (...)

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 Moscow Arbitration Appeal Court compels an electricity provider to pay the fine inflicted by the Russian Competition Authority for abuse of dominance (MOESK)
Russian Federal Antimonopoly Service (Moscow)
The Court obligated “MOESK” to transfer 232 million RUB of unlawfully obtained income to the federal budget* On 15th July 2014, the 9th Arbitration Appeal Court confirmed legitimacy of the determination issued by the Federal Antimonopoly Service (FAS Russia) with regard to “MOESK” OJSC. The grid (...)

The Moscow Arbitration Court confirms the fine imposed on oil provider having unreasonably increased retail prices for gasoline and diesel fuel in Sochi (Lukoil)
Russian Federal Antimonopoly Service (Moscow)
“Lukoil” subsidiary lost a claim after increasing prices* “Lukoil-Yugnefteproduct” shall pay over 14 million RUB for unreasonably increasing gasoline prices in Sochi. On 7th August 2014, Arbitration Court confirmed reasonableness of a determination issued by the Office of the Federal Antimonopoly (...)

The Russian Competition Authority fines an electricity provider for abuse of dominance (MRSK North-West)
Russian Federal Antimonopoly Service (Moscow)
“MRSK North-West” OJSC will have to pay over 93 million RUB as a fine for imposing disadvantageous contract conditions* On 3rd July 2014, the Federal Antimonopoly Service (FAS Russia) held “MRSK North-West” OJSC administratively liable and fined the company over 93 million RUB. The Antimonopoly (...)

The Hungarian Competition Authority accepts commitments concerning changes made to the gas oil wholesale listed prices in relation to an allegation of abuse of dominance (MOL)
Hungarian Competition Authority (Budapest)
GVH has accepted commitments offered by the MOL* The Gazdasági Versenyhivatal (GVH, the Hungarian Competition Authority) has accepted commitments offered by MOL Magyar Olaj-és Gázipari Nyrt (MOL – the Hungarian Oil Company). According to the commitments, in the next 5 years the changes made to the (...)

The Arbitration Court of West-Siberian District upholds the fine imposed by the Russian Competition Authority against a gas supplier for abuse of dominance (Omskoblgaz)
Russian Federal Antimonopoly Service (Moscow)
Cassation Court confirmed legitimacy of the fined imposed by “Omskoblgaz” OJSC for abusing dominance* On 30th April 2014, the Federal Arbitration Court of West-Siberian District upheld the determination of the Office of the Federal Antimonopoly Service in the Omsk region (Omsk OFAS Russia) to (...)

The Moscow Arbitration Court upholds the fine imposed by the Russian Competition Authority on the electricity provider for abuse of dominance (MRSK Urals)
Russian Federal Antimonopoly Service (Moscow)
The fine imposed upon “MRSK Urals” OJSC is legitimate* On 28th April 2014, the Federal Arbitration Court of the Moscow District pronounced legitimacy of a determination issued by the Federal Antimonopoly Service (FAS Russia) to hold “MRSK Urals” OJSC administratively liable for abusing market (...)

The Russian Competition Authority concludes that three producers of crude oils have a dominant position (Gazprom Neft)
Russian Federal Antimonopoly Service (Moscow)
“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 Moscow Arbitration Court upholds the fine pronounced by the Russian Competition Authority against a gas supplier for abuse of dominance (Gazprom Mezhregiongaz Ulyanovsk)
Russian Federal Antimonopoly Service (Moscow)
“Gazprom Mezhregiongaz Ulyanovsk” will not avoid a fine for unlawfully restricting gas supplies* On 23rd April 2014, Arbitration Court pronounced legitimacy of a determination of the Office of the Federal Antimonopoly Service in the Ulyanovsk Region (Ulyanovsk OFAS Russia) and upheld the 562,500 (...)

The Moscow Arbitration Court upholds that an electricity provider has abused of its dominance (MOESK)
Russian Federal Antimonopoly Service (Moscow)
Cassation Court: “MOESK” OJSC abused market dominanc* On 23rd April 2014, the Federal Arbitration Court of the Moscow District supported the rulings of the Court of First Instance and Appeal Court that had pronounced legitimacy of the decision and determination of the Federal Antimonopoly (...)

The Russian Competition issues a warning against an oil producteur refusing to supply a company (LUKOIL)
Russian Federal Antimonopoly Service (Moscow)
FAS issued a warning to “LUKOIL” OJSC* On 15th April 2014, the Federal Antimonopoly Service (FAS Russia) issued a warning to “LUKOIL” OJSC to eliminate by 20th May 2014 elements of violating the antimonopoly law. The company imposed disadvantageous contract conditions for supplying oil products, (...)

The Arbitration Court of the North Caucasus District confirms the fine imposed by the Russian Competition Authority on an electricity supplier (DESK)
Russian Federal Antimonopoly Service (Moscow)
Cassation Cur confirmed legitimacy of an over 10 million fine imposed upon “DESK” OJSC* On 10th April 2014, the Federal Arbitration Court of the North Caucasus District confirmed legitimacy of an over 10 million fine imposed upon “Dagestan Energy Supplying Company” OJSC (“DESK” OJSC) for violating (...)

The Russian Competition Authority fines an electricity supplier for abuse of dominance (Dagenergoset)
Russian Federal Antimonopoly Service (Moscow)
OFAS fined “Dagenoset” OJSC 29 million RUB for violating the Federal Law “On Protection of Competition”* On 4th April 2014, the Office of the Federal Antimonopoly Service in the Republic Dagestan (Dagestan OFAS Russia) fined “Dagenergoset” OJSC over 29 million RUB for abusing market dominance. (...)

The Russian Competition Authority fines an electric provider for abuse of dominance (DESK)
Russian Federal Antimonopoly Service (Moscow)
The Antimonopoly Service fined “DESK” OJSC 10 million RUB* The Office of the Federal Antimonopoly Service in the Republic of Dagestan (Dagestan OFAS Russia) fined “Dagestan Power Supply Company” OJSC (“DESK” OJSC) 10 million RUB for violating the Federal Law “On Protection of Competition”. Earlier (...)

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 (Moscow)
“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 (Moscow)
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 (Moscow)
“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 Latvian Competition Council fines sole supplier of natural gas for refusal to conclude new contracts (Latvijas Gāze)
Konkurences padome (Riga)
The Competition Council sets to change the practice of debt collection of AS „Latvijas Gāze”* AS „Latvijas Gāze” as the only natural gas supplier in Latvia has abused its dominant position in the market by refusing to conclude natural gas vendor contracts with new clients before debts accumulated by (...)

The Yaroslavl Regional Arbitration Court upholds the decision of the Russian Competition Authority having imposed a fine on a heat energy provider for abuse of dominance (Yaroslavl GK)
Russian Federal Antimonopoly Service (Moscow)
Arbitration Court took the side of Yaroslavl OFAS Russia in a dispute with “Yaroslavl Generating Company”* Yaroslavl Regional Arbitration Court confirmed legitimacy of over 563,400 RUB fine imposed by the Office of the Federal Antimonopoly Service in the Yaroslavl Region (Yaroslavl OFAS Russia) (...)

The Court of Bosnia and Herzegovina quashes the no-infringement decision of the Competition Authority based on the concept of “single economic entity” (Elektrokontakt)
Faculty of Law - University of Macau
On 25 February 2011 the Competition Authority of Bosnia and Herzegovina (KV) closed its investigation into the alleged abuse of dominant position on the part of the dominant electricity distributor JP Elektroprivreda BiH d.d. and its 100% affiliate Eldis-tehnika d.o.o. The KV’s investigation (...)

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 (Moscow)
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 Turkish Competition Authority fines sole oil refiner for abusing its dominance by pricing and contractual practices (Tüpraş)
Turkish Competition Authority (Ankara)
Turkey’s “largest industrial enterprise” Tüpras hit with record fine for abuse of dominance* According to Turkish Competition Authority’s (TCA) press release (English version will be added as published) the Turkish Petroleum Rafineries Co. (Tüpraş), the largest enterprise in Turkey was fined by the (...)

The Turkish Competition Authority fines an ex-state-owned oil refinery for abusing its dominant position by charging excessive prices and imposing unfair trading conditions (Tüpraş)
University of Sussex
This study analyses the decision of the Turkish Competition Authority (TCA) in which it has decided that the ex-state-owned oil refinery, TUPRAS, abused its dominant position by charging excessive prices contrary to its tariffs for a period of three months and by imposing unfair trading (...)

The Polish Competition Authority renders legally binding commitments in an abuse of dominant position case in the retail and wholesale markets of gas supply (PGNiG)
European Commission
Poland: PGNiG offers Commitments in Abuse of Dominance Case* On 31 December 2013, the President of the Office of Competition and Consumer Protection (UOKiK) adopted a decision rendering the commitments offered by Polskie Górnictwo Naftowe i Gazownictwo (PGNiG) binding in the framework of (...)

The Polish competition authority formally accepts the commitments offered in an abuse of dominant position case (Polish Petroleum and Gas Mining)
Freshfields Bruckhaus Deringer (Brussels)
In its decision of 31 December 2013 relating to an alleged abuse of dominant position on the retail and wholesale markets of gas supply, the Polish competition authority (Urząd Ochrony Konkurencji i Konsumentów, the "UOKiK") formally accepted the commitments offered by Polskie Górnictwo Naftowe i (...)

The French Competition Authority fines French energy provider for abusing its dominant position on the solar energy market (EDF)
EDHEC (Nice)
Summary The French competition authority held EDF responsible for illegally favoring its subsidiary on the solar energy market and was sentenced to pay a 13.5 million euro fine. Facts EDF is the leading energy producer and provider in France. They own a 90 to 95% market share on the market of (...)

The French Competition Authority fines an electricity provider for abuse of dominance 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 fines EDF 13.5 million euros for having unjustly favoured its subsidiary that operates in the emerging market for photovoltaic solar power* Following a complaint by the Solaire (...)

The US District Court of Western Texas dismisses antitrust claims predicated upon alleged trademark misuse in relation to flow conditioners in oil pipelines (RJ Machine / Canada Pipeline Accessories)
Orrick, Herrington & Sutcliffe (San Francisco)
Trademark Misuse Is ^Almost^ Never an Antitrust Injury* Trademarks are commonly thought to convey no market power. In RJ Machine Co. v. Canada Pipeline Accessories Co., Case No. 1:13-cv-00579-SS (W.D. Tex. Nov. 22, 2013) (Sparks, J.), the court dismissed antitrust claims predicated upon (...)

The Italian Competition Authority fines a producer of renewable energy for a breach of disclosure duty (ERG)
University of London - School of Economics Birkbeck College
On the 22nd of October 2013, the Italian Competition Authority (the “Authority”) opened an investigation against ERG S.p.A. for a breach of disclosure duty in accordance with section 3 (1) of Legislative Decree 13 August 2010, n. 130, relating to incentives of competition for the natural gas (...)

The Italian Regional Administrative Court of First Instance annuls in parte qua the Italian Competition Authority’s decision concerning an abuse of dominant position in gas distribution services sector (Italgas)
Lipani Catricalà & Partners (Rome)
*Italian antitrust administrative case law. Overview of all decisions from October to December 2013 (Third contribution) 1. Premise – This work is part of a project (hereinafter, the “Project”) aimed to offer a general, quarterly overview of all the decisions of Italian administrative courts, (...)

The European Commission sends statement of objections to an operator for allegedly discriminating against foreign companies in the Romanian market for power exchanges (OPCOM, CNTEE Transelectrica)
Van Bael & Bellis (Brussels)
On 30 May 2013, the European Commission announced that it had issued a Statement of Objections against OPCOM S.A. and its parent company CNTEE Transelectrica S.A. regarding OPCOM’s business practice of requiring OPCOM’s electricity spot market participants to hold a Romanian VAT (...)

The Bulgarian Competition Authority sanctions electricity supplier for an abuse of dominance in the form of temporary suspension of supply for accumulated debts (ENERGO PRO Sales AD)
Faculty of Law - University of Macau
On 11 July 2013 the Bulgarian Competition Authority (CPC) prosecuted the dominant electricity supplier ENERGO PRO Sales AD (EP Sales) for an abuse of dominant position in the form of temporary termination of supply for the accumulated debts of its consumer – Water and Sewage Services Dobrich (...)

The Hellenic Competition Commission imposes fine on operator for abuse of dominant position in primary market of natural gas transmission (DESFA)
European Commission
Greece: The Competition Commission imposes Fine on Gas Transmission Operator DESFA for Abuse of Dominant Position in Primary Market of Natural Gas Transmission* By virtue of the above decision, the HCC fined the ‘Hellenic Gas Transmission System Operator SA’ (DESFA) a total of € 4 299 163 for (...)

The Slovak Supreme Court upholds the NCA’s decision on the abuse of dominant position by a dominant player in the national petrol and diesel oil wholesale markets (Slovnaft)
White & Case (Bratislava)
On April 18, 2013, in its decision on the appeal filed by the Slovak Antimonopoly Office (the “AMO”), the Slovak Supreme Court (the “Supreme Court”) overturned the judgment of the Bratislava Regional Court (the “Regional Court”) of March 22, 2012 and upheld the AMO decision sanctioning Slovnaft, a.s. (...)

The Slovak Supreme Court upholds the NCA decision on the abuse of dominant position by a dominant player on the petrol and diesel oil wholesale markets (Slovnaft)
White & Case (Bratislava)
On April 18, 2013, in its decision on the appeal filed by the Slovak Antimonopoly Office (the “AMO”), the Slovak Supreme Court (the “Supreme Court”) overturned the judgment of the Bratislava Regional Court (the “Regional Court”) of March 22, 2012 and upheld the AMO decision sanctioning SLOVNAFT, a.s. (...)

The Competition Commission of India finds no prima facie case in a predatory pricing case concerning oil and gas exploration activities (HLS Asia v Schlumberger Asia Services and Oil and Natural Gas Corporation)
University of Delhi (New Delhi)
The Competition Commission of India (CCI) began enforcing India’s new Competition Act in May 2009. It recently decided a matter in which predatory pricing was the central allegation. Although the CCI found no prima facie case and closed the matter at the threshold, the decision raises some (...)

The European Commission accepts commitments offered by the Czech electricity incumbent to resolve competition concerns (CEZ)
Van Bael & Bellis (Brussels)
On 10 April 2013, the European Commission announced that it has accepted a set of commitments offered by CEZ, the Czech electricity incumbent, in July 2012 to resolve concerns regarding an alleged infringement of Article 102 TFEU. In particular, the Commission had reached the preliminary (...)

The President of the Polish Office of Competition and Consumer Protection opens proceedings against gas supplier (PGNiG)
European Commission
Poland: The Office of Competition and Consumer Protection opens Proceedings against Gas Supplier PGNiG* On 3 April 2013, the President of the Polish Office of Competition and Consumer Protection (UOKiK) instituted antimonopoly proceedings against the gas supplier Polskie Górnictwo Naftowe i (...)

The German Competition Authority institutes proceedings against seven district heating suppliers on suspicion of their charging abusively excessive prices (Dalkia)
German Competition Authority (Bonn)
Bundeskartellamt examines excessive district heating prices* The Bundeskartellamt has instituted proceedings against seven district heating suppliers on suspicion of their charging abusively excessive prices. The investigations will focus on around 30 different supply areas throughout nearly (...)

The French Competition Authority refuses to issue interim measures regarding alleged practices in the photovoltaic electricity sector (SUN’R / EDF)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. The Autorité de la concurrence will not issue interim measures against EDF but will pursue its investigation on the basis of the complaint lodged by SUN’R*. The Autorité de la concurrence, following a complaint (...)

The Belgian College of Competition Prosecutors finds that energy company abused its dominant position on the market for the generation, wholesale and trading of electricity (Electrabel)
Van Bael & Bellis (Brussels)
On 7 February 2013, the Belgian College of Competition Prosecutors filed a reasoned report with the Competition Council, finding that the energy company Electrabel abused its dominant position primarily by withholding capacity and thus artificially drove up prices on the market for the (...)

The Lithuanian Supreme Court upholds Competition Council’s decision finding abuse of dominant position in fuel sector (Orlen Lietuva)
European Commission
Lithuania: The Supreme Administrative Court upholds Competition Council’s Decision finding Abuse of Dominant Position in Fuel Sector* On 21 January 2013, the Supreme Administrative Court of Lithuania (the Supreme Court) issued a final ruling stating that the Competition Council (CC) by its (...)

The Greek Competition Commission fines the Hellenic gas transmission system operator for abusing its dominant position in the primary market of natural gas transmission (DESFA)
University of Reading
,
University of Reading
Involved parties and alleged practices In December 2009 the major Greek manufacturer of alumina and aluminium products ALUMINIUM S.A. (hereinafter: the complainant), which is also active in the market of production of electricity using natural gas, lodged a complaint before the [national] (...)

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 EU General Court annuls a Commission decision concerning the exclusive rights granted by Greece in favour of a company for the extraction of lignite for absence of proof of an abusive conduct (Dimosia Epicheirisi Ilektrismou)
Philippe & Partners (Brussels)
,
UCB (Brussels)
I. The Parties Dimosia Epicheirisi Ilektrismou AE (DEI) is the biggest power producer and electricity supplier in Greece. It holds assets in lignite mines, power generation, transmission and distribution. The Hellenic Republic holds 51.12% of its shares. Energeiaki Thessalonikis AE and (...)

The Romanian Competition Council closes investigation on abuse of dominant position on the local market of natural gas installations planning and execution accepting commitments undertaken by the monopolist (PROGAZ P&D)
Grigorescu Ştefănică (Bucharest)
Romania: The Romanian Competition Council accepted the commitments undertaken by PROGAZ P&D SA* The Romanian Competition Council (“RCC”) accepted the commitments undertaken by PROGAZ P&D SA in view of relieving the concerns regarding infringement of the antitrust rules by abuse of a (...)

The Romanian Competition Authority accepts behavioural commitments in unfair pricing case in the natural gas sector (Progaz)
Faculty of Law - University of Macau
On 5 September 2012 the Romanian Competition Authority (CC) has accepted behavioral committments of a dominant undertaking in the natural gas sector and closed its investigation into the alleged abuse of dominant position initiated under the national equivalent of Article 102 TFEU. In June (...)

The EU Commission opens proceedings against a Russian producer and supplier of natural gas concerning alleged abuse of dominance (Gazprom)
Van Bael & Bellis (Brussels)
On 4 September 2012, the European Commission announced that it has opened formal proceedings against Gazprom, the Russian producer and supplier of natural gas, to investigate whether Gazprom has abused its dominant market position in upstream gas supply markets in Central and Eastern (...)

The European Commission opens proceedings to investigate whether Russian producer and supplier of natural gas has abused its dominant position in central and eastern European gas markets (Gazprom)
U.S. Customs and Border Protection (Washington)
With the creation of the European Coal and Steel Community in 1951, Europe took its first steps towards a unification that would create a single continental entity and major player in world politics. Now, over sixty years later, much progress has been made but the end result is that the dream (...)

The European Commission investigates Russian producer and supplier of natural gas for allegedly abusing its dominant position in the European markets (Gazprom)
Computer and Communications Industry Association (CCIA) (Brussels)
The European Commission has opened an abuse of dominance investigation against Gazprom. The investigation deals with the natural gas markets of eight central and eastern European markets. The investigation is framed within the energy policy that the European Union is pursuing which focuses on (...)

The Argentine Federal Court of Appeals decides that antitrust agency cannot issue preliminary injunctions (Shell, Argentina de Petróleo, YPF, Esso Petrolera)
University of San Andrés
In this decision, the Argentine Federal Court of Appeals on Civil and Commercial Matters, 3rd Chamber, reversed a preliminary injunction issued by the Argentine Secretary of Commerce, who is in charge of the application of Competition Law 25156. The injunction at stake established that oil (...)

The Lithuanian Supreme Administrative Court repeals decision of the Lithuanian Competition Council, which recognized that energy operator breached Article 9 of the Competition law by abuse of dominant position (UAB Vilniaus energija)
Law firm of Raimundas Moisejevas (Vilnius)
Background On 6 May 2010, the Lithuanian Competition Council passed resolution, which recognized that actions of UAB “Vilniaus energija” do not correspond to the Article 9 of the Competition law that prohibits abuse of dominant position. The Competition Council claimed that UAB “Vilniaus (...)

The Supreme Administrative Court of Lithuania brings clearance on assessing excessive pricing under 102 Art. TFEU (Vilniaus energija)
Valiunas Ellex (Vilnius)
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 EU Commission publishes commitments from Czech energy company to resolve alleged infringements on the market for the generation and wholesale supply of electricity (CEZ)
Van Bael & Bellis (Brussels)
On 10 July 2012, the Commission published in the Official Journal proposed commitments by Czech energy company CEZ to resolve alleged abuses of a dominant position under Article 9 of Regulation 1/2003. The move follows from dawn raids in November 2009 and the official opening of an (...)

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 Slovak Competition Authority confirms competence with regard to regulated fees in energy sector (ZSE Distribúcia)
Diwok Hermann Petsche (Baker McKenzie Vienna)
Introduction The Council of the Slovak Competition Authority ("SCA") confirmed the first instance decision imposing a fine on ZSE Distribucia, a.s., Bratislava ("ZSE") for abuse of dominant position. The abuse of dominant position consisted in the charging of unreasonably high fees for (...)

The Italian Competition Authority publishes for market test the commitments of the incumbent electricity operator (Eni)
European Commission
Italy: Market Test of Commitments in alleged Abuse by ENI in Gas Transportation Case* On 12 June 2012, the Italian Competition Authority (ICA) published for market test the commitments proposed by Eni (Ente Nazionale Idrocarburi). In its commitments, Eni offered to auction off transportation (...)

The Spanish Competition Authority fines electrical utility incumbent approximately € 1 M for failing to comply with a decision of the Competition Court (Endesa)
Van Bael & Bellis (Brussels)
On 26 April 2012, the Spanish National Competition Authority (CNC) fined electrical utility incumbent Endesa approximately € 1 million for failing to comply with a December 2006 CNC decision. In that case, the CNC found that Endesa had taken advantage of privileged information to which it (...)

The Croatian Competition Authority rejects a complaint for abuse of dominant position in the market for supply/sale of natural gas (Prirodni Plin)
Babic & Partners
Croatia: When is a Good Time to Argue with the Agency?* On April 5, 2012 the Croatian Competition Agency (“Agency”) rendered a decision rejecting a complaint against the company Prirodni Plin d.o.o. (Natural Gas Ltd – “NG”) for abuse of dominant position on the market for supply/sale of natural (...)

The Spanish Competition Authority fines an energy operator for abuse of dominant position (Endesa)
European Commission
Spain: The Comisión de la Competencia (CNC) fines ENDESA for Abuse of Dominant Position* In its decision of 21 February 2012, the CNC Council ruled that Endesa Distribución Eléctrica S.A. (Endesa) committed two abuses of its dominant position on the electric installations market, thereby (...)

The Spanish Supreme Court changes stance and rules that an isolated conduct in the daily energy market constitutes a continuous abuse of dominance (Iberdola Generación)
DG COMP (Brussels)
I. The Spanish generation market As has been described in previous bulletin articles the Spanish generation market is extremely complex and heavily intervened by burdensome regulation. In a nutshell, tenders (pools) are organised every hour of the day by a public entity in order to fulfil the (...)

The Antimonopoly Office of the Slovak Republic fines electricity distribution company for abuse of a dominant position by charging excessive prices for electricity metering (ZSE)
Agency for the Cooperation of Energy Regulators (ACER) (Slovenia)
,
Kinstellar (Bratislava)
Factual background By its decision No. 2012/DZ/R/2/030, the Council of the Antimonopoly Office of the Slovak Republic (the “Council”), acting in its capacity as the appellate body of the Antimonopoly Office of the Slovak Republic (the “AMO”) rejected on 29 June 2012 the appeal of ZSE Distribúcia (...)

The Italian Competition Authority fines under art. 82 TFEU the incumbent gas service supplier for refusing to provide the cities of Rome and Todi with information required to prepare contract notices for the tendering of gas distribution services (Comuni vari - espletamento gare affidamento servizio distribuzione gas)
Macchi di Cellere Gangemi (Rome)
On December 14th, 2011 the Italian Competition Authority (hereinafter, ICA) fined for abuse of dominant position according to art. 102 TFUE one of the main Italian companies providing for gas supply service, by mean of concession contracts, in more than a thousand Italian cities (amongst which (...)

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 (...)

The Brussels Court of Appeal decides the appointment of experts to investigate abuse of dominant position in the railway sector (NMBS / SNCB, Electrabel)
Van Bael & Bellis (Brussels)
On 11 October 2011, the Brussels Court of Appeal (Hof van Beroep/Cour d’Appel) gave an interlocutory judgment designating a panel of experts in a case pitting NMBS/SNCB, the national railway company, against Electrabel. The appeal judgment overturns the initial judgment of the Court of (...)

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)
,
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
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
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 European Commission initiates proceedings against the Czech electricity incumbent for possible abuse of dominant position (CEZ)
Van Bael & Bellis (Brussels)
,
Practising Law Institute (New York)
On 15 July 2011, the Commission announced that it had initiated proceedings against Czech electricity incumbent CEZ for possible infringement of Article 102 TFEU. According to the Commission’s statement, its investigation concerns the possibility that CEZ may have abused its dominant position on (...)

The Slovak Antimonopoly Office imposes a fine for abuse of dominant position by discriminatory pricing in wholesale of fuels (Slovnaft)
Havel, Holasek & Partners (Brno)
,
Havel, Holasek & Partners (Brno)
Relevant facts On 8 July 2011 the Council of the Antimonopoly Office of the Slovak Republic (hereinafter referred to as "Office") upheld the first instance Office’s decision imposing the fine of EUR 9 028 746 on the undertaking Slovnaft for a discriminatory pricing in wholesale of fuels in the (...)

The Polish Competition Authority opens formal proceedings against the leader in crude oil and natural gas production concerning alleged abuse of dominance in gas sector (PGNiG)
European Commission
Poland: UOKiK opens formal Proceedings against PGNiG concerning alleged Abuse of Dominance in Gas Sector* On 4 July 2011, UOKiK opened a formal investigation into allegations that PGNiG had abused its dominant position in the retail market for gas supply, in breach of Article 9 of the Act (...)

The Croatian Competition Authority finds discriminatory pricing practices on the market for jet fuel supplied in Croatian airports (INA – Industrija nafte, Dubrovnik Airline)
Faculty of Law - University of Macau
On 19 May 2011 the Croatian Competition Authority (AZTN) found an exploitative abuse of dominant position in the discriminatory pricing applied by a petroleum company supplying jet fuel to the domestic airline companies. The AZTN‘s investigation was prompted by a complaint lodged in December of (...)

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)
Faculty of Law - University of Macau
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)
Faculty of Law - University of Macau
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)
Faculty of Law - University of Macau
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 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 Federal Court of Justice holds that prices of a dominant company charged in a new market may be lower than the prices in the dominated market for a limited market entry period (Entega II)
Gleiss Lutz (Frankfurt)
On 7 December 2010, the Federal Court of Justice (FCJ) overruled partially a judgement of the Higher Regional Court of Frankfurt of 26 January 2010 and partially upheld the decision. The question at stake was whether a regional gas supplier with a market dominant position is allowed to charge (...)

The European Commission adopts decision accepting structural commitments from the italian incumbent electricity operator (ENI)
Van Bael & Bellis (Brussels)
,
Practising Law Institute (New York)
On 29 September 2010, the Commission announced that it had adopted a decision under Article 9 of Regulation 1/2003 [1] to accept commitments from ENI concerning Italy’s natural gas market. Notably, the commitments were of a structural nature, in that ENI proposed to divest its shares in three (...)

The European Commission adopts a commitment decision addressed to Italian energy company regarding potential abuse of its dominant position in the market for gas transportation services(ENI)
DG COMP (Brussels)
,
NERA (Berlin)
Strategic underinvestment and gas network foreclosure – the ENI case* Introduction On 29 September 2010, the Commission adopted a commitment decision addressed to ENI Spa (ENI) under Article 9 of Regulation 1/2003. With this decision, the Commission made binding on ENI the commitments it had (...)

The German Competition Authority accepts commitments from electric heating providers to implement measures to open the market and reimburse customers
Van Bael & Bellis (Brussels)
,
Practising Law Institute (New York)
On 29 September 2010, the German Federal Cartel Office (“FCO”) announced that an investigation into twenty-four electric heating operators suspected of abusing their respective dominant positions was closed after the FCO accepted commitments to resolve the competition concerns. The (...)

The Macedonian Supreme Court upholds the NCA’s decision finding an abuse of dominance on the electricity distribution market (Elektrostopanstvo)
Faculty of Law - University of Macau
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 (...)

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)
,
Valko Marián (Bratislava)
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)
Faculty of Law - University of Macau
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)
DG COMP (Brussels)
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 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)
,
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 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)
Faculty of Law - University of Macau
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 adopts decision accepting commitments from a leading energy group (E.ON)
Van Bael & Bellis (Brussels)
,
Practising Law Institute (New York)
On 4 May 2010, the Commission announced that it had adopted a decision under Article 9 of Regulation 1/2003 to accept commitments from E.ON concerning the German gas market. This follows a market testing of the commitments in January 2010. According to the Commission’s press release, interested (...)

The European Commission accepts commitments offered by Swedish incumbent electricity operator in the electricity transmission market (Svenska Kraftnät)
DG COMP (Brussels)
,
E.CA Economics (Berlin)
,
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)
Faculty of Law - University of Macau
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 Italian Competition Authority closes its first leniency application case finding a price fixing cartel among the three main operators in the market for liquefied petroleum gas (Prezzo per il GPL)
Ashurst (Brussels)
,
Pirelli
,
UPS
Background On March 24, 2010, the Italian Competition Authority (ICA) issued its first cartel decision based on a leniency application, approximately 3 years after the ICA officially adopted its Leniency Program. The case concerns a ten-year cartel between the three main Italian suppliers of (...)

The Hellenic Competition Commission concludes that a joint purchase agreement between refineries does not restrict competition (Hellenic Petroleum and Motor Oil Hellas)
OECD - Competition Division (Paris)
On 23 March 2010, the Hellenic Competition Commission («HCC») concluded an own-initiative investigation with a ruling that the joint purchase agreement between Hellenic Petroleum («ELPE») and Motor Oil Hellas in relation to the operation of a pipeline to the Athens International Airport does not (...)

The European Commission makes legally binding commitments proposed by French incumbent electricity operator in long term contracts case (EDF)
DG HOME (Brussels)
,
DG ENER (Brussels)
,
DG COMP (Brussels)
"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 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 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 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)
Faculty of Law - University of Macau
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)
,
Vinge (Stockholm)
,
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 UK Court of Appeal upholds abuse of dominance finding against incumbent gas provider but reduces the size of the fine imposed (National Grid/Gas and Electricity Markets Authority, Capital Meters, Siemens, Meter Fit)
Shoosmiths (Thames Valley)
On 23 February 2010, the Court of Appeal held that the UK Competition Appeal Tribunal ("CAT") had correctly upheld a decision of the UK energy regulator, OFGEM, that National Grid had abused its dominant position in the market for the provision of domestic-sized gas meters. The CAT had reduced (...)

The EU Commission announces a market test on commitments offered by an energy company (ENI)
Van Bael & Bellis (Brussels)
,
Practising Law Institute (New York)
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 Spanish Supreme Court annulls a judgment of the Appellate Administrative Court and quashes a decision of the Spanish Competition Authority that imposed a substantial fine on several power generating companies for abusing their dominant position in the Spanish electricity market for technical restrictions (Unión Fenosa)
Airbus Defence and Space (Toulouse)
,
Pernod Ricard (Paris)
In a judgment delivered on January 27, 2010, the Spanish Supreme Court annulled a judgment of the Appellate Administrative Court of May 23, 2007 and quashed a Decision of July 7, 2004 of the Spanish Competition Authority (“NCA”) imposing a substantial fine on several power generating companies (...)

The European Commission market tests commitments offered by an energy company (E.ON)
Van Bael & Bellis (Brussels)
,
Practising Law Institute (New York)
On 22 January 2010, the Commission published in the Official Journal a series of commitments offered by E.ON to address concerns raised by the Commission with respect to the German gas markets. According to the Commission’s preliminary assessment, E.ON may have infringed Article 102 TFEU by (...)

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)
Faculty of Law - University of Macau
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 European Commission renders legally binding commitments offered by French and German incumbent gas operators concerning long-term capacity bookings (GDF, E.ON)
DG COMP (Brussels)
,
DG ENER (Brussels)
,
DG COMP (Brussels)
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 European Commission market tests commitments proposed by the French incumbent operator concerning French electricity retail market (EDF)
Van Bael & Bellis (Brussels)
,
Practising Law Institute (New York)
On 4 November 2009, the Commission announced that it was launching a market test of commitments offered by French energy company EDF to address allegedly abusive long-term contracts entered into by EDF. The move follows the sending of a Statement of Objections to EDF in December 2008. The (...)

The Polish Supreme Court decides on the validity of the refusal of the gas network access (Bartimpex)
WKB 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 Dutch Competition Authority clears a natural gas supplier of allegations of abusive pricing for the supply of gas (Productschap Tuinbouw / GasTerra)
Van Doorne (Amsterdam)
I. Introduction In its decision of 26 June 2009, the Dutch competition authority (Nederlandse Mededingingsautoriteit, « NMa ») assessed a complaint brought by the Dutch Federation of Agriculture and Horticulture (Land- en Tuinbouw Organisatie, « LTO ») and Glaskracht Nederland (« Glaskracht ») (...)

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 (...)

A US Court of Appeals affirms the decision of the lower court allowing a summary judgment on all claims including the exclusion of competition from the market for gasoline (Partner / ExxonMobil Oil)
Sheppard Mullin (Los Angeles)
PMPA Franchise Agreement Disavowing Plaintiff’s Claim to an Exclusive Market and Geographic Territory Trumps Alleged Oral Commitment* Partner v. ExxonMobil Oil Corp., 08-1590 (6th Cir. May 4, 2009) In 2000, plaintiff Partner & Partner, Inc. entered into a lease/franchise agreement with (...)

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)
,
Practising Law Institute (New York)
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 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)
,
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)
,
Garrigues (Brussels)
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 French Competition Authority imposes a fine on electricity supplier for publicly denigrating its competitor (Gaz et Electricité de Grenoble)
Van Bael & Bellis (Brussels)
,
Practising Law Institute (New York)
On 25 March 2009, the French Competition Authority imposed a €320,000 fine on Gaz et Electricité de Grenoble (GEG) for abusing its dominant position on the market for electricity supply to small professionals in the service area of Grenoble by publicly denigrating its competitor, Poweo, in (...)

The European Commission adopts a commitment decision concerning a possible abuse of a dominant position in the German gas transmission markets (RWE)
DG ENER (Brussels)
,
DG REGIO (Brussels)
,
DG SANCO (Brussels)
"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)
,
Practising Law Institute (New York)
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 French Competition Authority market tests commitments offered in the energy sector (EDF)
Van Bael & Bellis (Brussels)
,
Practising Law Institute (New York)
On 7 January 2009, the French Competition Authority released a market test notice concerning certain commitments offered by the French electricity incumbent, the EDF group (“EDF”). EDF is the largest supplier of electricity in France and one of the largest players in the European electricity (...)

The European Commission sends statement of objections to the French incumbent electricity operator (EDF )
Van Bael & Bellis (Brussels)
,
Practising Law Institute (New York)
On 29 December 2008, the Commission confirmed that it has sent a Statement of Objections to EDF, the largest supplier of electricity in France. The Statement of Objections concerns various long-term contracts entered into between EDF and industrial customers in France, the existence of which (...)

The German Federal Court of Justice decides on the relevant definition of the gas supply market (Stadtwerke Uelzen)
Gleiss Lutz (Munich)
,
Milbank, Tweed, Hadley & McCloy (Munich)
On 10 December 2008, the German Federal Court of Justice (FCJ) issued a decision on the definition of the relevant gas supply market. The case concerned the question whether a regional gas supplier had a dominant position which could have been abused. Facts and proceedings Stadtwerke Uelzen (...)

The Lithuanian Supreme Administrative Court upholds the annulment of the NCA’s Art. 82 EC decision and sends the case back for re-investigation (Mazeikiu nafta II)
Lithuanian Competition Council (Vilnius)
On 8 December 2008 the Lithuanian Supreme Administrative Court (LSAC or the Court) upheld the earlier judgment of the Vilnius District Administrative Court (VDAC) in annulling the Competition Council’s Art. 82 EC infringement decision the in Mazeikiu nafta II case. Mazeikiu nafta II was the (...)

The German Federal Cartel Office settles a number of proceedings against gas suppliers for alleged abuse of dominance and accepts commitments offering compensation to consumers worth € 127 M (Gas price procedures)
University of East Anglia - CCP (Norwich)
Summary The German Federal Cartel Office (FCO) settled a number of proceedings against German gas suppliers for the alleged abuse of a dominant position under sections 19 and 29 of the Act Against Restraints of Competition (ARC) (gas price procedures). Until December 2008 the FCO had accepted (...)

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 (Brussels)
,
DG COMP (Brussels)
,
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 (...)

The Slovak Competition Authority fines a gas transport network operator for abuse of its dominant position (Eustream)
Van Bael & Bellis (Brussels)
,
Practising Law Institute (New York)
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 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)
WKB Wiercinski Kwiecinski Baehr (Poznan)
,
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 (...)

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 (Budapest)
,
DIGI (London)
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 European Commission welcomes amendments to the French incumbent electricity operator supply contract (EDF)
Van Bael & Bellis (Brussels)
,
Practising Law Institute (New York)
On 31 July 2008, the Commission announced that it was welcoming changes made by EDF, a supplier of electricity in France, to its contractual framework with Exeltium, a consortium of large industrial electricity consumers in France. According to the Commission’s press statement, EDF has made (...)

The European Commission publishes commitments offered by an energy operator to resolve two outstanding investigations under Article 82 EC (E.ON)
Van Bael & Bellis (Brussels)
,
Practising Law Institute (New York)
On 12 June 2008, the Commission adopted a press release announcing the beginning of market-testing for commitments offered by E.ON to resolve two outstanding investigations under Article 82 EC. The Commission previously welcomed the submission of such proposals on 28 February 2008. In the (...)

The Spanish Competition Authority fines a power company for excessive pricing in the technical restrictions market (Gas Natural)
Hogan Lovells (Madrid)
The Spanish Competition authority (Comisión Nacional de la Competencia, "the Commission") has imposed a fine of € 1.5 million on Gas Natural for abusing its dominant position in the electricity technical restrictions market, thereby breaching Article 6 of the former Spanish Law n° 16/1989 on (...)

The German Federal Court of Justice finds that there is no uniform product market for heat energy sources on the retail level and rather defines the market merely for the supply of end consumers with natural gas as the relevant product market (Erdgassondervertrag)
Free University of Berlin
I. Background The decision is the (temporary?) end of a series of conflicting German court decisions that disagree on the issue whether there is one uniform market for heat energy sources or separate markets for each of the relevant sources (fuel oil, coal, district heating, natural gas, (...)

The Austrian Federal Competition Authority settles a dispute regarding jet fuel supply at the Vienna International Airport (OMV)
Reidlinger Schatzmann Rechtsanwälte (Vienna)
,
Bpv Hügel (Vienna)
In a decision of 4 April 2008, the Austrian Cartel Court declared certain commitments agreed between the Federal Competition Authority ("FCA") and Austrian oil incumbent (OMV) binding on OMV. Background The case’s beginnings lie in a conflict between two companies with strong State (...)

The Austrian Cartel Court accepts commitments in the jet fuel market (OMV)
Van Bael & Bellis (Brussels)
,
Practising Law Institute (New York)
On 3 April 2008, the Austrian Cartel Court accepted the commitments of OMV AG (“OMV”) aimed at remedying concerns that OMV had abused its dominant position on the market for the provision of jet fuel and fuel transport infrastructure at the Vienna airport. As a result, OMV has agreed to give (...)

A Macedonian Court quashes a NCA’s decision establishing an abuse of dominance of the incumbent electricity provider on the electricity market (Elektrostopanstvo)
Faculty of Law - University of Macau
Summary The Macedonian Administrative Court quashed the NCA’s decision imposing financial penalties for abuse of dominant position committed by Elektrostopanstvo on the electricity market. The main reason for the annulment consisted in the NCA’s failure to include all requisite information, (...)

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)
,
MVM OVIT (Budapest)
,
General Electric (Budapest)
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)
DG COMP (Brussels)
,
Chrysses Demetriades (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 Danish Competition Appeal Tribunal confirms finding of excessive pricing (Elsam)
Van Bael & Bellis (Brussels)
,
Practising Law Institute (New York)
On 3 March 2008, the Danish Competition Appeal Tribunal concluded that the Danish electricity production company Elsam A/S (“Elsam”) had abused its dominant position on the market for the wholesale of physical electricity in Western Denmark during the period of 1 January 2005 to 30 June 2006 by (...)

The European Commission welcomes submission of structural remedies to address two on-going investigations (E.ON)
Van Bael & Bellis (Brussels)
,
Practising Law Institute (New York)
On 28 February 2008, the Commission adopted a press release welcoming proposals submitted by E.ON under Article 9 of Regulation 1/2003 to address two on-going investigations relating to competition in the German electricity market. As announced in the Commission’s press release, E.ON has (...)

The UK energy regulator fines a network operator for abuse in gas metering market (National Grid)
Van Bael & Bellis (Brussels)
,
Practising Law Institute (New York)
On 25 February 2008, the UK energy regulator Ofgem fined National Grid £ 41.6 million (approximately € 51.4 million) for abusing its dominant position in the UK market for domestic gas metering in violation of Article 82 EC and the Chapter II prohibition of the UK Competition Act. Under the Act, (...)

The UK Gas and Electricity Markets Authority finds that the network operator has abused its dominant position in the market for the provision and maintenance of domestic-sized gas meters (National Grid)
Jacobs (Glasgow)
Summary The Gas and Electricity Markets Authority (‘the Authority’) finds that, National Grid (‘NG’) has abused its dominant position in the market for the provision and maintenance of domestic-sized gas meters. Background NG rents gas meters to domestic gas suppliers that are required to (...)

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)
,
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 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 German Parliament reforms the Competition’s Restraints Act in order to fight against price abuses in the energy and food trade sectors
Freshfields Bruckhaus Deringer (Berlin)
,
Freshfields Bruckhaus Deringer (Berlin)
The German parliament voted on a reform to the Act against Restraints of Competition (ARC) which is inter alia aimed at improving the fight against price abuses by companies in the energy and food trade sectors. Both reforms are unrelated to each other even though both were intensively (...)

The French Competition Authority accepts the commitments made by the French energy incumbent to address competition concerns regarding the wholesale electricity supplies for retail sale (Direct Energie / EDF)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. Deregulation in the market for electricity supplies: A new wholesale offer proposed by EDF will allow alternative retail suppliers to effectively compete with the incumbent operator’s retail sales on the free (...)

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)
Mercer Sverige (Stockholm)
,
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)
,
SNP Schlawien (Munich)
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 Vilnius District Administrative 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 (Vilnius)
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 (...)

A Czech Court quashes the NCA decision having imposed the highest fine ever to a single undertaking for anti-competitive practices on the natural gas wholesale market (RWE Transgas)
Dentons (Prague)
On 22 October 2007 the Regional Court in Brno quashed the second instance decision of the Czech Office for Protection of Competition (the “Office”) in the case of RWE Transgas a.s. (“RWE Transgas”), after RWE Transgas challenged the Office’s decision by an action at the court. The Office imposed on (...)

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 Vilnius District Administrative Court annuls the NCA’s first Art. 82 EC case in Lithuania on both legal reasoning and procedural grounds and, inter alia, for not having informed the EC Commission, in an excessive fuel prices case (Maeikiu nafta II)
Lithuanian Competition Council (Vilnius)
On 28 June 2007 the Vilnius District Administrative Court (the “VDAC” or the “Court”) overturned the 22 December 2005 Competition Council’s infringement decision n° 2S-16 in Mažeikiu nafta II (“MN”)(, the first Article 82 case in Lithuania, notable for its record fine of LTL 32 million (approx. EUR 9.27 (...)

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 (Vienna)
,
Freshfields Bruckhaus Deringer (Vienna)
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 Maltese Competition Authority fines the State undertaking entrusted with exclusive right for fuel provision for discriminatory pricing (Cassar Fuels / Enemalta)
Sciberras & Lia (Valletta)
By an application to the Commission for Fair Trading, the Director of the Office for Fair Trading premised that: (i) on 12th September 2005, the Office received a complaint from Cassar Fuels Limited, an agent and distributor of fuels to local industries including hotels, factories and (...)

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 French Competition Council orders the electricity incumbent to amend early termination clauses in supply contracts (EDF)
Kramer Levin Naftalis & Frankel (Paris)
,
Eversheds Sutherland (Paris)
,
Eversheds Sutherland (Paris)
Background and facts Pursuant to Directive 96/92/EC and subsequently Directive 2003/54/EC, all non-household customers (i.e. any natural or legal persons purchasing electricity which is not for their own household use) became eligible customers as of 1st July 2004, meaning that they are free (...)

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 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)
Sky (Milan)
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 Czech Office for the Protection of Competition confirms in appeal the abuse of dominant position of the natural gas incumbent althought reducing the fine imposed to EUR 8.5 M (RWE Transgas)
University Paris I Panthéon-Sorbonne
The Office for the Protection of Competition (hereinafter the Office) confirms in its decision of 12 March 2007 its first instance decision of 10 August 2006, by which it condemned RWE Transgas, the dominant supplier of natural gas on the Czech market, for an abuse of its dominant position on (...)

The appellate body of the Czech Office for Protection of Competition confirms abuse of dominant position by the energy incumbent (RWE Transgas)
Dentons (Prague)
On 13 March 2007, the second instance decision of the Czech Office for Protection of Competition (the “Office”) was rendered by the Chairman of the Office (the “Chairman”) in the case of RWE Transgas a.s. (“RWE Transgas”, or the “company”), after the company appeal against the first instance decision. (...)

The Spanish Competition Authority fines for the third time an electricity utility for excessive high prices (Iberdrola Castellón)
European Court of Justice (Luxembourg)
The time has 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 Spanish electricity market. Spanish antitrust authorities have fined for the third time in a row a major utility on grounds (...)

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 Lithuanian Constitutional Court rules on the first Art. 82 EC case on alleged excessive fuel prices (Mažeikiu nafta II)
Lithuanian Competition Council (Vilnius)
Just when everybody thought that Mažeikiu nafta II - the first Article 82 EC case in Lithuania - could be put to rest for at least another two years, it was brought back to life as, on 31 January 2007, the Constitutional Court issued a ruling refusing to accept a reference from the Vilnius (...)

The German Federal Cartel Office accepts commitments offered by four major gas transmission companies ensuring the compatibility of long term gas supply agreements with Art. 81 & 82 EC and German competition law (Bayerngas, Gas-Union, Saar Ferngas, Wingas)
Hengeler Mueller (Dusseldorf)
I. Background In 2003, the German Federal Cartel Office (FCO) began to investigate long term gas supply contracts between gas transmission companies and regional/local gas distributors. According to these investigations, in the German gas market as a whole approximately 75% of all gas supply (...)

The UK Gas and Electricity Market Authority rejects alleged abusive data withdrawal in the electricity market (EDF Energy)
Quebec Department of Justice (Quebec City)
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 Polish Competition Authority fines the dominant petrochemical operator for applying excessively low prices (PKN Orlen)
Gide Loyrette Nouel (Warsaw)
On 29 December 2006, the President of the Office for Competition and Consumer Protection (“President of the OCCP”) fined the largest Polish company operating in the petrochemical sector - PKN Orlen S. A. - for abusing its dominant position by applying prices almost equivalent to the costs 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 Italian Competition Authority accepts commitments from the Italian electricity incumbent and closes proceedings for alleged breach of art. 82 EC without imposing sanctions (Comportamenti Restrittivi sulla Borsa Elettrica)
National University of Singapore
On 20 December 2006 the Italian Competition Authority (hereinafter, also ‘‘AGCM’’) accepted commitments by Enel S.p.a. (hereinafter, also Enel) and its subsidiary Enel Produzione S.p.a. (hereinafter, also Enel Produzione), and closed investigations in the wholesale electricity sector without (...)

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)
,
Garrigues (Brussels)
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 Italian Supreme Court upholds the NCA’s decision fining the energy incumbent € 4.5 M for having restricted independent importers to sell gas (ENI / Blugas-Snam)
Freshfields Bruckhaus Deringer (Rome)
,
Freshfields Bruckhaus Deringer (Rome)
On 6 November 2006, the Italian Supreme Administrative Court (Consiglio di stato) endorsed findings that ENI, the vertically integrated Italian gas incumbent, had failed to comply with the Italian Antitrust Authority (IAA) 2002 decision (Blugas-Snam)whereby ENI was found to have hampered the (...)

The Estonian Competition Board ends proceedings against the Port of Tallinn without finding discriminatory abuse (TRTA / Narva Elektrijaamad)
EFTA Surveillance Authority (Brussels)
1. Background information T.R. Tamme Auto OÜ (TRTA) is an Estonian company with a variety of commercial activities. Kiviõli Keemiatööstuse OÜ (KK) is a fully owned subsidiary of TRTA. One of the businesses of KK is mining oil shale and producing oil shale oil. AS Narva Elektrijaamad (NEJ) is the (...)

The Czech Office for the Protection of Competition imposes a record fine on the dominant wholesale gas distributor for alleged violations of Art. 82 EC (RWE Transgas)
Czech Ministry of Justice (Prague)
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Czech Ministry of Justice (Prague)
By a first-instance decision rendered on 10 August, 2006, the Office for the Protection of Competition (the “Office”) imposed a fine of CZK 370 million (EUR 13 million approx.) on RWE Transgas, the dominant supplier of natural gas to the retail distributors, for alleged abuses of its dominant (...)

The Latvian NCA issues a non-infringement decision in the Lithuanian oil refinery case on abusive oil price increase (Mažeiki Nafta)
Lithuanian Competition Council (Vilnius)
AB Mažeiki Nafta ([“MN” ), the Lithuanian oil refinery, which had been previously fined by the Lithuanian NCA for the abuse of a dominant position, could take a breath after the Latvian Competition Council, on 24 May 2006, closed its investigation finding no infringement on MN’s part. The two (...)

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 Italian Competition Authority fines gas supplier with the highest fine ever imposed to a single company in Italy for abuse of dominant position in wholesale supply of natural gas on the basis of Art. 82 EC (Trans Tunisian Pipeline Company-Eni)
Studio Legale DDPV (Rome)
,
Italian Regulatory Authority for Energy, Networks and Environment (Rome)
On 15 February 2006, The Italian Competition Authority (the “Authority”), alleged that ENI had abused its dominant position in the market of wholesale supply of natural gas in Italy (the “relevant Market”) by impeding the entry of competitors into the Relevant Market (“Authority decision”). The (...)

The Lithuanian Competition Authority fines the national oil refinery for abuse of dominant position under Art. 82 EC (Mazeiki nafta)
Lithuanian Competition Council (Vilnius)
The Lithuanian Competition Council (CC) finished the year of 2005 on a high note by establishing a record fine of LTL 32 million (approx. EUR 9.27 million) on AB Mažeikiu nafta (MN), the national oil refinery, for the discriminatory pricing practices said to infringe Article 82 EC and its (...)

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)
Jacobs (Glasgow)
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 (...)

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 (...)

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)
Czech Ministry of Justice (Prague)
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 (Vienna)
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Barnert Egermann Illigasch (Vienna)
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 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 French Competition Authority sanctions major oil companies for having entered into agreements on the market of fuel distribution on motorways (Total Fina Elf France)
French Competition Authority (Paris)
Fuel distribution on motorways : the Conseil de la concurrence hands down sanctions against the major oil companies.* In a decision dated 31st March, 2003, following a referral by the Minister of Economy, the Conseil de la concurrence handed down sanctions against the company Total Fina Elf (...)

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 aims to prohibit an electricity operator from demanding abusively excessive fees for network use (Stadtwerke Mainz)
German Competition Authority (Bonn)
Bundeskartellamt gives first warning on account of excessive fees for network use* The Bundeskartellamt intends to prohibit Stadtwerke Mainz AG from demanding abusively excessive fees for network use. This is the first warning issued in the course of the ten formal abuse proceedings relating (...)

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 Netherlands Competition Authority establishes that a system of tariffs and conditions on the market for gas transmission resulted in abuse of dominance (Gasunie)
Netherlands Authority for Consumers & Markets (The Hague)
NMa Rules on the Abuse of a Dominant Position by Gasunie* The Netherlands Competition Authority (NMa) has established that Gasunie, through its use of parts of the Commodity Diensten Systeem (CDS) [Commodity Services System], has abused its dominant position on the market for gas transmission. (...)

The German Competition Authority discontinues its abuse proceedings on suspicion of excessive pricing against electricity supplier after receiving commitments (Elektrizitätswerk Wesertal)
German Competition Authority (Bonn)
Abuse proceedings against Elektrizitätswerk Wesertal (Fortum) discontinued* The Bundeskartellamt has discontinued its abuse proceedings against Elektrizitätswerk Wesertal GmbH, Hameln (a fully-owned subsidiary of Fortum Energie GmbH), which had been initiated on suspicion of its charging (...)

The German Competition Authority discontinues proceedings on suspicion of abuse of dominance in the electricity sector after receiving commitments for a new tender system for the procurement of balancing energy (EnBW Transportnetze)
German Competition Authority (Bonn)
Abuse proceedings against EnBW in the balancing energy sector discontinued* The Bundeskartellamt has discontinued the abuse proceedings instituted at the end of October 2001 against EnBW Transportnetze AG (EnBW) on suspicion of charging their competitors inappropriate fees for balancing (...)

The German Competition Authority institutes abuse proceedings against 10 electricity network operators on account of their charging excessively high fees for network use (Allgäuer Überlandwerke)
German Competition Authority (Bonn)
The Bundeskartellamt has instituted abuse proceedings against electricity network operators* The Bundeskartellamt has instituted abuse proceedings against 10 electricity network operators on account of their charging excessively high fees for network use. The companies involved include the (...)

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 (...)

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 (...)

The European Commission closes its investigation on long-term supply agreements in the context of gas market liberalization (Gas Natural)
DG GROW (Brussels)
"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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