The Spanish Competition Authority imposes a €4.9M fine on an energy grid and utility company for providing access to the grid on more favourable terms to its own downstream business than it does to rivals (Enel / Endesa)

On 10 June 2022, the Spanish Competition Authority (“SCA”) found that Enel Green Power SL (“Enel”), and its parent company Endesa Generación SA (“Endesa”) infringed the Spanish national provision prohibiting abuses of dominant position by taking advantage of its dominant position in the market of access and connection to the electricity transmission network and discriminating between companies of its own group and third-party competitors (the “Decision”). The SCA also imposed a fine of € 4.9 million jointly on Enel and Endesa. Factual background The SCA’s investigation originated from a series of resolutions by the SCA’s Regulatory Supervision Chamber (“RSC”) after certain Spanish electricity producers initiated proceedings arguing that Enel unlawfully prevented access to the electricity

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  • Van Bael & Bellis (Brussels)
  • Van Bael & Bellis (Brussels)
  • Van Bael & Bellis (Brussels)
  • Van Bael & Bellis (Brussels)

Quotation

Andreas Reindl, Edoardo Canali, Giovanni Pregno, Rory Clarke, The Spanish Competition Authority imposes a €4.9M fine on an energy grid and utility company for providing access to the grid on more favourable terms to its own downstream business than it does to rivals (Enel / Endesa), 10 June 2022, e-Competitions August 2022, Art. N° 107664

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