The EU Commission renders legally binding commitments offered by French and German incumbent gas operators concerning long-term capacity bookings (GDF) (E.ON)

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 concerns on the French and German gas markets. Both cases are noteworthy in several respects: not only are they part of a remarkable series of energy antitrust decisions adopted under Article 102 TFEU in the wake of the Energy Sector Inquiry [1] (nine major energy decisions since 2007 [2]) but a closer look at the theory of harm also shows that GDFand E.ON Gasinvolve some novel and innovative elements that further develop the theory of refusal to supply under Article 102 TFEU [3]. All nine

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Ricardo Cardoso de Andrade, Oliver Koch, Sandra Kijewski, Patrick Lindberg, Karoly Nagy, The EU Commission renders legally binding commitments offered by French and German incumbent gas operators concerning long-term capacity bookings (GDF) (E.ON), 3 December 2009, e-Competitions December 2009, Art. N° 34851

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