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)

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 dominant position, on the basis of the “essential facility” concept. Proceedings In 2002, an action was brought before the Turkish Competition Board by Enerjisa Enerji Üretim A.S. (Enerjisa) and Toros Enerji Üretimi Otoprodükter Grubu A.S. (Toros), two producers of electricity. Those two companies complained about the behaviour of Çukurova Elektrik A.S. (CEAS), the incumbent operator managing the transfer and distribution network of electricity in South East Turkey. CEAS refused to grant Enerjisa and

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  • Jones Day (Paris)

Quotation

Remy Fekete, 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), 8 February 2007, e-Competitions February 2007, Art. N° 13997

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