The EU General Court confirms the need for arbitration awards to comply with EU competition policy (Gazprom / Polskie Górnictwo Naftowe i Gazownictwo)

On February 2, 2022, the General Court ruled in Case T-616/18 dismissing the action brought by a wholesaler active in the gas sector in Poland (PGNG [1]) to annul the Commission’s decision in CASE AT.39816 – Upstream gas supplies in Central and Eastern Europe [2] (the “Commitment Decision”), which accepted and made binding commitments undertaken by Gazprom to bring its conduct into line with EU competition rules, thus escaping a huge fine for abuse of dominance in breach of Article 102 of the Treaty on the Functioning of the EU (TFEU). Interestingly, one of the grounds for annulment of the decision put forward by PGNG was that the commitments were designed around the appointment of arbitrators for solving pricing disputes between the parties, which PGNG claimed was not an appropriate

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Authors

  • Portolano Cavallo (Milan)
  • Portolano Cavallo (Milan)
  • Portolano Cavallo (Milan)

Quotation

Martina Lucenti, Enzo Marasà, Andrea Mascii, The EU General Court confirms the need for arbitration awards to comply with EU competition policy (Gazprom / Polskie Górnictwo Naftowe i Gazownictwo), 2 February 2022, e-Competitions February 2022, Art. N° 108701

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