The Spanish Supreme Court holds that the national High Court erred in law as regards the concept of dominance (Enagás / Gas Natural Comercializadora)

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References

Spanish Supreme Court, Enagás / Gas Natural Comercializadora, Case nº 4222/2007, 1 June 2010 (Spanish)

Spanish National High Court, Gas Natural Group, Case nº 4222/2007, 13 March 2007 (Spanish)

Spanish Competition Authority, Parent company of the Gas Natural group, Case 580/04, 16 June 2005 (Spanish)

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) [1] related to the contract signed on July 27, 2001 between Enagás [2], SA and Gas Natural Comercializadora, at that time both members of the Gas Natural Group, for alleged abuse of dominance on the terms set forth in Article 6 of the Act 16/1989, the former Antitrust Act. In particular, this abuse would consist of a contractual obstruction of third parties access to regasification capacity essential for the supply of

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