The EU Commission adopts a commitment decision concerning a possible abuse of a dominant position in the German gas transmission markets (RWE)

The RWE gas foreclosure case: Another energy network divestiture to address foreclosure concerns*I. Introduction On 18 March 2009 the Commission adopted a commitment decision against RWE AG for suspected infringement of EU competition law. The commitments were offered by RWE to address the Commission’s concerns about an abuse of RWE‘s dominant position in the German gas transmission markets. The concerns related to a possible foreclosure of RWE‘s competitors from access to its gas network and a possible margin squeeze to the detriment of RWE‘s competitors. In order to resolve the identified concerns, RWE offered to divest its entire German gas transmission network. The RWE decision was only the second case [1] in which a structural divestiture remedy has been offered in an antitrust

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Oliver Koch, Karoly Nagy, Ingrida Pucinskaite-Kubik, Walter Tretton, The EU Commission adopts a commitment decision concerning a possible abuse of a dominant position in the German gas transmission markets (RWE), 18 March 2009, e-Competitions Bulletin March 2009, Art. N° 35038

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