Energy & Access to facilities

Anticompetitive practices

The Australian Federal Court finds restrictive agreements preventing a competitor from entering the market by obtaining direct access to a source of flyash (Cement Australia)
Australian Competition and Consumer Commission (Canberra)
Federal Court declares anticompetitive conduct by Cement Australia* The Federal Court in Brisbane has made declarations in the ACCC v Cement Australia Pty Ltd & Ors matter, finding numerous contraventions of section 45 of the then Trade Practices Act 1974, now the Competition and Consumer (...)

The German Federal Court of Justice issues a decision of principle on the award of concessions for electricity and gas networks (OLG Schleswig / LG Kiel)
German Competition Authority (Bonn)
Federal Court of Justice issues decision of principle on the award of concessions for electricity and gas networks* Bonn, 18 December 2013: The Bundeskartellamt welcomes the landmark decisions issued yesterday by the Federal Court of Justice on the award of rights of way for electricity and (...)

The German Mediation Committee reaches compromise between Parliament and German States on the long-awaited 8th reform of the German Act against restraints of competition
Bird & Bird (Düsseldorf)
Reform of the Act against Restraints of Competition (GWB): Federal Cartel Office to Loose Price Control of Public Law Utility Fees* The Mediation Committee of the Bundestag and the Bundesrat today reached a compromise on the long-awaited 8th reform of the German Act against Restraints of (...)

The German Competition Authority deems the tendering process for the gas concession illegal and closes proceedings in view of the commitment to restart the tendering process (Markkleeberg)
Bird & Bird (Düsseldorf)
German Cartel Office Decision on Tendering Process for Gas Concession in Markkleeberg* After proceedings by the German Cartel Office that considered the tendering process for the gas concession in Markkleeberg near Leipzig in Saxony unlawful, a new tendering process will take place. The town (...)

The EU Commission initiates proceedings against the French incumbent natural gas operator (Gaz de France)
Van Bael & Bellis (Brussels)
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Practising Law Institute (New York)
On 22 May 2008, the Commission initiated proceedings against Gaz de France for possible infringement of Articles 81 and 82 EC. According to the Commission’s statement, its investigation concerns the possible foreclosure of downstream supply markets for natural gas in France through long-term (...)

The OECD holds a roundtable on energy security and competition policy
OECD - Competition Division (Paris)
Key documents: Executive Summary with key findings, Detailled Summary of the discussion, Background note Executive summary, by the Secretariat Considering the discussion at the roundtable, the delegatesí submissions and the background paper, several key points emerge. (1) Nations differ in (...)

Access to facilities in the energy sector: An overview of EU and national case law
Commission de Régulation de l’Energie (Paris)
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White & Case (Paris)
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JPTT-Vitale (Paris)
This study - which is not comprehensive - provides an overview of the main trends of regulatory intervention regarding access to facilities in the energy sector for the last 15 years. We have chosen a broadened meaning of the concept of “access” which includes direct access to electricity or gas (...)

Dominance

The EU Commission fines a gas supply company and its subsidiaries for blocking access to key natural gas infrastructure in Bulgaria (BEH)
DG COMP (Brussels)
Antitrust: Commission fines BEH Group € 77 million for blocking access to key natural gas infrastructure in Bulgaria* The European Commission has fined Bulgarian Energy Holding (BEH), its gas supply subsidiary Bulgargaz and its gas infrastructure subsidiary Bulgartransgaz (the BEH group) €77 (...)

The Indian Competition Authority fines joint venture for denying access to an essential facility in the market for upstream terminalling services (East India Petroleum / South Asia LPG)
Vaish Associates Advocates (New Delhi)
CCI imposes penalty on South Asia LPG Company Ltd for abuse of dominant position- a classic case of denial of essential facility* The Competition Commission of India (CCI) by an order dated 11 July 2018, has imposed penalty of INR 19.2 Crore on South Asia LPG Company Ltd (‘SALPG’), a joint (...)

The French Competition Authority fines an energy company for abuse of dominance on the retail gas supply market (ENGIE)
Van Bael & Bellis (Brussels)
On 22 March 2017, the French Competition Authority (“FCA”) fined ENGIE (formerly known as GDF-Suez) € 100 million for abusing its dominant position on the retail gas supply market by using the customer database and business infrastructure it inherited from its former monopoly status in order to (...)

The Bulgarian Supreme Administrative Court quashes the Competition Authority’s decision on an abuse of dominance in the energy sector, due to a different economic analysis (Energo Pro)
Tsvetkova Bebov Komarevski (Sofia)
The Supreme Administrative Court of the Republic of Bulgaria seating in 3-member panel (the “Supreme Administrative Court”, the “Court or the “Supreme Court”) repealed the decision of the Bulgarian Commission for Protection of Competition (the “Commission”) by virtue of which the Commission imposed (...)

The Czech Competition Authority accepts commitments in a case on alleged abuse of dominance by an energy company applying a pricing formula included in a long-term supply agreement (ČEZ)
CHSH (Vienna)
The Czech Competition Authority ("CCA") accepted in a decision of 20 December 2016 commitments offered by ČEZ, a partly state-owned Czech energy company, due to an alleged abuse of dominant position on the market for purchasing of brown coal. While the CCA refrained from final findings regarding (...)

The Indian Competition Authority dismisses allegations of abuse of dominance against 7 power distribution companies across 4 states due to the jurisdiction being under electricity regulators rather than Competition Act (Open Access Users Association / Tata Power Delhi Distribution)
Vaish Associates Advocates (New Delhi)
CCI dismisses a case against seven power distribution companies across four states* CCI vide its order dated September 29, 2015 closed the case alleging abuse of dominant position by seven power distribution companies, including three from the National Capital and remaining others from Punjab, (...)

The Bulgarian Competition Authority fines three power distribution companies for abusing their dominant market positions by imposing excessive prices to cable operators (CEZ / EVN / Energo-pro)
Mondelez (Sofia)
On May 27, 2015 the Bulgarian Commission for Protection of Competition adopted three separate decisions imposing sanctions on each of the three power distribution companies, and namely CEZ Distribution Bulgaria AD , EVN Bulgaria Electrical Distribution AD and ENERGO-PRO Grids AD for abusing (...)

The French Competition Authority orders interim measures against a gas provider and enjoins it to grant its competitors access to some of the data in its historic file (GDF Suez / Direct Energie)
French Competition Authority (Paris)
The Autorité de la concurrence orders GDF Suez to grant its competitors access to some of the data in its historic file.* This access will enable competitors of GDF Suez to compete with the incumbent operator on an equal footing by enabling them to let customers better know about the (...)

The Moscow Arbitration Court upholds that an electricity provider has abused its dominance (MOESK)
Russian Federal Antimonopoly Service (Moscow)
Cassation Court: “MOESK” OJSC abused market dominance* On 23rd April 2014, the Federal Arbitration Court of the Moscow District supported the rulings of the Court of First Instance and Appeal Court that had pronounced legitimacy of the decision and determination of the Federal Antimonopoly (...)

The EU Commission accepts commitments offered by the Czech electricity incumbent to resolve competition concerns (CEZ)
Van Bael & Bellis (Brussels)
On 10 April 2013, the European Commission announced that it has accepted a set of commitments offered by CEZ, the Czech electricity incumbent, in July 2012 to resolve concerns regarding an alleged infringement of Article 102 TFEU. In particular, the Commission had reached the preliminary (...)

The French Competition Authority refuses to issue interim measures regarding alleged practices in the photovoltaic electricity sector (SUN’R / EDF)
French Competition Authority (Paris)
The Autorité de la concurrence will not issue interim measures against EDF but will pursue its investigation on the basis of the complaint lodged by SUN’R*. The Autorité de la concurrence, following a complaint from power station operator SUN’R about certain practices implemented by the EDF group (...)

The Hellenic Competition Commission fines the Hellenic gas transmission system operator for abusing its dominant position in the primary market of natural gas transmission (DESFA)
University of Reading
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University of Reading
Involved parties and alleged practices In December 2009 the major Greek manufacturer of alumina and aluminium products ALUMINIUM S.A. (hereinafter: the complainant), which is also active in the market of production of electricity using natural gas, lodged a complaint before the [national] (...)

The Hellenic Competition Commission accepts commitments from the dominant incumbent gas company (DEPA)
European Commission (Brussels)
The Hellenic Competition Commission accepts commitments from dominant Greek incumbent gas company* In a landmark decision of 12 November 2012, the Hellenic Competition Commission (HCC) accepted commitments offered by DEPA, the Greek incumbent gas supplier, with a view to speeding up the (...)

The EU General Court annuls the Commission decision for failing to substantiate the existence of an abuse of dominance on the market for cheap electricity (DEI)
University of Groningen
A Burning Desire to Clarify(?) the Law for Public Undertakings: The Judgment in Greek Lignite (Case T-169/08)* The General Court has finally handed down the judgment in the Greek Lignite (brown coal) case. This is a long-running case resulting from a complaint (dating from 2003) concerning the (...)

The Lithuanian Supreme Administrative Court brings clearance on assessing excessive pricing under 102 Art. TFEU (Vilniaus energija)
Valiunas Ellex (Vilnius)
Vilniaus energija case is an important national precedent for at least two reasons. First, it explains in which situations prices set by a dominant undertaking may be regarded as unfair (excessive). In that context the Lithuanian courts confirmed that economic analysis is needed in order to (...)

The EU Commission initiates proceedings against a gas supplier and its subsidiaries for alleged abuse of dominance in the Bulgarian natural gas markets (Bulgarian Energy Holding)
Van Bael & Bellis (Brussels)
In a press release of 5 July 2012, the Commission announced that it opened proceedings against Bulgarian Energy Holding (“BEH”), its gas supply subsidiary Bulgargaz, and its gas infrastructure subsidiary Bulgartransgaz. The Commission stated that it has concerns that BEH and its (...)

The Italian Competition Authority publishes for market test the commitments of the incumbent electricity operator (Eni)
European Commission (Brussels)
Italy: Market Test of Commitments in alleged Abuse by ENI in Gas Transportation Case* On 12 June 2012, the Italian Competition Authority (ICA) published for market test the commitments proposed by Eni (Ente Nazionale Idrocarburi). In its commitments, Eni offered to auction off transportation (...)

A Slovak Regional Court confirms the NCA decision holding as abusive a request of the gas transmission network operator to obtain ownership of the interconnection system build by a gas distribution company (Eustream)
Agency for the Cooperation of Energy Regulators (ACER) (Ljubljana)
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Valko Marián (Bratislava)
The rationale and argumentats adopted by the Slovak Antimonopoly Office (the "SVK AMO") in a case attracting attention of Slovak competition lawyers that concerned a dominant position has been recently upheld by a judgment. Factual background On 30 June 2010 the Regional Court in Bratislava (...)

The Bulgarian Competition Authority fines an electricity supplier for exploitative abuse of dominant position (EVN Bulgaria Elektrorazpredelenie)
University of Macau - Faculty of Law
On 3 June 2010 the Bulgarian Competition Authority (CPC) established that electricity supplier EVN Bulgaria Elektrorazpredelenie AD (EVN) committed an infringement of the national equivalent of Article 102(2)(d) TFEU. The CPC’s investigation was prompted by the complaint lodged by Yana AD (...)

The Spanish Supreme Court holds that the national High Court erred in law as regards the concept of dominance (Enagás / Gas Natural Comercializadora)
DG COMP (Brussels)
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) related to the contract signed on July 27, 2001 between Enagás, SA and Gas Natural Comercializadora, at that (...)

The Swedish Market Court upholds the Competition Authority’s interim order imposing an obligation on an electrical company to provide potential customer access to its electricity mains (Ekfors)
Vinge (Stockholm)
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Swedish Competition Authority (Stockholm)
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Bokwall Rislund (Stockholm)
Background On February 26, 2010, the Market Court delivered one of its judgments in the long running conflict between the municipality of Haparanda (Haparanda) and the energy company Ekfors Kraft AB (Ekfors). The dispute between the parties mainly concern allegations of abuse of a dominant (...)

The EU Commission announces a market test on commitments offered by an energy company (ENI)
Van Bael & Bellis (Brussels)
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Practising Law Institute (New York)
On 4 February 2010, the Commission announced that the Italian energy company ENI had proposed structural remedies to address the Commission’s concerns that the management and operation of natural gas transmission pipelines by ENI could infringe Article 102 TFEU, and stated its intention to (...)

The Italian Competition Authority accepts commitments proposed by the historical electric operator and its subsidiaries to put an end to an abuse of dominant position (ENEL)
European Commission (Brussels)
Italy: The Antitrust Authority accepts Binding Commitments by Enel, Enel Distribuzione and Enel Servizio Elettrico On 10 December 2009, the Italian Competition Authority (ICA) accepted binding commitments by ENEL SpA (a holding of the Enel group), ENEL Distribuzione SpA (which manages (...)

The Polish Supreme Court decides on the validity of the refusal of the gas network access (Bartimpex)
WKB Wiercinski Kwiecinski Baehr (Poznan)
The recent verdict to the Polish Supreme Court seems to put to an end a very old dispute over the refusal to grant access to the Polish gas transmission system. It also deserves attention as it discusses the nature of the anticompetitive practices that amount to “refusal to sale”. Facts of the (...)

The Spanish Competition Authority fines electricity distributors €35,8M for abusing their dominant position on the power commercialisation market (Centrica / Electra de Viesgo / Endesa / Union Fenosa)
Hogan Lovells (Madrid)
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Allianz (Brussels)
On 2 April 2009, the Council of the Spanish Competition Authority (Consejo de la Comisión Nacional de la Competencia, hereinafter the “Council of the CNC”) imposed fines of a total amount of EUR 35 million upon Endesa Distribución , Iberdrola Distribución , Union Fenosa Distribución and Viesgo (...)

The Spanish Competition Authority fines the leading gas supplier for an abuse of dominant position (Gas Natural 2)
European Court of Justice (Luxembourg)
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Garrigues (Brussels)
The higher branch of the Spanish Competition Authority (Consejo de la Comisión Nacional de la Competencia or CNC) imposed on March 26 2009 a fine of €492,000 to the leading Spanish gas supplier, Gas Natural, for an abuse of its dominant position within the meaning of Article 6 of the 1989 Spanish (...)

The EU Commission adopts a commitment decision concerning a possible abuse of a dominant position in the German gas transmission markets (RWE)
European Commission (Brussels)
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DG REGIO (Brussels)
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DG SANCO (Brussels)
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 (...)

The EU Commission sends a statement of objections to an energy group regarding its management and operation of natural gas transmission pipelines (ENI)
Van Bael & Bellis (Brussels)
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Practising Law Institute (New York)
On 6 March 2009, the Commission sent a Statement of Objections to the Italian ENI group, setting out its preliminary view that the management and operation of natural gas pipelines by ENI may constitute one or more abuses. In particular, the Commission alleges that ENI, the largest producer, (...)

The Slovak Competition Authority fines a gas transport network operator for abuse of its dominant position (Eustream)
Van Bael & Bellis (Brussels)
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Practising Law Institute (New York)
On 10 October 2008, the Council of the Slovak Antimonopoly Office imposed a fine of 98.9 million SKK (approximately € 3.3 million) on eustream for an abuse of its dominant position. The company is the operator of the only gas transport network in Slovakia and is a member of the SPP group (a (...)

The Austrian Cartel Court accepts commitments in the jet fuel market (OMV)
Van Bael & Bellis (Brussels)
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Practising Law Institute (New York)
On 3 April 2008, the Austrian Cartel Court accepted the commitments of OMV AG (“OMV”) aimed at remedying concerns that OMV had abused its dominant position on the market for the provision of jet fuel and fuel transport infrastructure at the Vienna airport. As a result, OMV has agreed to give (...)

The Swedish Market Court holds that the electricity network for municipalities street and road lighting is not an essential facility and rejects alleged abusive refusal to supply and increase in price (Ekfors)
Djungo (Stockholm)
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In 2006, two Swedish municipalities (Haparanda and Övertorneå kommun, hereinafter referred to as the “Municipalities” ) filed a complaint to the Swedish Competition Authority (“SCA”), accusing a number of electricity companies (“Ekforsbolagen”) of abusing their dominant position by refusing to supply (...)

The Luxembourg Competition Authority renders its first ever decision and negatively applies the essential facilities doctrine in the sector of distribution of domestic heating fuel while holding that trade between Member States is not affected (Rock Fernand Distributions / Tanklux)
Arendt & Medernach (Luxembourg)
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NautaDutilh (Luxembourg)
On 23 April 2007 the new Luxembourg national competition authority that has been created in 2004, the Competition Council (“Conseil de la concurrence”), has handed down its first decision on the merits of a competition case brought before it. The Competition Council has chosen to be very didactic (...)

The Spanish Competition Court of Appeal revokes the Competition Authority’s decision on an abuse of dominance due to the absence of anticompetitive effects on the market regarding access to liquid natural gas importing infrastructures (Gas natural)
Compass Lexecon (Madrid)
The Antitrust Court Decision In June 2006 the Tribunal de Defensa de la Competencia, the former antitrust court in Spain, hereafter TDC, imposed an 8 million euro fine to Gas Natural, the main natural gas operator in Spain, on the basis of an abuse of dominant position regarding access to (...)

The Spanish Competition Court of Appeal annuls the Competition Authority’s decision fining a natural gas supplier on the basis of Art. 82 EC for impeding third parties access to regasification capacities (Gas Natural)
Womenat
Introduction On June 2006, the Tribunal de Defensa de la Competencia - TDC - (the second-tier competition authority) imposed a hefty fine of 8 million euro for an abuse of a dominant position to one of the leading companies within the gas industry in Spain, Gas Natural. Gas Natural further (...)

The Italian Competition Authority closes proceedings against the gas incumbent for alleged breach of Art. 82 EC by accepting commitments in the sector of regasification facilities without imposing sanctions (ENI)
Luiss Guido Carli University (Rome)
On 9 March 2007, the “Autorità Garante della Concorrenza e del Mercato” (hereinafter, also “AGCM”) closed proceedings against ENI, the Italian dominant undertaking in the gas sector, and its subsidiaries without fines and accepted the commitments proposed. In particular, the AGCM had previously (...)

The Italian Competition Authority accepts commitment from the energy incumbent to remedy concerns about its position in gas markets (ENI)
Paul Hastings (Milan)
The energy company ENI, the former legal monopolist in the natural gas market, has been involved in a number of competition cases before the Italian Competition Authority (ICA) in the recent past. The most recent proceedings were closed in March 2007, without the breach having been assessed, (...)

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)
Jones Day (Paris)
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 (...)

The UK Ofgem rejects alleged abusive data withdrawal in the electricity market (EDF Energy)
Quebec Department of Justice (Quebec City)
This is a decision of the UK Gas and Electricity Markets Authority (the Authority) rejecting allegations of abuse of dominance following EDF Energy’s (EDF) decision to cease offering data retrieval (DR), data processing (DP) and data aggregation services (DA) (data services) to competitors. The (...)

The UK Ofgem finds no abuse of dominance in the refusal to supply meter data services to competing electricity suppliers (EDF Energy)
Compass Lexecon (London)
The Office of Gas and Electricity Markets (“Ofgem”) the gas and electricity regulator in Great Britain has decided that EDF Energy (“EDFE”) has not infringed Article 82 of the EC Treaty or section 18 (the “Chapter II prohibition”) of the Competition Act 1998 by refusing to supply other suppliers of (...)

The Spanish Competition Authority fines a major electricity distribution company for offering services to clients in a liberalised market on the basis of information obtained from a monopolised market (Endesa / Anisem)
European Court of Justice (Luxembourg)
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Garrigues (Brussels)
Spanish dominant utilities and, more generally, incumbents have reasons to fear the aftermath of a relatively unnoticed decision of 14 December 2006 (Expt. 606/05) of the highest branch of the Spanish National Competition Authority (Tribunal de Defensa de la Competencia, hereinafter “TDC”) in (...)

The German Federal Court of Justice clarifies that access to an essential facility does not require a dominant position in the up- or downstream market in the electricity sector (Arealnetze)
Helmut Schmidt University of the Armed Forces (Hamburg)
On June 28, 2005, the German Federal Court of Justice (FCJ) clarified that the so called “essential facility clause” of Sec. 19(4) n° 4 of the German Act against Restraints of Competition (ARC) requires dominance only in the market for the essential facility itself. Contrary to the view of some (...)

The Italian Competition Authority finds that the Italian incumbent gas operator has abused its dominant position by impeding entry of new operators in the recently liberalized gas market (ENI)
Giannino SI (Monserrato)
Introduction By a decision taken in November 2002 the Italian Competition Authority (ICA) found that the ENI Group, the Italian incumbent gas operator, had abused its domain position in retail and transport gas markets in the 2001-02 thermal year. These abusive conducts were part of a complex (...)

The German Competition Authority aims to prohibit an electricity operator from demanding abusively excessive fees for network use (Stadtwerke Mainz)
German Competition Authority (Bonn)
Bundeskartellamt gives first warning on account of excessive fees for network use* The Bundeskartellamt intends to prohibit Stadtwerke Mainz AG from demanding abusively excessive fees for network use. This is the first warning issued in the course of the ten formal abuse proceedings relating (...)

The German Competition Authority discontinues abuse proceedings against members of a company group in the energy sector after receiving commitment to amend the tender system (Vattenfall Europe Transmission)
German Competition Authority (Bonn)
Abuse proceedings against Bewag, HEW and Veag concerning balancing energy discontinued* The Bundeskartellamt has discontinued its abuse proceedings against Bewag AG, Berlin (Bewag), Hamburgische Electricitäts-Werke AG, Hamburg, (HEW) and Veag AG, Berlin, all belonging to the Vattenfall group. (...)

The German Competition Authority initiates a formal investigation against a member of a Swedish group on suspicion of abuse of dominant position on the market for supply of electricity (Bewag)
German Competition Authority (Bonn)
Abuse proceedings initiated against electricity* The Bundeskartellamt has initiated a formal investigation against Bewag AG, Berlin (Bewag), belonging to the Swedish Vattenfall group, on suspicion of the company abusing its dominant position as an electricity network operator. Bewag is (...)

The German Competition Authority discontinues proceedings on suspicion of abuse of dominance in the electricity sector after receiving commitments for a new tender system for the procurement of balancing energy (EnBW Transportnetze)
German Competition Authority (Bonn)
Abuse proceedings against EnBW in the balancing energy sector discontinued* The Bundeskartellamt has discontinued the abuse proceedings instituted at the end of October 2001 against EnBW Transportnetze AG (EnBW) on suspicion of charging their competitors inappropriate fees for balancing (...)

The German Competition Authority institutes abuse proceedings against 10 electricity network operators on account of their charging excessively high fees for network use (Allgäuer Überlandwerke)
German Competition Authority (Bonn)
The Bundeskartellamt has instituted abuse proceedings against electricity network operators* The Bundeskartellamt has instituted abuse proceedings against 10 electricity network operators on account of their charging excessively high fees for network use. The companies involved include the (...)

The German Competition Authority initiates proceedings against 22 electricity network operators on suspicion of excessive pricing for network use and impeding other electricity providers to enter the market
German Competition Authority (Bonn)
Investigation of 22 network operators on account of excessive fees for network use* The Bundeskartellamt has initiated investigatory proceedings against 22 electricity network operators on suspicion of their charging abusively excessive fees for network use and of impeding other electricity (...)

Mergers

The EU Commission sends three separate statements of objections to companies alleging procedural breaches of the EU Merger Regulation (Merck / Sigma-Aldric ; GE / LM Wind ; Canon / Toshiba Medical Systems)
Van Bael & Bellis (Brussels)
On 6 July 2017, the European Commission sent three separate statements of objections (“SO”) to companies alleging procedural breaches of the EU Merger Regulation. Provision of misleading information The first SO concerns the Merck/Sigma-Aldrich transaction, which was conditionally cleared by (...)

The EU Commission clears a merger in the energy sector (Gamesa / Siemens)
DG COMP (Brussels)
MERGERS: COMMISSION CLEARS ACQUISITION OF GAMESA BY SIEMENS* The European Commission has cleared unconditionally under the EU Merger Regulation the proposed acquisition of wind turbine manufacturer Gamesa by Siemens. The Commission found that the transaction raises no competition concerns, (...)

The UK Competition Appeals Tribunal upholds a decision to prohibit a merger in the energy and commodities trading sector (Intercontinental Exchange / Trayport)
CRA International (London)
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CRA International (London)
The CAT upheld on 6 March 2017 the CMA’s decision to prohibit ICE’s acquisition of the energy and commodities trading platform Trayport. The CMA’s original decision found that ICE could use ownership of Trayport to foreclose competitors, shifting liquidity to its own exchanges. It was the first (...)

The UK Competition Authority orders structural remedies to clear a merger on the market of energy trading services (Intercontinental Exchange / Trayport)
Van Bael & Bellis (Brussels)
On 17 October 2016, the UK Competition and Markets Authority (“CMA”) ordered Intercontinental Exchange Inc. (“ICE”) to sell Trayport to a new owner, to be approved by the CMA, in order to preserve competition on the market for the supply of certain energy trading services. ICE is the largest (...)

The EU Commission clears an acquisition in the markets of oil and gas exploration, the liquefaction of gas and the wholesale supply of liquefied natural gas (BG Group / Royal Dutch Shell)
DG COMP (Brussels)
Commission clears acquisition of BG Group by Royal Dutch Shell* The transaction was cleared as it will not grant Shell market power in oil and gas exploration, LNG liquefaction or LNG wholesale supply. Shell will also not be able to prevent competitors from using its gas infrastructure in the (...)

The Danish Competition Authority abolishes commitments, which no longer are necessary for competition in the wholesale market for electricity in Western Denmark (DONG Energy / NESA)
Danish Competition and Consumer Authority (Copenhagen)
The Danish Competition Council Abolishes a Commitment from DONG Energy* On 28 May 2014 the Danish Competition Council abolished a commitment from a merger between Elsam (now DONG Energy) and Nesa in 2004. The commitment obliged DONG Energy to auction 600 MW electricity generation capacity (...)

The Australian Competition and Consumer Commission launches a market consultation on commitments in relation to a proposed acquisition of the business and assets of a energy supplier (AGL Energy / Macquarie Generation)
Australian Competition and Consumer Commission (Canberra)
ACCC to consult market on proposed undertaking from AGL* The Australian Competition and Consumer Commission today commenced market consultation on a proposed undertaking offered by AGL Energy Limited (AGL) in relation to its proposed acquisition of the business and assets of Macquarie (...)

The EU Commission clears the merger proposed by a Russian energy supplier targeting a number of companies established in Germany and Netherlands (Gazprom / Wintershall)
Bird & Bird (Düsseldorf)
Commission Clears Acquisition of German and Dutch Gas Supply and Storage Joint Ventures by Gazprom* Applying the EU Merger Regulation, the European Commission has cleared a proposed acquisition of (i) joint control over WINZ and Wintershall Services of the Netherlands and (ii) sole control (...)

The Hungarian Competition Authority clears unconditionally an acquisition on the electricity market (E. ON / Villamos Művek)
Hungarian Competition Authority (Budapest)
The GVH authorised the MVM-E.ON transaction* The Gazdasági Versenyhivatal (GVH - the Hungarian Competition Authority) cleared the acquisition of E.ON Földgáz Trade Zrt. and E.ON Földgáz Storage Zrt. by Magyar Villamos Művek Zrt. The most important field of activity of Magyar Villamos Művek Zrt. (...)

The Austrian Competition Authority conditionally clears joint venture between oil companies (BP / Shell / OMV)
Van Bael & Bellis (Brussels)
According to a recent press release, the Austrian Competition Authority has conditionally cleared a proposed joint venture between oil companies BP, Shell and OMV. The joint venture provides refuelling services at Salzburg airport, but does not itself sell fuel (this is done separately by the (...)

The Swiss Competition Appeals Commission annuls the Competition Authority’s decision having cleared a joint venture between 7 electricity companies conditionaly to free and non-discriminatory access to the network and prohibition of joint selling or producing (Swissgrid)
NERA (Berlin)
The operation On 7 March 2005, the Swiss Competition Commission (WEKO) cleared a joint venture between seven electricity companies for the transmission of electricity (Swissgrid AG). The seven companies are Aare-Tessin AG, BKW FMB Energie AG, Centralschweizerische Kraftwerke, (...)

The EU Commission conditionally approves the acquisition of two subsidiaries of the incumbent oil and gas Hungarian company by a German energy supplier (MOL / E.ON)
DG COMP (Brussels)
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Compass Lexecon (Brussels)
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EU Office to Hong Kong (Hong Kong)
"A combination of gas release programmes and ownership unbundling as remedy to a problematic energy merger: E.ON / MOL"* 1. Introduction Following an in-depth investigation, on 21 December 2005, the Commission approved under the EU Merger Regulation the acquisition of MOL WMT and MOL Storage, (...)

The Dutch Competition Authority clears a merger in the electricity sector subject to third parties’ access to infrastructure (Nuon / Reliant)
Booking.com
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Fieldfisher (Amsterdam)
The operation Nuon is an electricity producer and distributor. Reliant is one of the larger electricity producers in the Netherlands. Nuon proposed acquiring the whole of issued capital of Reliant (para. 3). The market(s) The activities of Nuon and Reliant with regard to the production and (...)

The Czech Competition Authority clears a merger in the long-distance heat supply sector, subject to granting access to the infrastructure and temporary maintenance of supply level (Dalkia / ZTO )
Clifford Chance (Prague)
The operation On the basis of the share purchase agreement concluded between Dalkia Morava, a.s. ("Dalkia") as a buyer and Ostrava municipality as a seller, Dalkia acquired 95% of shares in Zásobování teplem Ostrava, a.s. ("ZTO"), a stake enabling Dalkia to exercise an exclusive control over the (...)

The German Competition Authority prohibits the acquisition of a majority stake in the energy sector, as it would give a party indirect control over its competitor and strengthen dominant positions in the gas and electricity markets (E.ON Düsseldorf / Bergemann Essen)
German Competition Authority (Bonn)
Bundeskartellamt prohibits E.ON’s acquisition of majority stake in Ruhrgas* The Bundeskartellamt has prohibited E.ON AG, Düsseldorf, (E.ON) from acquiring Bergemann GmbH, Essen (Bergemann) which would give it indirect control of Ruhrgas AG, Essen (Ruhrgas). The President of the Bundeskartellamt, (...)

The German Competition Authority clears a planned acquisition of electricity plants after imposing a reduction of the shares to be acquired (RWE / GEW)
German Competition Authority (Bonn)
Bundeskartellamt forces RWE’s acquisition of share in GEW Rhineland below merger threshold* The Bundeskartellamt has cleared the planned acquisition of the electricity plants of RWE AG, Essen (RWE) located on the right bank of the Rhine by GEW AG, Cologne (GEW). RWE’s plan to acquire a share in (...)

The German Competition Authority prohibits acquisition of a majority stake in an energy company by a direct competitor as it would strengthen dominant positions in the gas and electricity sales markets (E.ON / Gelsenberg)
German Competition Authority (Bonn)
Bundeskartellamt prohibits E.ON/Gelsenberg (Ruhrgas) merger* The Bundeskartellamt has prohibited the acquisition by E.ON AG, Düsseldorf, (E.ON) of a majority stake in Gelsenberg AG, Essen. The merger would have strengthened dominant positions both in the gas and electricity sales markets. The (...)

The EU Commission approves the acquisition of a German oil and petrochemicals company by an Anglo-Dutch oil company subject to behavioural and structural remedies (Royal Dutch / Shell / DEA / RWE)
DG COMP (Brussels)
,
Financial Conduct Authority (London)
"Merger Control: Main developments between 1st September 2001 and 31st December 2001"* On 21 December 2001 The Commission approved the acquisition of the German oil and petrochemicals company DEA, which belongs to the RWE group, by Royal Dutch/Shell (UK/NL), and the combination of the (...)

The German Competition Authority clears a merger in the energy market with remedies, including the divestiture of gas stations, pipeline supply contracts and the granting of infrastructure access for aviation fuel delivery at Frankfurt airport (Shell / DEA)
E.CA Economics (Berlin)
The operation On 10 July 2001, Shell Deutschland GmbH (Shell) notified the European Commission of its intention to merge its downstream oil business with DEA Mineralöl AG (DEA) by acquiring 50% of the shares of DEA, as a first step to acquiring a majority stake later on. At the request of the (...)

The German Competition Authority clears a merger in the energy market with remedies, including the divestment of gas stations, a stake in a refinery, and a three year obligation to supply third parties with aviation fuel (BP / E.ON)
E.CA Economics (Berlin)
The operation On 27 July 2001, BP plc (BP) notified the European Commission of its intention to purchase (via its German affiliate Deutsche BP AG) 51% of Veba Oel AG (Veba Oel) which was a wholly owned subsidiary of E.ON AG (E.ON). On the request of the German Federal Cartel Office (FCO) the (...)

The German Competition Authority clears a merger in the gas and electricity market with remedies, including access to gas network pipelines (EnBW / Stadt Schramberg)
NOCON (London)
The operation On 5 February 2001, EnBW, the town of Schramberg, Stadtwerke Schramberg GmbH & Co. KG and EVS Energieversorgung Schramberg GmbH & Co. KG notified the FCO of their intent to form a joint venture. Energie Baden-Württemberg Regional AG (EnBW Reg) is a wholly owned subsidiary (...)

The German Federal Cartel Office clears a merger in the utilities sector, subject to remedies requiring third party access to the parties’ gas networks, the disclosure of access prices and the option for industrial customers to terminate their supply contracts (EnBW / SSG)
NOCON (London)
The operation On 29 September 2000, EnBW Ostwürttemberg DonauRies AG (EnBW Donau) notified the German Federal Cartel Office (FCO) of its intent to acquire 25.1 % of the shares of Stadtwerke Schwäbisch Gmünd GmbH (SSG). At that time 99.3 % of the shares in EnBW Donau were held by EnBW Regional (...)

The EU Commission clears a joint venture arrangement between nine leading European gas companies for the construction and operation of a UK Belgium subsea gas interconnection (Interconnector)
DG COMP (Brussels)
"Joint venture arrangement"* 0n 17 May 1995 the Commission issued a comfort letter to clear a joint venture arrangement between nine leading European gas companies for the construction and operation of a UK Belgium subsea gas interconnection, in particular a high pressure gas pipeline which (...)

State Aid

The EU Commission adopts new State aid guidelines now encompassing the application of State aid to energy infrastructure in the European Union
King’s College (London)
New Guidelines for State Aid to Energy Infrastructure – A Helpful Move Toward Europe 2020?* 1. Introduction On April 9, 2014, the European Commission adopted in principle new State aid guidelines, which will now encompass the application of State aid to energy infrastructure within the (...)

The EU Commission initiates formal investigation of the German exemption from network charges for large electricity consumers
Bird & Bird (Düsseldorf)
Commission Opens In-depth Inquiry into Potential State Aid for Large Electricity Consumers Exempted from Grid Charges in Germany* The Commission opened an in-depth investigation to find out whether exemptions for large electricity consumers from network charges granted in Germany since 2011 (...)

Procedures

A German Higher Regional Court confirms that the defendant is obliged to surrender at the request of the competition authorities documents relating to the calculation of fees for network use (Energie Sachsen Brandenburg)
German Competition Authority (Bonn)
Higher Regional Court confirms right of competition authorities to apply cost control in abuse proceedings in electricity sector* In a preliminary decision the Düsseldorf Higher Regional Court (OLG) has confirmed that the RWE regional energy supplier envia Energie Sachsen Brandenburg AG (envia) (...)

Regulations

The Hong Kong Competition Authority issues a report outlining the findings of its study into the auto-fuel market
Hong Kong Competition Commission
Competition Commission announces findings of its study into Hong Kong’s auto-fuel market* The Competition Commission (Commission) today (4 May) released a report outlining the findings of its study into the auto-fuel market in Hong Kong. The report identifies a number of issues which the (...)

The French Competition Authority publishes a report and an opinion concerning the energy sector
French Competition Authority (Paris)
The Autorité has published its evaluation report on the legal mechanism providing regulated access to incumbent nuclear electricity (hereinafter ARENH), and an opinion on the decree concerning regulated sales tariffs (hereinafter TRVs), as well as two opinions on plans to phase out TRVs on gas (...)

The New Zealand Competition Authority invites views on the revision of the cost of capital input methodologies that apply to electricity lines services, gas pipeline services and specified airport services
New Zealand Commerce Commission
Press releases published on New Zealand Commerce Commission Commission seeks views on cost of capital input methodologies* The Commerce Commission is now inviting views on whether it should consider reviewing or amending the input methodologies for the cost of capital that apply to (...)

The Russian Competition Authority simplifies access to main oil pipelines and oil products pipelines
Russian Federal Antimonopoly Service (Moscow)
FAS simplified access of independent companies – exchange trading participants to main oil pipelines and oil products pipelines* On 1st August 2014, changes were made to the Rules for non-discriminatory access to the services of the holders of natural monopolies for transporting oil and oil (...)

The Australian Competition Authority notifies businesses about the obligation to pass through all cost savings attributable to the carbon tax repeal
Australian Competition and Consumer Commission (Canberra)
ACCC puts businesses on notice about Carbon Tax Price Reduction Obligation* Now that Parliament has repealed the carbon tax, the Australian Competition and Consumer Commission will have new powers to take action against businesses that supply regulated goods which fail to pass through all cost (...)

The Netherlands Authority for Consumers & Markets issues an unbundling certificate concerning the operation of electricity cable between Maasvlakte in the Netherlands and the Isle of Grain in the UK
Netherlands Authority for Consumers & Markets (The Hague)
The Netherlands finalises important part of the Third Energy Package* Transmission system operator BritNed Development Ltd. has received an unbundling certificate from the Netherlands Authority for Consumers & Markets (ACM). BritNed has demonstrated to comply with the ‘unbundling (...)

The German Federal Government plans to submit to the Parliament a new bill for a reform of the law applicable on renewable energy sources pointing out that the talks with the Commission concerning state aid-compatibility have not yet been concluded
Bird & Bird (Düsseldorf)
EEG 2.0: Federal Government and Federal States Reach Agreement on Important Issues of EEG Reform* After a meeting with the sixteen state premiers, Chancellor Angela Merkel (CDU) and Economic Affairs and Energy Minister Sigmar Gabriel declared that “a high degree of consensus had been reached” (...)

The German Federal Constitutional Court declares the inadmissibility of a complaint challenging a provision of the Energy Act which obliges operators of private power plants to reduce power input on request of the grid operator in return for a compensation (German Electricity Grid)
Bird & Bird (Düsseldorf)
Constitutional Court Declares Complaint Against Curtailment Provision in Energy Act Inadmissible* In a recent decision the Federal Constitutional Court (BVerfG) declared a constitutional complaint (Verfassungsbeschwerde) inadmissible that challenged a provision in the German Energy Act (EnWG) (...)

The German Federal Minister for Economic Affairs and Energy receives an update of a position paper on the German energy transition towards a mainly renewable energy supply (Energiewende)
Bird & Bird (Düsseldorf)
Initiativkreis Ruhr Committed to Energiewende, But Demands Adjustments* Initiativkreis Ruhr (IR), an association of 66 leading companies in the Ruhr area (Ruhrgebiet) handed over an update of a position paper on the German energy transition towards a mainly renewable energy supply (...)

The New Zealand Competition Authority issues information disclosure requirements for the owner and operator of the national electricity transmission grid (Transpower)
New Zealand Commerce Commission
New information disclosure requirements for Transpower* The Commerce Commission has today issued information disclosure requirements for Transpower, the owner and operator of the national electricity transmission grid. Under the new requirements, Transpower will publicly disclose information (...)

The German Federal Network Agency and the Bundeskartellamt present their joint monitoring report on developments in the German electricity and gas markets in 2012
German Competition Authority (Bonn)
Monitoring Report 2013 of the Bundesnetzagentur and the Bundeskartellamt* Bonn, 19 December 2013: Today the Bundesnetzagentur (Federal Network Agency) and the Bundeskartellamt presented their joint Monitoring Report 2013 on developments in the German electricity and gas markets in 2012. With (...)

The Australian Competition and Consumer Commission and Australian Energy Regulator publish their annual report on competition in the energy sector and consumer choice
Australian Competition and Consumer Commission (Canberra)
ACCC and AER issue joint 2012-13 annual report* The Australian Competition and Consumer Commission and Australian Energy Regulator have published their annual report for 2012-13. ACCC Chairman Rod Sims highlighted the notable achievements, including strong court judgments and penalties for (...)

The German Competition Authority closes its proceedings on adequate network access for a refinery as regards crude oil supplies (Ingolstadt)
German Competition Authority (Bonn)
Bundeskartellamt closes proceedings on adequate network access for Ingolstadt refinery* Today the Bundeskartellamt has closed its proceedings against the group companies of the Transalpine Ölleitung (transalpine oil pipeline, TAL). The Ingolstadt refinery will now be granted access to the TAL (...)

The UK OFGEM closes investigation of an electricity producer over a potential breach of the consumer protection from the unfair trading regulations 2008 (EDF Energy)
Jacobs (Glasgow)
Ofgem investigated a fault with the operation of EDF‘s Interactive Voice Response (“IVR”) telephone system and its interface with EDF‘s billing system which resulted in some customers who provided their own meter readings through the IVR system being overcharged or undercharged. Background EDF‘s (...)

The French Competition Authority issues an opinion on the government bill on the new organisation of the electricity market (NOEM)
French Competition Authority (Paris)
Press Release published on the official website of the French Competition Authority. The Autorité de la concurrence considers that the regulation of electricity production is necessary for the development of competition within the national market. However, it points out that any such regulation (...)

The UK OFGEM fines an electricity distributor £ 2 M for poor customer service on network connections (EDF Energy)
Jacobs (Glasgow)
Energy regulator Ofgem is to fine EDF Energy Networks £2 million for failing to meet statutory timescales for providing offers to customers requesting a connection to its electricity networks. The enforcement action is the latest demonstration of Ofgem’s readiness to use its powers to penalise (...)

The French Energy Regulator settles a dispute between the gas incumbent and a competitor about the provision of the complete list of metering and estimating points (Gaz de France/Poweo)
University of Aix-Marseille
The scope of the dispute The dispute arose after the refusal by Gaz de France to provide Poweo with the complete list of PCEs (metering and estimating points). The access to the list of PCEs This decision is important in two respects. Firstly, the Energy Regulation Commission (‘CRE’) clarifies (...)

The UK Gas and Electricity Markets Authority accepts the former gas incumbent’s practices for re-contracting switching customers (British Gas Trading)
Jacobs (Glasgow)
Ofgem, 17 April 2007, Decision in relation to the appeal raised by British Gas Trading Ltd (BGT) against the Master Registration Agreement (MRA) Forum decision upholding the MRA Executive Committee (MEC) determination dated 25 July 2006, that BGT is in breach of Clause 38.1 of the MRA (...)

The Court of Appeal Düsseldorf upholds the decision of the Energy Regulator to reduce the access charges for electricity transmission networks on the basis of the new regime of price regulation (Vattenfall)
Hengeler Mueller (Dusseldorf)
I. Background and decision of the Federal Network Agency (FNA - Bundesnetzagentur) The enactment of the second EC E-Directive and EC G-Directive in 2003 had a special impact on the legal framework of the German energy sector and led to the introduction of the New German Energy Industry Act (...)

The European Commission issues its preliminary results of its sector inquiry into the energy sector
DG COMP (Brussels)
,
Monitor
"European Energy Sector — Quo Vadis? First results of the Sector Inquiry"* The energy sector is of fundamental importance to the European economy, and to the well-being of citizens of the European Union. Debate about the future direction of European energy policy has been vigorous for most of (...)

The German Federal Court of Justice asks lower Court to verify computation of electricity network access price in retrial (Strom II plus)
CRA International (London)
Federal Court Decision Until 2005, Germany’s electricity sector was privatised but unregulated. Instead, electricity companies with networks agreed voluntarily to set access prices on the basis of a voluntary framework agreement called “Strom II plus” (“Power II plus"). The plaintiff is an (...)

The EU Commission rules on access to gas pipelines (Marathon)
DG COMP (Brussels)
,
European Anti-Fraud Office - OLAF (Brussels)
,
DG GROW (Brussels)
"Access to gas pipelines: lessons learnt from the Marathon case"* 1. Introduction Access to gas pipelines is an essential prerequisite for the successful liberalisation of the European gas markets. If new suppliers do not obtain access to existing gas pipelines, the possibility for gas (...)

The German Competition Authority intends to prohibit an electricity network operator from charging electricity suppliers excessive metering and billing prices in the small customers’ sector (RWE Net)
German Competition Authority (Bonn)
Bundeskartellamt issues warning letter regarding excessive electricity metering and billing prices* The Bundeskartellamt intends to prohibit the electricity network operator RWE Net AG, Dortmund, from charging electricity suppliers excessive metering and billing prices in the small customers (...)

The German Competition Authority initiates proceedings against a regional electricity supplier on suspicion of excessive metering and billing prices charged to load profiled customers (Wemag / RWE)
German Competition Authority (Bonn)
Bundeskartellamt puts electricity metering prices to the test - test cases against Wemag and RWE Net* The Bundeskartellamt has initiated proceedings against the regional electricity supplier Wemag AG, Schwerin (Vattenfall group) and RWE Net AG, Dortmund, on suspicion of excessive metering and (...)

The EU Commission settles case with Norwegian gas producers in the context of liberalisation of European gas markets (GFU)
European Anti-Fraud Office - OLAF (Brussels)
,
Eurojobsites (Brussels)
,
Oikeus
"Liberalisation of European Gas Markets - Commission settles GFU case with Norwegian gas producers"* 1. Introduction The European Commission has recently intensified its efforts to liberalise European gas markets. Whilst originally only internal market rules were used to push for market (...)

The Energy Council of the EU reaches an agreement on several principles of the future liberalization of the electricity market
Garrigues (Brussels)
"Legislative works concerning liberalisation of the electricity sector"* The Energy Council reached an agreement on 29.11.1994 on several principles of the future liberalisation of the electricity market: Electricity generation will be opened to competition, but Member States will be given the (...)

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