Energy & Dominance

Dominance

The Bulgarian Competition Authority publishes a Statement of Objections regarding an abusive margin squeeze by a vertical integrated national company active in the fossil fuels industry (Lukoil)
Bulgarian Commission for the Protection of Competition (Sofia)
CPC has addressed allegations for committed abuse of dominant position under art. 21 of the LPC and art. 102 of the TFEU by "Lukoil Bulgaria" EOOD* Given the socio-economic importance of fuels, due to their direct impact on the entire Bulgarian economy and on the prices of goods and services (...)

The Spanish Competition Authority imposes a €4.9M fine on an energy grid and utility company for providing access to the grid on more favourable terms to its own downstream business than it does to rivals (Enel)
Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
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Van Bael & Bellis (Brussels)
On 10 June 2022, the Spanish Competition Authority (“SCA”) found that Enel Green Power SL (“Enel”), and its parent company Endesa Generación SA (“Endesa”) infringed the Spanish national provision prohibiting abuses of dominant position by taking advantage of its dominant position in the market of (...)

The EU General Court dismisses the action brought against the Commission’s decision to make a gas company’s commitments binding in order to address competition concerns in relation to the national markets for the upstream wholesale supply of gas in eastern and central Europe (Gazprom)
General Court of the European Union (Luxembourg)
The General Court dismisses the action brought against a decision by the Commission to make binding on Gazprom commitments proposed by the latter in order to address competition concerns raised by the former in relation to the national markets for the upstream wholesale supply of gas in the (...)

The Bulgarian Competition Authority files allegations of abuse of dominance against a national energy company for unilaterally replacing water meters of customers served by other heat accountants (Veolia Energy Varna)
Bulgarian Commission for the Protection of Competition (Sofia)
The Commission for the Protection of Competition filed allegations of abuse of a dominant position of "Veolia Energy Varna" EAD, city of Varna* By Decision No. 1234/16.12.2021, issued under file No. KZK-370/2019, the KZK presented Veolia Energy Varna EAD with an allegation of a violation under (...)

The EU Court of Justice AG Rantos sets out the criteria for classifying an exclusionary practice as an abuse of a dominant position (Enel)
European Court of Justice (Luxembourg)
Advocate General Rantos sets out the criteria for classifying an exclusionary practice as an abuse of a dominant position* An incumbent operator may adopt practices aimed at retaining its customers, even in the context of a liberalisation process, but must not resort to practices which, by (...)

The EU Court of Justice AG Rantos suggests to the Court criteria to qualify abusive exploitation for a dominant position involving exclusionary practices (Servizio Elettrico Nazionale)
ACTECON (Istanbul)
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ACTECON (Istanbul)
Introduction: In recent weeks, highly praised opinion ("Opinion”) of the Advocate General Rantos, which was originally published in French, is released in English. In this article, we summarized the opinion of the Advocate General in four short sections and, supplemented each section with the (...)

The EU Court of Justice AG Rantos delivers his opinion in a request for a preliminary ruling on the conduct of an energy and gas producer in the context of the liberalisation of the electricity market in Italy (Enel)
Norton Rose Fulbright (Brussels)
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Covington & Burling (Brussels)
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Freshfields Bruckhaus Deringer (Brussels)
On 9 December 2021, Advocate General (“AG”) Rantos delivered his Opinion in Servizio Elettrico Nazionale (Case C‑377/20), a request for a preliminary ruling from the Italian Consiglio di Stato. The case concerns the conduct of the ENEL Group (“ENEL”) in the context of the liberalisation of the (...)

The Mexican Competition Authority notifies an economic agent of a statement of probable responsibility for a possible relative monopolistic practice in the commercialisation, storage and transport of oil products
Mexican Competition Authority (Mexico City)
COFECE notifies an economic agent of a statement of probable responsibility for a possible relative monopolistic practice in the commercialization, storage and transport of oil products* With this notification of a statement of probable responsibility, the trial-like procedure initiates, in (...)

The Russian Competition Authority issues a warning to a gas company to reduce retail gasoline prices in the Volgograd Region (Lukoil-Yugnefteprodukt)
Russian Federal Antimonopoly Service (Moscow)
FAS issued to the company Lukoil-Yugnefteprodukt a warning to reduce the retail gasoline price in the Volgograd Region* Being a dominant in the regional market, the company increased retail gasoline prices in the daytime at individual gas stations The Office of the Federal Antimonopoly (...)

The Russian Competition Authority issues a warning to a gas company on the need to reduce retail gasoline prices in the Republic of Kalmykia (Lukoil-Yugnefteprodukt)
Russian Federal Antimonopoly Service (Moscow)
FAS issued Lukoil-Yugnefteprodukt warning on the need to reduce retail gasoline prices* Being a dominant in the regional market, the company increased retail gasoline prices in the daytime at individual gas stations The Office of the Federal Antimonopoly Service in the Republic of Kalmykia (...)

The Romanian Competition Authority fines a natural gas transportation company €6.1M for abusing its dominant position (Delgaz Grid)
Romanian Competition Council (Bucharest)
The competition council has santioned Delgaz Grid sa with fine of euro 6,1 milion* The Competition Council has sanctioned Delgaz Grid SA, a member of E.ON group, with a fine of lei 30 million (approximately Euro 6.1 million) for abuse of dominant position on the market of services related to (...)

The EU Commission opens a formal investigation to assess whether a power exchange company abused its dominant position (EPEX Spot)
European Commission - DG COMP (Brussels)
Antitrust: Commission opens investigation into possible anticompetitive behaviour by the power exchange EPEX Spot* The European Commission has opened a formal investigation to assess whether the power exchange EPEX Spot SE (‘EPEX Spot’) has been taking advantage of its dominant position to (...)

The EU Commission opens an investigation into an electricity wholesaler’s behaviour in the Greek energy market (PPC)
European Commission - DG COMP (Brussels)
Antitrust: Commission opens investigation into PPC’s behaviour in the Greek wholesale electricity market* The European Commission has opened a formal antitrust investigation to assess possible abusive behaviour by Public Power Corporation (‘PPC’) in the wholesale Greek electricity sector. (...)

The Italian Competition Authority ends an infringement proceeding by adopting a commitment decision following a natural gas distributor’s abusive conduct (Italgas)
Giannino SI (Monserrato)
By a commitment decision made on 23 February 2021 the Italian Competition Authority (ICA) has closed an Article 102 TFEU investigation against a distributor of natural gas. This undertaking was found to have abused its dominant position by frustrating a competitive tender procedure organized by (...)

The Italian Competition Authority closes its investigation against a national gas distributor for an alleged abuse of a dominant position after addressing competition concerns (Italgas)
Italian Competition Authority (Rome)
ICA: Italgas commitments accepted for the tender concerning the gas distribution service in some municipalities of the province of Venice* According to the Authority, the competitive concerns that had led to the opening of the investigation in May 2020 have been solved L’Autorità Garante della (...)

The Italian Competition Authority accepts a company’s commitments in an abuse of dominance probe in the market for natural gas distribution (Italgas)
Freshfields Bruckhaus Deringer (Rome)
The Italian Competition Authority ("ICA") has recently closed with commitments an investigation against Italgas for an alleged abuse of dominance consisting of the refusal to supply essential information to the Venice municipality which was launching a tender concerning gas distribution (...)

The Czech Competition Authority fines a national natural gas transporter for abuse of dominant position (NET4GAS)
Czech Competition Authority (Brno)
The office imposed fine amounting to CZK 10,000,000 on NET4GAS for abuse of dominant position* The Office for the Protection of Competition imposed a fine amounting to CZK 10,000,000 on NET4GAS, s. r. o., for abuse of dominant position and prohibited alleged conduct for the future. The (...)

The Luxembourg Administrative Tribunal rules for the first time on the Competition Authority’s competence in matters of ex post control of concentrations in the energy sector (Fédération des Artisans / Encevo / Enovos Luxembourg / Paul Wagner / Fils)
Bonn & Schmitt (Luxembourg)
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Ecole de Formation du barreau (Paris)
I. Introduction On January 25, 2021 the Administrative Tribunal of the Grand Duchy of Luxembourg (hereinafter the “Administrative Tribunal”) rendered a judgment ruling for the first time on the competence of the Competition Council of the Grand Duchy of Luxembourg (hereinafter the “Competition (...)

The Austrian Supreme Court confirms that long-term contracts for the import of Russian natural gas into Austria did not constitute an abuse of market power through discrimination
Schoenherr (Vienna)
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Schoenherr (Vienna)
On 25 January 2021, the Supreme Court issued a decision on long-term contracts for the import of Russian natural gas into Austria (16 Ok 3/20g). The contracts had been concluded in 2006 for the supply of unstructured natural gas. All of the contracts expired on 31 December 2027. At the time of (...)

The Saudi Arabian Competition Authority fines national gas and industrialization company for abusing its dominant position in the market through imposing special conditions on sales and purchases (GASCO)
Saudi Arabian Competition Authority (Riyadh)
General Authority for Competition Announces Penalties against GASCO* In accordance with the mandate and jurisdiction of the General Authority for Competition (GAC) to enforce the Competition Law, in fulfillment of its role in the protection and promotion of fair competition and combating of (...)

Unilateral conduct in the energy sector: An overview of EU and national case law
WilmerHale (Brussels)
This foreword provides an overview of the practice of the European Commission (“EC”) and European national competition authorities (“NCAs”) as regards the application of competition rules to unilateral conduct in the energy sector. It is based mainly on cases reported in e-Competitions (abbreviated (...)

The Estonian Supreme Court orders a state owned energy company to pay €7 million damages to a shale oil company for abuse of dominant position by imposing excessive prices on shale oil supply (Enefit Mines / VKG Oil)
Cobalt Legal (Tallinn)
Estonian incumbent state-owned energy mining company Enefit Kaevandused AS (“Enefit Mines”) was ordered to pay to VKG Oil AS (“VKG”) for the abuse of dominant position by imposing excessive prices on oil shale supply. The final award was made by Tartu District Court on 21 May 2021, following the (...)

The Spanish Competition Authority investigates a possible abuse of dominance in the country’s natural gas market
Spanish Competition Authority (CNMC) (Madrid)
The CNMC investigates possible anticompetitive practices in Spain’s natural gas market* It assesses an alleged abuse of dominant position in said market involving foreclosure. The CNMC investigates a potential antitrust violation in Spain’s natural gas market. On 30 September and 1 October (...)

The Spanish Competition Authority investigates a potential abuse of a dominant position in the natural gas market
Ecija & Asociados (Madrid)
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Bird & Bird (Madrid)
In Spain, as in many other countries, the gas sector is crucial given its strategic importance and its necessary use for many industrial and consumer applications. It is also one of the most complex sectors, with several players spread over different upstream and downstream markets such as (...)

The Hellenic Competition Authority examines a complaint lodged by a company active in the energy sector against companies active in the mineral sector for abuse of dominance (Mytilineos / Imerys Voxites / Imerys Greece)
Hellenic Competition Commission (Athens)
Press Release: Examination of the complaint of the company MYTILINEOS S. A.* Subject: Examination of the complaint of the company MYTILINEOS S. A. - GROUP OF COMPANIES against the companies IMERYS VOXITES SA and IMERYS GREECE SA for possible violation of articles 2 of law 3959/2011 and 102 of (...)

The Italian Supreme Administrative Court refers to the EU Court of Justice questions concerning the interpretation and application of Art. 102 TFEU following an abuse of dominance in the electricity market (Enel)
Luiss Guido Carli University (Rome)
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Bird & Bird (Rome)
On 20 July, the Italian Supreme Administrative Court (Consiglio di Stato, CDS) referred to the Court of Justice (CJ) several questions concerning the interpretation and application of Article 102 TFEU. In the context of the dispute following the Italian Competition Authority’s decision to (...)

The Italian Competition Authority investigates whether a current gas distribution concessionaire abused dominance to delay competitive bidding for the next concession (Italgas)
Italian Competition Authority (Rome)
ICA: investigation launched into Italgas to verify abusive practices in the tender for the gas distribution service in some municipalities in the province of Venice* The Authority has decided to launch an investigation to verify whether Italgas Reti Spa, the current operator under extension of (...)

The Slovak Competition Authority opens an investigation into the alleged abuse of dominant position in the energy and media production distribution sectors
Norton Rose Fulbright (Brussels)
Slovak Antimonopoly Office maintains enforcement pressure during pandemic with dominance abuse probe in energy and media sectors* On April 21, 2020, the Antimonopoly Office of the Slovak Republic (the AMO) opened an investigation into an alleged abuse of a dominant position in the energy and (...)

The EU Commission adopts a decision imposing commitments on an undertaking to free up capacities at interconnection points to increase natural gas exports between countries (Transgaz)
Van Bael & Bellis (Brussels)
On 6 March 2020, the European Commission adopted a decision imposing commitments on Transgaz to free up capacities at interconnection points in order to allow for increased natural gas exports from Romania to Hungary and Bulgaria. According to the Commission’s press release, Transgaz the (...)

The Italian Regional Administrative Court of Lazio upholds the Competition Authority’s decision which fined a company for abusing its dominant position in the electricity market (Enel)
Bird & Bird (Rome)
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Luiss Guido Carli University (Rome)
On 17 October 2019, the Regional Administrative Court of Lazio (“TAR”) issued its judgment on the appeal lodged by Enel Group against the decision of the Italian Competition Authority (the “ICA”) issued on 20 December 2018. The ICA had fined the company over EUR 93 million for abusing its dominant (...)

Unilateral conduct in the energy sector: An overview of EU and national case law
WilmerHale (Brussels)
This foreword provides an overview of the practice of the European Commission (“EC”) and European national competition authorities (“NCAs”) as regards the application of competition rules to unilateral conduct in the energy sector. It is based mainly on cases reported in e-Competitions (abbreviated (...)

The Indian Competition Authority dismisses abuse of dominance allegations because a "termination of convenience" clause meets either the "good faith" or "change in circumstances" test (Oil and Natural Gas Corporation)
Vaish Associates Advocates (New Delhi)
By way of order dated 02.08.2019, CCI dismissed allegations of abuse of dominant position by Oil and Natural Gas Corporation Limited (“ONGC”) in the market for charter hire of Offshore Support Vehicles (OSVs) in the Indian Exclusive Economic Zone (EEZ), after a thorough investigation by the (...)

The French Competition Authority rejects the complaint of a petroleum company alleging a refusal to supply services by a competitor (CCIRPP / SRPP)
French Competition Authority (Paris)
Under the terms of this Decision, the Competition Authority rejects the referral of the case against the Coopérative Carburant d’Intérêt Régional Public Privé (CCIRPP) on the grounds of lack of sufficient evidence and, consequently, the request for interim protective measures ancillary to its (...)

The Bulgarian Competition Authority imposes a fine on a national electricity company for abuse of dominance in the market of balancing energy of renewables (NEK)
Tsvetkova Bebov Komarevski (Sofia)
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Tsvetkova Bebov Komarevski (Sofia)
The Bulgarian National Electricity Company sanctioned for abuse of dominance on the market of balancing energy of renewables* The Bulgarian Commission for Protection of Competition (“BCPC”) imposed a fine amounting to BGN 315 612 the National Electricity Company EAD (“NEK”) for abuse of dominance (...)

The Bulgarian Competition Authority fines an electricity provider for abuse of dominance (NEK)
Bulgarian Commission for the Protection of Competition (Sofia)
The Commission for Protection of Competition imposed to the National Electricity Company EAD pecuniary sanctions in a total amount of 315 612 BGN for infringements of Art. 21, p. 1 of the LPC. NEK abused its dominant position on the market of balancing of electricity producers from renewable (...)

The Russian Competition Authority opens proceedings against a railway company suspected of fixing monopolistically high prices (Russian Railways)
Russian Federal Antimonopoly Service (Moscow)
THE ANTIMONOPOLY SERVICE OPENED A CASE AGAINST RUSSIAN RAILWAYS* FAS exposed elements of fixing monopolistically high price for heating energy in the form of steam The Antimonopoly Service received a complaint from “Rikwest-Service” Ltd. about signs of violating the antimonopoly law by Samara (...)

The Brazilian Competition Authority enters into a settlement agreement with a major refining company for the sale of oil refineries (Petrobras)
Mattos Filho Veiga Filho Marrey Jr & Quiroga (New York)
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Mattos Filho, Veiga Filho, Marrey Jr. & Quiroga (Sao Paulo)
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Mattos Filho, Veiga Filho, Marrey Jr. & Quiroga (Rio de Janeiro)
During a hearing held on June 11, 2019, the Administrative Council for Economic Defense (CADE) entered into a Settlement Agreement with Petrobras for the sale of eight oil refineries and associated infrastructure. The agreement was approved by the majority of CADE’s Commissioners and has in (...)

The Italian Competition Authority opens an investigation against several incumbent gas distribution operators suspected to have abused individually their dominance (Ireti / Italgas / 2i Rete Gas)
Italian Competition Authority (Rome)
Antitrust investigation against Ireti, Italgas Reti and 2i Rete Gas for an alleged abuse of dominant position in the distribution of gas* On 12 March 2019 the ICA (Italian Competition Authority) has opened an investigation to assess whether Ireti Spa, Italgas Reti Spa and 2i Rete Gas Spa - the (...)

The Romanian Competition Authority opens an investigation for abuse of dominance against a distributor in the gas sector (Delgaz Grid)
Romanian Competition Council (Bucharest)
The Competition Council opened an investigation on a possible abuse of dominant position of Delgaz Grid SA* The Competition Council opened an investigation on a possible abuse of dominant position of Delgaz Grid SA, a member of E.ON Romania Group, manifested through a differentiated treatment (...)

The Italian Competition Authority fines a multinational energy company over €93 million for abusing its dominant position on certain local markets for the retail supply of electricity (Enel)
Cleary Gottlieb Steen & Hamilton (Milan)
On December 20, 2018, the Italian Competition Authority (“ICA”) fined Enel, a multinational energy company active, among other things, in the distribution and sale of electricity in Italy, over €93 million for abusing its dominant position on certain local markets for the retail supply of (...)

The EU Commission imposes a fine totalling €77M on a gas supply company and its subsidiaries for blocking access to key natural gas infrastructure in Bulgaria (BEH)
European Commission - 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 EU Commission imposes a fine totalling €77M on an energy company for abuse of dominance on Bulgarian gas markets (BEH)
Van Bael & Bellis (Brussels)
On 17 December 2018, the European Commission (the “Commission”) adopted a decision imposing a fine of € 77,068,000 on Bulgarian Energy Holding (“BEH”), its gas supply subsidiary Bulgargaz, and its gas infrastructure subsidiary Bulgartransgaz (together, the “BEH Group”) for infringing Article 102 of (...)

The Indian Competition Authority finds no abuse of dominance in long-term contracts by a dominant firm on the basis that the plaintiffs had the possibility of shorter contracts (Gail India)
Vaish Associates Advocates (New Delhi)
CCI finds no abuse of dominance by GAIL in enforcing one-sided clauses in long-term supply contracts in the natural gas market* The CCI by way of order dated November 8, 2018 exonerated GAIL (India) Ltd (of allegations of abusing its dominant position in the Re-gasified Liquified Natural Gas (...)

The Romanian Competition Authority opens an investigation into alleged abuse of dominant position on the market of energy production and trading (Hidroelectrica)
Romanian Competition Council (Bucharest)
The Competition Council investigates a possible abuse of dominant position of Hidroelectrica SA* The Competition Council opened an investigation concerning an alleged dominant possition of Hidroelectrica SA on the market of Romanian market energy production and trading. The Competition (...)

The Portuguese Competition Authority issues a statement of objections to a company for abuse of dominance to the detriment of consumers in the electricity market (EDP Produção)
Portuguese Competition Authority (Lisbon)
AdC issues Statement of Objections to EDP Produção for abuse of dominance to the detriment of consumers* The Portuguese Competition Authority (Autoridade da Concorrência – AdC) issued a Statement of Objections against EDP – Gestão da Produção de Energia, S.A. (EDP Produção) for abuse of dominance in (...)

The Lithuanian Competition Authority terminates investigation into suspected abuse of dominance of a petroleum products manufacturer (Orlen Lietuva)
ESG Legal (Vilnius)
Lithuanian Competition Council (Lietuvos konkurencijos taryba, “LCC”) terminated investigation into suspected abuse of dominance of the manufacturer of petroleum products ORLEN Lietuva (ORLEN). The investigation was originally initiated based on the complaint from the Association of the (...)

The Turkish Competition Authority fines a company for abuse of dominant position in the electricity sector (Enerjisa)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
This case note analyses the Turkish Competition Board’s (“Board”) recently published Enerjisa decision of 8 August 2018 numbered 18-27/461-224 in which the Board assessed whether Enerjisa and its subsidiaries, all active in the electricity sector in Turkey, violated Article 6 of Law No. 4054 (...)

The Indian Competition Authority fines a 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 Indian Competition Authority opens an investigation into the abuse of dominance by an oil and natural gas company in the market for charter hire of offshore support vehicles (Indian National Shipowners’ Association / Oil and Natural Gas Corporation)
Vaish Associates Advocates (New Delhi)
CCI directs investigation against Oil and Natural Gas Limited (‘ONGC’) for abuse of dominant position* The CCI by way of an order dated June 12, 2018 has directed investigation under Section 26(1) of the Act against ONGC for abusing its dominant position in the relevant market for “charter hire (...)

The EU Commission imposes a set of binding obligations on a dominant gas supplier to enable free flow (Gazprom)
European Commission - DG COMP (Brussels)
Antitrust: Commission imposes binding obligations on Gazprom to enable free flow of gas at competitive prices in Central and Eastern European gas markets* The European Commission has adopted a decision imposing on Gazprom a set of obligations that address the Commission’s competition concerns (...)

The EU Commission accepts commitments to settle an investigation into conduct affecting Central and Eastern European gas markets (Gazprom)
Van Bael & Bellis (Brussels)
On 24 May 2018, the Commission adopted a decision accepting a number of commitments from Gazprom to address the Commission’s competition concerns regarding conduct by Gazprom that allegedly restricted the free flow of gas at competitive prices in Central and Eastern European gas markets. The (...)

The EU Commission accepts the commitments offered by an oil and gas company to enable the free flow of gas in CEE gas markets at competitive prices (Gazprom)
IPR University Center (Helsinki)
The European Commission Settles the Long-running Antitrust Case with Gazprom by Agreeing on Commitments* After almost seven years, the European Commission (“Commission”) settled its long-running antitrust case with the Russian energy giant, PJSC Gazprom and its wholly-own subsidiary Gazprom (...)

The Turkish Competition Authority imposes fines totalling €8.1M on an electricity distributor and its subsidiary for abuse of dominance (Akdeniz EDAS / CLK / Ak Den)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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Kia (Frankfurt)
Upon a number of complaints, the Turkish Competition Board (the “Board”) opened an in-depth investigation against Akdeniz Elektrik Dağıtım A.Ş. (“Akdeniz Elektrik”), CK Akdeniz Elektrik Perakende Satış A.Ş. (“CK Akdeniz”) and AK DEN Enerji Dağıtım ve Perakende Satış Hizmetleri (“AK DEN”), which were all (...)

The Chinese Supreme People’s Court finds no abuse of dominance in the central heating market (Bayannuer Sunshine Energy / Linhe Thermal Power Plant / Northern United Electric Power)
Beijing Foreign Studies University
Identification and Abuse Analysis of Market Dominance of Public Utilities: Thoughts of the Supreme People’s Court of China on Antitrust Litigation of Heating Units In December 2017, the Supreme People’s Court of China decided to reject the retrial application of Sunshine Energy Co., Ltd. in the (...)

The Slovenian Competition Authority accepts commitments by the incumbent gas importer and supplier addressing concerns relating to long-term contracts on natural gas supply with industrial customers (Geoplin)
Fatur Law Firm (Ljubljana)
Introduction On 10 November 2017, the Slovenian Competition Protection Agency (hereinafter referred to as the CPA) has adopted a decision that renders legally binding the commitments offered by GEOPLIN LLC. (hereinafter referred to as GEOPLIN ), incumbent gas importer and supplier in the (...)

The Indian Competition Authority dismisses allegations of abuse of a dominant position against the largest national energy conglomerate (Tata Power Delhi Distribution / NTPC)
Vaish Associates Advocates (New Delhi)
CCI dismisses allegations of abuse of dominance against NTPC -India’s largest energy conglomerate* The CCI vide its order dated 12.10.2017 has dismissed allegation of abuse of dominance and anti-competitive conduct against NTPC Limited, India’s largest public electricity generator (the Opposite (...)

The Indian Competition Authority opens its third investigation in a short amount of time into the abuse of dominance by one of the largest national energy companies (Mohan Meakin / Gail India)
Vaish Associates Advocates (New Delhi)
GAIL comes under CCI scanner once again* The Competition Commission of India (‘CCI’) on a complaint filed by Mohan Meakin Ltd. has directed yet another investigation into alleged unfair market practices leading to abuse of dominant position by GAIL (India) Ltd. (‘GAIL’), vide its latest order (...)

The Paris Court of Appeal denies a utility company’s request for information regarding rival’s settlement with the French Competition Authority (ENGIE / Direct Energie)
TotalEnergies (Paris)
The settlement procedure in France The major change is that parties willing to conclude a settlement procedure will be informed of the minimum and maximum fine that may be imposed (and not of a percentage of reduction relating an amount of sanction which is not yet known). The disclosure (...)

The Russian Competition Authority fines a gas producer for abuse of dominance (Gazprom)
Russian Federal Antimonopoly Service (Moscow)
Ingushia OFAS fined “Gazprom Mezhregiongaz Pyatigorsk” Ltd. 140 million RUB* Fines are imposed for infringing the interests of small companies The decisions on abusing dominance were made after investigating several cases upon statements of small companies in the Republic of Ingushetia with (...)

The Indian Competition Authority dismisses allegations of abuse of dominance against a state-owned coal production company on the grounds that the authority lacks jurisdiction and the firm is not dominant (Singareni Collieries)
Vaish Associates Advocates (New Delhi)
CCI closes allegation of abuse of dominance against Singareni Collieries Company Ltd.* The CCI vide its order dated June 12, 2017 has closed an allegation of abuse of dominant position against Singareni Collieries Company Limited (SCCL) in an information filed by Karnataka Power Corporation (...)

The EU Commission opens a formal investigation to assess whether Romania’s gas transmission system operator has abused its dominant position (Transgaz)
European Commission - DG COMP (Brussels)
Antitrust: Commission opens investigation into gas export restrictions from Romania* The European Commission has opened a formal investigation to assess whether Romania’s gas transmission system operator Transgaz has been hindering gas exports from Romania to other EU Member States. The (...)

The Russian Competition Authority sanctions an energy company for abuse of dominance in the electricity market (Novgorodoblenergo)
Russian Federal Antimonopoly Service (Moscow)
“Novgorodoblenergo” JSC abused market dominance* Novgorod OFAS found that the company violated the Federal Law “On Protection of Competition” The antimonopoly body opened a case upon complaint from “Elkom” Ltd. Prior to initiating the proceedings Novgorod OFAS issued a warning to (...)

The French Competition Authority fines an energy company €100M 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 French Competition Authority imposes a fine totalling €100M on an energy provider for abuse of dominance (ENGIE)
French Competition Authority (Paris)
The Autorité de la concurrence fines ENGIE 100 million euros for abusing its dominant position by using in particular its historical data file to convert its customers on regulated gas tariffs to market-based contracts for gas and electricity.* Furthermore, in another case regarding ENGIE (...)

The EU Commission launches a market test on an energy company’s commitments relating to the Central and Eastern European gas markets (Gazprom)
Van Bael & Bellis (Brussels)
On 13 March 2017, the European Commission launched a market test on commitments submitted by Gazprom aimed at addressing concerns over its alleged abuse of dominance on Central and Eastern European gas supply markets. In April 2015, the European Commission announced that it had sent a (...)

The Indian Competition Authority finds no abuse of dominance in the market for industrial bearings (Shah Associates / Timken India)
Vaish Associates Advocates (New Delhi)
Background and Allegation Information was filed before the Competition Commission of India (“CCI/Commission”) by M/s Shah Associates (“Informant”) alleging abuse of dominance by Timken India Limited (“Timken”). The informant is engaged in the business of trading in bearings, gear boxes and chains (...)

The Bulgarian Supreme Administrative Court quashes the Competition Authority’s decision on an abuse of dominance case 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 Polish Supreme Court finds that a decision of the Competition Authority and the judgment of the Court of Appeal failed to establish a sufficiently precise relevant market definition to enable the finding of an abuse of dominance in the natural gas sector (PGNiG)
Utrecht University
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Affre i Wspólnicy (Warsaw)
In the judgment of the Supreme Court (“SC”) of 10 January 2017, (III SK 61/15) concerning the alleged abuse of dominant position by PGNiG S.A. – a Polish natural gas company, the case was referred back to the Court of Appeal in Warsaw (“CA”). The SC found that neither the President of the Office of (...)

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)
Diwok Hermann Petsche (Baker McKenzie 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 Appellate Tribunal reverses the Competition Authority’s decision and orders an investigation into the national gas supplier for alleged unfair contractual terms (Gipcl Gujarat Industries Power Company / Gail Gas Authority of India)
Vaish Associates Advocates (New Delhi)
COMPAT orders investigation against Gas Authority of India Limited (GAIL) for abuse of dominance* COMPAT by order dated November 28, 2016 has set aside the order of CCI refusing investigation against GAIL for allegedly incorporating unfair terms and conditions in its gas supply agreements with (...)

The Chinese Kunming Intermediate People’s Court decides that a refusal to purchase in the refined oil market is not anticompetitive (Yunnan Yingding Biological Energy / Sinopec)
Hogan Lovells (Beijing)
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University of Melbourne
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China Competition Bulletin (Beijing)
On 8 October 2016, the Kunming Intermediate People’s Court amended its first-instance decision in the refusal to deal dispute between Yunnan Yingding Biological Energy, a biodiesel company, and Sinopec’s branch in Yunnan. In December 2014, the court had originally decided the case in the (...)

The Indian Competition Authority opens an investigation into alleged abuse of dominance practices by the national gas supplier with its customers (Rico Auto / Omax Autos / Rico Castings / GAIL Gas Authority of India)
Vaish Associates Advocates (New Delhi)
CCI initiates investigation against Gas Authority of India Limited (GAIL) for alleged abuse of dominance* CCI by its order dated October 3, 2016 has directed investigation against GAIL for alleged abuse of dominant position in relation to gas supply agreements (GSAs) with its customers. The (...)

The French Competition Authority imposes several interim measures on an energy provider suspected of abuse of dominance (Engie)
French Competition Authority (Paris)
The Autorité de la concurrence issues several urgent interim measures on Engie so that the price of some of its market offers to business customers reflects its costs.* In brief Last October, Direct Enrgie made a referral to the Autorité de la concurrence. In particular it reported that (...)

The US Court of Appeals for the Ninth Circuit provides a framework for parties seeking to plead and prove antitrust claims arising out of aftermarket issues (Aerotec / Honeywell)
Hausfeld (Washington)
In September, the Ninth Circuit issued an opinion in Aerotec Int’l v. Honeywell Int’l that it dubbed “an antitrust primer for aftermarket issues,” in a case alleging a broad spectrum of aftermarket-related claims. No. 14-15562, slip op. (9th Cir. Sept. 9, 2016). The Aerotec opinion, authored by (...)

The Turkish Competition Authority concludes that a turnover rebate system does not constitute an abuse of dominance in the fuel wholesale market (Tüpraş / Ader)
ELIG Gürkaynak Attorneys-at-Law (Istanbul)
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ELIG Gürkaynak Attorneys-at-Law (Istanbul)
This case note analyses the Turkish Competition Board’s (“Board”) TÜPRAŞ decision of 16.03.2016, No. 16-10/159-70. The Board reviewed the allegations of abuse put forward by Akaryakıt Ana Dağıtım Şirketleri Derneği (“ADER”) against Türkiye Petrol Rafinerileri A.Ş. (“TÜPRAŞ”). TÜPRAŞ allegedly abused its (...)

The Hellenic Competition Authority accepts remedies proposed by an electricity producer ending competition concerns (PPC)
Hellenic Competition Commission (Athens)
HCC has accepted commitments proposed by the PPC S.A. to address competition concerns with regard to the supply of electricity to Aluminium of Greece S.A.* By a unanimous decision, the Hellenic Competition Commission (HCC) accepted commitments proposed by the Public Power Corporation S.A. (PPC (...)

The EU Commission accepts commitments proposed by an electricity provider to open up the Bulgarian wholesale electricity market (Bulgarian Energy Holding)
European Commission - DG COMP (Brussels)
Antitrust: Commission accepts commitments by Bulgarian Energy Holding to open up Bulgarian wholesale electricity market* The European Commission has adopted a decision that renders legally binding the commitments offered by Bulgarian Energy Holding (BEH) to end competition restrictions on (...)

The EU Commission accepts the commitments proposed to end competition restrictions in Bulgaria’s wholesale electricity market (Bulgarian Energy Holding)
Mondelez (Sofia)
On December 10, 2015 the European Commission accepted the commitments proposed by Bulgarian Energy Holding to open up the Bulgarian wholesale electricity market. The decision should lead to greater liberalization and transparency on the wholesale electricity market in Bulgaria, thus enhancing (...)

The Indian Competition Authority dismisses allegations of abuse of dominance against petroleum refiner due to absence of market dominance (AnjaniSut Fuel / Reliance Industries)
Vaish Associates Advocates (New Delhi)
CCI closes two cases against Reliance Industries Limited* CCI by its order dated November 17, 2015 ordered dismissed allegations of violation of Section 4 of the Act, in an information filed by AnjaniSut Fuel (Informant) against Reliance Industries Ltd.(RIL) In order to obtain the dealership (...)

The Moscow Arbitration Court confirms that an electricity provider has abused its dominance in the market of electric power transmission (MRSK Siberia)
Russian Federal Antimonopoly Service (Moscow)
Arbitration Court supported Kemerovo OFAS in a dispute with “MRSK Siberia”* Arbitration Court of the Kemerovo Region pronounced legitimacy and determination of the Office of the Federal Antimonopoly Service in the Kemerovo Region (Kemerovo OFAS) with regard to “MRSK Siberia” OJSC. The company (...)

The Indian Competition Authority dismisses allegations of abuse of dominance against 7 power distribution companies on grounds of lack of jurisdiction (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 Polish Competition Authority fines a gas supplier for failing to fully comply with a commitment decision (PGNiG)
Polish Competition Authority (Warsaw)
PGNiG, Poland’s leading gas supplier, fined for failing to fully comply with a commitment decision* UOKiK has fined Polskie Górnictwo Naftowe i Gazownictwo (PGNiG), a leading Polish oil and gas company, EUR 2.45 mln for failing to comply with a part of the commitment decision it had accepted in (...)

The Latvian Administrative Regional Court upholds the decision of the Competition Authority that fined and imposed remedies on the national gas supplier in a case of abuse of dominance (Latvijas Gāze)
Latvian Competition Council (Riga)
Court agrees with the Competition Authority to fine the National Gas Supplier* On 2 September, the Administrative Regional Court confirmed the Competition Council’s (CC) decision to impose the only natural gas supplier in Latvia – AS "Latvijas Gāze" – remedies to change the practice of debt (...)

The Russian Competition Authority welcomes the payment of the fine imposed on an electricity provider for abuse of dominance (Gorelektroset)
Russian Federal Antimonopoly Service (Moscow)
Novokuznetsk Electric Grid Company – “Gorelektroset” paid a 2-million fine* “Gorelektroset” Ltd. notified the Office of the Federal Antimonopoly Service in the Kemerovo region (Kemerovo OFAS Russia) about paying the 2-million fine. In April 2014 Kemerovo OFAS Russia found that the company violated (...)

The Russian Competition Authority welcomes the payment of a fine imposed on a heat supplier for abuse of dominance (Sverdlovsk)
Russian Federal Antimonopoly Service (Moscow)
Sverdlovsk heat supplier paid a 4-million RUB fine* “Sverdlovsk Heat Supplier” Ltd. (“STK” Ltd.) notified the Office of the Federal Antimonopoly Service in the Sverdlovsk Region (Sverdlovsk OFAS) on paying the 4-million RUB fine imposed for violating the antimonopoly law. Earlier the regulator (...)

The Russian Competition Authority fines an electricity provider for abuse of dominance (Dagenergoset)
Russian Federal Antimonopoly Service (Moscow)
Dagestan OFAS fined “Dagenergoset”* The Office of the Federal Antimonopoly Service in the Republic of Dagestan (Dagestan OFAS Russia) found that “Dagenergoset” OJSC abused its market dominance (Part 1 Article 10 of the Federal Law “On Protection of Competition”) and fined the company 1.5 million (...)

The Russian Competition Authority welcomes the payment of a fine imposed on a gas provider for abuse of dominance (Gazprom)
Russian Federal Antimonopoly Service (Moscow)
“Gazprom Gazoraspredelenia Sever” OJSC paid a 3.5 million RUB* “Gazprom Gazoraspredelenia Sever” OJSC paid a 3.5 million RUB for abusing dominance on the market of gas transportation services. The fine reached 1% of the annual company revenue. The Office of the Federal Antimonopoly Service in (...)

The Hellenic Competition Authority issues a provisional order against an undertaking suspected of abuse of dominance in the markets for the production and trade of electricity (PPC)
Hellenic Competition Commission (Athens)
Adjournment of hearing of interim measures and issuance of provisional order against PPC SA* The Hellenic Competition Commission (HCC) has deferred the hearing of the case concerning ex officio adoption of interim measures against Public Power Corporation S.A. Greece (PPC) until September (...)

The Russian Competition Authority fines a gas provider RUB 8.6M for abuse of dominance (Gazprom)
Russian Federal Antimonopoly Service (Moscow)
Dagestan OFAS fined “Gazprom Regiongaz Pyatigorsk” 8.6 million RUB* The Office of the Federal Antimonopoly Service in the Republic of Dagestan (Dagestan OFAS) found that “Gazprom Regiongaz Pyatigorsk” Ltd. violated the antimonopoly law. The company shall pay over 8.6 million RUB as a fine for (...)

The Moscow Arbitration Appeal Court confirms a fine imposed on a gas provider for abuse of dominance (Sakhatrnasneftegaz)
Russian Federal Antimonopoly Service (Moscow)
Appeal Court confirmed the conclusions of Yakutia OFAS* The 4th Arbitration Appeal Court supported the Office of the Federal Antimonopoly Service in the Republic of Sakha (Yakutia) (Yakutia OFAS Russia) in a dispute with “Sakhatrnasneftegaz” OJSC. Earlier the regulator found that the company (...)

The EU Commission launches a market test concerning the commitments proposed by an electricity provider operating in the Bulgarian wholesale electricity market (Bulgarian Energy Holding)
European Commission - DG COMP (Brussels)
Commission market tests commitments by Bulgarian Energy Holding (BEH) concerning Bulgarian wholesale electricity market* The European Commission is inviting comments from interested parties on commitments offered by the State-owned Bulgarian Energy Holding EAD (BEH) to address competition (...)

The Russian Competition Authority sends a warning to a gas provider suspected to impose disadvantageous contract conditions (Gazprom)
Russian Federal Antimonopoly Service (Moscow)
“Gazprom” received a FAS warning* On 18 June 2015, the Federal Antimonopoly Service (FAS Russia) issued a warning to “Gazprom” OJSC to eliminate elements of violating the antimonopoly law (Clause 3 Part 1 Article 10 of the Federal Law “On Protection of Competition”). “Gazprom” OJSC avoided (...)

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 Russian Competition Authority fines an electricity provider RUB 50M for abuse of dominance (Lenenergo)
Russian Federal Antimonopoly Service (Moscow)
St Petersburg OFAS fined “Lenenergo” nearly 50 million RUB* The Office of the Federal Antimonopoly Service (St Petersburg OFAS Russia) found that “Lenenergo” OJSC abused dominance (Part 1 Article 10 of the Federal Law “On Protection of Competition”) and fined the company nearly 50 million RUB. The (...)

The Belgian Competition Authority closes its investigation against an electricity supplier after finding no infringement of the competition rules (Electrabel / Lampiris)
Belgian Competition Authority (Brussels)
The Investigation and Prosecution Service of the Belgian Competition Authority closes its investigation regarding the incorporation by Electrabel of the opportunity cost of greenhouse gas emission allowances it had received free of charge in its wholesale price for electricity.* In a complaint (...)

The East Kazakhstan Judicial Appeal Board fines a group of companies for refusing to conclude a contract with the customer (AES Ust-Kamenogorsk HPP / AES Shulba HPP / AES Sogrinsk CHP / AES Ust-Kamenogorsk CHP)
Center for Development and Protection of Competition Policy (Astana)
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Kazakhstan Association of Mining and Metallurgical Companies (Astana)
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Center for Development and Protection of Competition Policy (Astana)
On April 13, 2015 Judicial Appeal Board on civil and administrative cases of East Kazakhstan region considered the petition of appeal filed by “AES Ust-Kamenogorsk HPP” LLP against the order of the specialized administrative court of Ust-Kamenogorsk dated March 16, 2015 (Court of first (...)

The Canadian Competition Authority holds that the exit of a dominant firm from the relevant market does not end the abuse of dominance claim (Direct Energy)
Conzen O’Connor (Toronto)
Not out of hot water: Direct Energy’s exit does not end abuse case* Direct Energy’s exit from the hot water heater rental market did not turn down the heat from the Commissioner The exit of a respondent in an abuse of dominance case does not mean the case cannot continue, the Competition (...)

The Russian Competition Authority sanctions an electricity provider having imposed disadvantageous contract conditions for abuse of dominance (IDGR)
Russian Federal Antimonopoly Service (Moscow)
Imposing disadvantageous conditions by “IDGR of the North-West” is unlawful* On 20 January 2015, the Arbitration Court of Moscow District pronounced legitimacy of the decision and determination of the Federal Antimonopoly Service (FAS Russia) with regard to “Interregional Distribution Grid (...)

The Almaty City Specialised Interdistrict Administrative Court condemns abuse of dominant position in the gasoline market (Helios)
Center for Development and Protection of Competition Policy (Astana)
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Kazakhstan Association of Mining and Metallurgical Companies (Astana)
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Center for Development and Protection of Competition Policy (Astana)
Facts The regional division of the Antimonopoly body of Kazakhstan in Almaty city has recently finished investigation of violations of the antitrust law concerning «Helios» LLP. In accordance with the results of investigation into “Helios” LLP it was established that in August 2014 the Company (...)

The Slovenian Competition Authority fines an incumbent gas importer and supplier for abuse of dominance by imposing prohibited contractual clauses on the market of gas supply to large industrial customers (Geoplin)
Slovenian Competition Authority (Ljubljana)
Geoplin abused its dominant position on the market of gas Supply by prohibited contractual clauses* Slovenian Competition Protection Agency (CPA) concluded that Geoplin, incumbent gas importer and supplier in the Republic of Slovenia, abused its dominant position on the market of gas supply to (...)

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