The French Competition Authority orders the electricity incumbent to amend early termination clauses in supply contracts (EDF)

Background and facts Pursuant to Directive 96/92/EC [1] and subsequently Directive 2003/54/EC [2], all non-household customers (i.e. any natural or legal persons purchasing electricity which is not for their own household use) became eligible customers as of 1st July 2004, meaning that they are free to purchase their electricity supplies from alternative suppliers, rather than from EDF. On 1st July 2007, the French electricity markets will be fully liberalized, as all electricity consumers (i.e. both non-household and household customers) become eligible. In this context, a trading operator, KalibraXE, argued before the French Competition Council (the Council) that exclusivity clauses contained in EDF supply contracts prevent other suppliers from entering the market with

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Authors

  • Kramer Levin Naftalis & Frankel (Paris)
  • Eversheds Sutherland (Paris)
  • Johnson & Johnson (Issy-les-Moulineaux)

Quotation

Noëlle Lenoir, Dan Roskis, Charlotte-Mai Doremus, The French Competition Authority orders the electricity incumbent to amend early termination clauses in supply contracts (EDF), 25 April 2007, e-Competitions Interim measures, Art. N° 13724

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