Regulated prices & Energy

Anticompetitive practices

The Australian Competition Authority announces that restrictions on travel and economic activity due to the COVID-19 outbreak have an enormous effect on petrol prices
Australian Competition and Consumer Commission (Canberra)
Petrol prices ended bumpy year slightly lower as demand rebounded* Petrol prices in Australia’s five largest cities stabilised at the end of 2020 after an unpredictable year and petrol sales volumes continued to recover from their earlier pandemic-driven slump. That’s according to the ACCC’s (...)

The French Competition Authority delivers its opinion on the competitive situation in Corsica island with a focus on food distribution, fuel distribution, maritime services, and waste management
Autorité de la concurrence (Paris)
Food distribution, fuel distribution, maritime services and waste management: the Autorité delivers its opinion on the competitive situation in Corsica island* Following an investigation lasting several months, the Autorité today issues its opinion on the competitive situation on the island. (...)

The UK Competition Authority publishes a report setting out its provisional findings during a market investigation of the energy sector
Jones Day (London)
The UK Competition and Markets Authority ("CMA") published a report on 7 July 2015 setting out its provisional findings in a market investigation of the energy sector, in particular for gas and electricity at both wholesale and retail levels in the UK. Market investigations involve in-depth (...)

The EU Court of Justice rules that a mechanism for offsetting in full the additional costs imposed on undertakings because of an obligation to purchase wind-generated electricity at a price higher than the market price is imputable to the state (Association Vent De Colère / Ministre de l’Écologie)
University of Bristol - Law School
CJEU follows AG Jääskinen in revisiting PreussenElektra and minimising Doux Elevages’ requirements for State imputability of aid measures (C-262/12)* In its Judgment of 19 December 2013 in case C-262/12 Vent De Colère and Others, the Court of Justice of the EU has largely followed AG Jääskinen’s (...)

The Australian Competition Authority publishes its September 2013 quarterly report, including information on cartel proceedings regarding the supply of ball and roller bearings for aftermarket applications
Australian Competition and Consumer Commission (Canberra)
ACCC quarterly report puts spotlight on statutory information gathering powers* The Australian Competition and Consumer Commission has published its September 2013 quarterly report, ACCCount. In the last quarter, the ACCC was involved in 10 proceedings relating to competition enforcement (...)

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 (Dusseldorf)
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 Bosnian and Herzegovinian Competition Authority rejects a complaint alleging the anti-competitive character of the government subsidies for energy generation from renewable sources (APEOR)
University of Macau - Faculty of Law (Macau)
On 4 October 2012 the Competition Authority of Bosnia & Herzegovina (KV) rejected the complaint of the Association of renewable energy producers (APEOR) alleging the anti-competitive nature of the measures adopted by the Government of the Federation of Bosnia and Herzegovina (VFBiH) for the (...)

The Italian Competition Authority fines four local associations for anticompetitive practices in the sector of services for thermic plants (Manutenzione impianti termici Comune di Potenza)
Cleary Gottlieb Steen & Hamilton (Rome)
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Macchi di Cellere Gangemi (Rome)
On September 22nd, 2011 the Italian Competition Authority (hereinafter, ICA) fined four local associations of companies, artisans and cooperatives for concerted practices aimed at fixing the economic conditions for the control and maintenance of thermic plants in the City of Potenza. The (...)

The Moldovan Competition Authority finds concerted practices on the market for retail of oil derivatives (Petroleum companies)
University of Macau - Faculty of Law (Macau)
On 17 February 2011 the Moldovan Competition Authority (ANPC) established that 7 petroleum companies (ICS Lukoil Moldova SRL, ICS Petrom-Moldova SA, ICS Bemol Retail SRL, IM Rompetrol Moldova SA, IM Tirex Petrol SA, SC Parstar Petrol SRL, Valieximp SRL) engaged in a concerted practice of fixing (...)

Unilateral Practices

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 German Competition Authority closes its proceedings on abusive pricing against district heating suppliers and obtains antitrust remedies (Innogy)
German Competition Authority (Bonn)
Proceedings against district heating suppliers concluded* The Bundeskartellamt has concluded its proceedings on abusive pricing against district heating suppliers. In a number of supply areas the suppliers have offered commitments in response to the authority’s concerns about abusively (...)

The Turkish Competition Authority closes its investigation into an electricity distribution and retail company for increasing the switching costs for eligible customers and impeding the opportunities of competitors (Ayedas)
University of Sussex (Brighton)
This case note analyses the decision of the Turkish Competition Authority (TCA) in which it has closed the investigation it launched into an electricity retail sale company, AYESAS, for unilaterally including most of the eligible customers into its own portfolio without signing an agreement (...)

The Moldovan Competition Authority finds an exploitative abuse of dominant position in the invoicing practices of an electricity distributor (RED Union Fenosa)
University of Macau - Faculty of Law (Macau)
On 22 February 2011 the Moldovan Competition Authority (ANPC) established that I.C.S. RED Union Fenosa S.A. (Union Fenosa) has abused its dominant position on the market for supply and distribution of electricity at regulated tariffs by including an automatic notice of disconnection in its (...)

The Macedonian Administrative Court upholds the Competition Authority’s decision establishing abusive charges on the electricity distribution market (Elektrostopanstvo)
University of Macau - Faculty of Law (Macau)
On 10 December 2009 the Macedonian Administrative Court has put a full stop in a lengthy litigation process between the Macedonian Competition Authority (KZK) and incumbent electricity provider Elektrostopanstvo, which according to the KZK has abused its dominant position on the market for (...)

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 Polish Competition Authority imposes a financial penalty on an electricity distributor for the delay in issuance of the connection conditions for wind farms’ access to an electricity grid (ENEA Operator)
WKB Wiercinski Kwiecinski Baehr (Poznan)
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WKB Wierciński Kwieciński Baehr (Warsaw)
The Polish competition authority imposed a fine of PLN 11 million (approx. EUR 3 million) on ENEA Operator S.A., a company distributing electricity in the northwestern Poland, which serves over 2,5 million customers. The President of the Office of Competition and Consumer Protection (“the OCCP (...)

Mergers

The French Competition Authority clears, subject to conditions, a merger in the electricity and gas supply markets (Electricité de Strasbourg / Enerest)
Autorité de la concurrence (Paris)
Press Release published on the official website of the French Competition Authority. The Autorité de la concurrence clears – subject to conditions – the acquisition of Enerest by Electricité de Strasbourg (EDF Group)*. Electricité de Strasbourg, a company owned 88.82% by EDF, is a local (...)

The Portuguese Competition Authority conditionally clears the acquisition of sole control over the rights to exploit hydroelectric power stations (EDP / EDIA)
Cuatrecasas (Lisbon)
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Entidade Nacional para o Mercado dos Combustíveis, E.P.E. (Portuguese National Entity for Fuel Market)
On 14 January 2008, EDP notified the Competition Authority (“AdC”) of the acquisition of sole control over the rights held by EDIA to exploit Alqueva and Pedrógão hydroelectric power stations. Through this transaction, EDIA assigned to EDP the rights it had been conferred upon by the Portuguese (...)

Procedures

The Moldovan Competition Authority applies the non bis in idem principle in the investigation of abuse of dominance in the electricity market (Gas Natural Fenosa Furnizare)
University of Macau - Faculty of Law (Macau)
On 21 June 2018 the Competition Council of the Republic of Moldova (CC) has concluded its investigation into the alleged abuse of dominant position in the form of refusal to deal on the part of the electricity supplier Gas Natural Fenosa Furnizare Energie SRL. Based on the principle of ne bis (...)

The Bulgarian Competition Authority advocates for removing restrictions of competition concerning surveyors and providers of energy efficiency audits (EEL)
European Commission (Brussels)
CPC Advocates for Removing Restrictions of Competition Concerning Surveyors and Providers of Energy Efficiency Audits* In the framework of its advocacy activities aimed at removing restrictions of competition in the field of professional services, the Commission on Protection of Competition (...)

Regulatory

The French State Council releases a decision on the compliance of french regulated public tariffs on electricity with EU law (Engie / ANODE)
JPTT-Vitale (Paris)
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JPTT-Vitale (Paris)
Compliance with EU law by French regulated public tariffs, on both natural gas and electricity, is a long disputed legal question. In addition, two decisions from the Conseil d’Etat (“CE”), the French Supreme Administrative Court, apparently reach contradictory conclusions, first on 19 April 2017 (...)

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 German Competition Authority issues a joint report on the main developments in the German electricity and gas markets in 2015
German Competition Authority (Bonn)
Energy Monitoring Report 2016 published by the Bundesnetzagentur and the Bundeskartellamt* The Bundesnetzagentur and the Bundeskartellamt today published their joint Monitoring Report on the main developments in the German electricity and gas markets in 2015. Large variety of suppliers on the (...)

The French Competition Authority issues its opinion on a draft decree in relation to the method of calculating regulated electricity tariffs
Autorité de la concurrence (Paris)
The Autorité issues the opinion delivered to the Minister of the Economy concerning the draft decree amending the method of calculating regulated electricity tariffs (TRVs).* Following a request from the Minister of the Economy, Industry and the Digital Economy on a draft decree establishing a (...)

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 New Zealand Competition Authority issues information disclosure requirements for the owner and operator of the national electricity transmission grid (Transpower)
New Zealand Commerce Commission (Wellington)
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 UK OFGEM introduces new rules aiming at increasing competition on the retail market and making energy pricing simpler, clearer and fairer
University of East Anglia (Norwich)
Article published on Centre for Competition Policy blog. A Simple Way to Boost Competition in the Energy Market* The latest round of increases in energy prices has sparked an angry debate about how well competition is working in the UK market. Energy companies claim increases reflect rising (...)

The French Competition Authority welcomes the fact that all electricity suppliers are now allowed to offer their customers social electricity tariffs
Autorité de la concurrence (Paris)
Press Release published on the official website of the French Competition Authority. The Autorité de la concurrence welcomes the fact that all electricity suppliers are now allowed to offer their customers social electricity tariffs. It also recommends that the government initiate an (...)

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 German Competition Authority works currently on the implementation of the fuel price reporting requirement which is enabling consumers to gain information on current fuel prices at petrol stations (MTS Kraftstoffe)
German Competition Authority (Bonn)
Transparency Unit for Fuels - Registration of companies obliged to report prices* The Bundeskartellamt’s Market Transparency Unit is currently working on the implementation of the fuel price reporting requirement which is to enable consumers to gain information on current fuel prices at petrol (...)

The French Competition Authority issues an opinion regarding a draft decree on regulated gas tariffs
Autorité de la concurrence (Paris)
Press Release published on the official website of the French Competition Authority. Maintaining regulated gas tariffs has an unfavourable influence on the competitive process without making any positive contribution to the competitiveness of French companies or the purchasing power of (...)

The UK OFGEM publishes proposals and draft impact assessments to enhance competition engagement in the retail energy market
University of East Anglia (Norwich)
Article published on Centre for Competition Policy blog. Should we Regulate the Structure of Consumer Tariffs to Make Competition Work Better? Two Cheers for Ofgem* The UK energy regulator today published its heavily trailed and significant proposals to constrain the regular tariffs which (...)

The Austrian Competition Authority adopts a report on oil price assessments (Platts)
European Commission (Brussels)
Austria: Report on Platts Price Assessments On 6 August 2010, the Austrian Federal Competition Authority (FCA) has adopted a report based on an extensive analysis of the Platts notations. Platts is part of McGraw-Hill’s Information and Media Services group. Apart from a broad range of other (...)

The French Competition Authority issues an opinion on the government bill on the new organisation of the electricity market (NOEM)
Autorité de la concurrence (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 Lithuanian Supreme Administrative Court annuls the Competition Authority’s decision on unfair pricing for use of public telecommunications infrastructures and sends the case back for reinvestigation (Vilniaus Energija)
Lithuanian Competition Authority (Vilnius)
On 27 March 2009 the Lithuanian Supreme Administrative Court (LSAC or the Court) annulled the NCA’s unfair pricing decision in Vilniaus Energija and sent the case back to the Competition Council for reinvestigation. In doing this, LSAC overruled the earlier judgment of the Vilnius District (...)

The French Administrative Supreme Court partly annuls the natural gas regulated retail price as the ministerial order does not allow the incumbent to cover its average total costs (Poweo)
University of Aix-Marseille
1 The regulatory background Directive 98/30/EC followed by Directive 2003/55/EC liberalized the market by broadening progressively the category of eligible clients, authorized to choose their supplier. Pursuant to article 23-1 of Directive 2003/55/EC, “Member States shall ensure that the (...)

The German Ministry of Economy issues a draft ordonnance implementing incentive regulation for the energy network access charges
Hengeler Mueller (Dusseldorf)
On 13 July 2005, the new German Energy Industry Act (Energiewirtschaftsgesetz, EnWG) entered into force, implementing the 2003 EC E-Directive and EC G-Directive in Germany. As the greatest change, the Directives abolished the option of the negotiated third party access and required a (...)

The French Competition Authority issues an opinion on a proposed system to enable intensive industrial electricity users to benefit from special electricity pricing conditions
Autorité de la concurrence (Paris)
Press Release published on the official website of the French Competition Authority. Electricity purchases by intensive industrial users: The Conseil de la concurrence is not opposed to the principle of long-term contracts but considers that the selection of industrial users should be based on (...)

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 (...)

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