CASE COMMENTS: UNILATERAL PRACTICES – FRANCE – EXCLUSIONARY PRACTICES – CROSS SUBSIDIES – ESSENTIAL FACILITIES – DENIGRATION

Incumbent operator: The French Competition Authority imposes a € 100 million fine against the French gas incumbent in the framework of a settlement decision related to exclusionary practices based on leveraged strategy using tangible and intangible assets from its activities under exclusive rights and on denigration practices (ENGIE)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. The Competition Authority issued a long-awaited decision on 21 March in a case of abuse of a dominant position on the gas, electricity and energy services markets by the incumbent gas operator. It used the new settlement procedure. This replaced the non-contestation of the objections, following the Macron Law of August 2015. In this context, the Authority imposed a financial penalty of 100 million euros. It also, in a particularly interesting way, referred the matter to the Paris Court of Appeal with regard to the rules to be applied in terms of cost sharing between the incumbent operator and new entrants for the latter's access to its customer files. The

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  • Côte d’Azur University, GREDEG (Nice)

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Frédéric Marty, Incumbent operator: The French Competition Authority imposes a € 100 million fine against the French gas incumbent in the framework of a settlement decision related to exclusionary practices based on leveraged strategy using tangible and intangible assets from its activities under exclusive rights and on denigration practices (ENGIE), 21 March 2017, Concurrences N° 2-2017, Art. N° 83876, pp. 97-100

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