CASE COMMENTS: UNILATERAL PRACTICES - SPECIAL OR EXCLUSIVE RIGHT – STATE ACTION – AUTOMATIC ABUSE

Automatic abuse : The Court of Justice of the European Union considers that it is not necessary to show that the business in a dominant position has committed or could commit a defined abuse ; it is sufficient to state that the State action distorts equality among competitors (DEI)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Formerly a state monopoly, DEI remains a major electricity operator in Greece. It is just over 51% state-owned and has access to the country's lignite deposits, which puts it at an advantage over its competitors. Lignite is indeed a fuel that can be used to produce electricity profitably. More specifically, DEI held at the material time 91 % of the rights to the lignite deposits open for exploitation. On both the wholesale market for lignite (upstream market) and the wholesale market for electricity (downstream market), DEI held a leading position with market shares of 97 % and 85 % respectively (pt 10). By a decree of 2003, the Greek

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  • Catholic University of Louvain

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Anne-Lise Sibony, Automatic abuse : The Court of Justice of the European Union considers that it is not necessary to show that the business in a dominant position has committed or could commit a defined abuse ; it is sufficient to state that the State action distorts equality among competitors (DEI), 17 July 2014, Concurrences N° 4-2014, Art. N° 69873, pp. 132-133

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