CASE COMMENTS: PUBLIC SECTOR - EXCLUSIVE RIGHT – ABUSE OF DOMINANT POSITION – ANTICOMPETITIVE EFFECT:

Exclusive rights : The Court of Justice of the European Union considers that granting an exclusive right as a potential infringement of art. 106-1 TFEU combined with art. 102 (DEI)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. A Greek public company, DEI, was granted an exclusive licence to explore and exploit lignite in Greece. By decision of 5 March 2008, the Commission considered that the granting and maintenance of that exclusive right was contrary to Article 106(1) TFEU read in conjunction with Article 102 TFEU (hereinafter 'the combined provisions of the TFEU'), since they created a situation of unequal opportunities between economic operators as regards access to primary fuels (lignite) for the production of electricity and allowed DEI to maintain or strengthen its dominant position in Greece on the wholesale market for electricity (i.e. the production and supply of

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Grégory Marson, Exclusive rights : The Court of Justice of the European Union considers that granting an exclusive right as a potential infringement of art. 106-1 TFEU combined with art. 102 (DEI), 17 July 2014, Concurrences N° 4-2014, Art. N° 70062, pp. 237-239

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