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It is alleged that ENI may have restricted the competition on the market by refusing…
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Yayıncı:
On İki Levha Yayıncılık
Yayın tarihi:
Ocak 2020
ISBN:
978-625-7953-12-2
Baskı:
1
On İki Levha Yayıncılık
Yayın tarihi:
Ocak 2020
ISBN:
978-625-7953-12-2
Baskı:
1
Yazarlar:
Hande Bilgi
Aşağıda bir kısmını gördüğünüz bu dokümana sadece Profesyonel + pakete abone olan üyelerimiz erişebilir.
1. ENI Case
This case is an example of an abuse of dominant position in the natural gas market…
Being a state controlled Italian company, actively operating in transportation, supply…
At the transportation level, which is ENI’s strongest point due to the fact that…
As obviously seen above, thanks to three undertakings ENI jointly own and controlled,…
ENI has capacity rights on TENP in the percentage of %67, on TAG and as well as on…
Within this respect, the Commission investigation proceeding against ENI was initiated…
When the Commission evaluated the issue at hand, it divided the relevant product…
The Commission also states that various routes which assist to bring the gas into…
When the Commission evaluated the dominant position of ENI, it had not only taken…
The Commission stated that natural gas pipelines are essential facility and for market…
(1) Indispensability of product or services has to be checked. Pursuant to Bronner…
(2) Purpose and result of refusal to supply has to be evaluated whether there is…
(3) Is there any objective justification for refusal? If the undertaking in dominant…
With regard to second and third conditions mentioned above, the Commission found…
The Commission also mentioned that ENI only considers to invest in existing pipelines…
Considering Article 102 of the TFEU requirements, conduct of ENI was also examined…
As a result of this investigation ENI proposed commitments which mainly consist of…
Commitments of ENI regarding the divesting its shareholdings are as follows:…
(1) “Divestment Business Germany”(178) regarding…
(2) “Divestment Business Switzerland”(179) regarding…
(3) “Divestment Business Austria”(180) related…
These above mentioned divestment business is not only selling the shares in the related…
Besides this commitment, ENI has also committed not to conclude new transport contract…
After obtaining the commitments of ENI, the Commission started the procedure of notification…
Within this regard, the Commission found that commitments of ENI are sufficient and…
Additionally, the Commission put criteria for the purchaser of these divestment business…
(1) Purchaser has to be independent and not be connected to ENI,…
(2) Eliminate the competition concerns, at least not to create a doubt about ant…
(3) Purchaser has to be competent, have financial recourses and intention to develop…
Afterwards of checking whether the purchaser fulfils the requirements mentioned above,…
A. ESSENTIAL FACILITY DOCTRINE
2. Marathon Case
