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In the preliminary assessment, the Commission demonstrated that GDF Suez held a dominant…
The Commission considered that GDF Suez might have abused its dominant position by…
To address these concerns, GDF Suez proposed to release approximately 10% of the…
Similar to GDF Suez, E.ON held a dominant position in the gas transport market as…
The Commission concluded that E.ON’s long-term reservations amounted to a refusal…
In both decisions, the commitments were accepted by the Commission in order to achieve…
Similarly, it seems that the Commission attempts to strengthen the third party access…
Other than the GDF Suez and E.ON decisions, several antitrust investigations show that the Commission has a different approach to preferential network reservations if certain efficiencies are gained from these reservations. Apparently, in some circumstances, the preferential allocation of cross-border transmission capacity can be objectively justified. For instance, a possible objective justification for such unequal treatment might be an investment in transmission capacity. The essential element here is that the competitive disadvantage to competitors of long-term preferential access is counterbalanced by the investment in transmission
