Electricity

Abuse of dominance, Advantage, As Efficient Competitor, Burden of Proof, Competition proceedings, Consumer welfare, Discrimination, Electricity, European Court of Justice, Italy, National competition authorities (NCAs), National court

(University of Brescia)/ /Leave a comment

Facts and court proceedings Before the start of the liberalization process in 1999 with Legislative Decree 79/1999 (“Decreto Bersani”), the Italian electricity market was run singlehandedly by the Ente Nazionale Energia Elettrica (Enel), born with the nationalization of electricity in 1962. As the former Italian legal monopolist, Enel was integrated into all stages of the…

Abuse of dominance, Bulgaria, Electricity

(Eversheds Sutherland, Bulgaria) and (Tsvetkova, Bebov and Partners)/ /1 Comment

The Bulgarian Commission for Protection of Competition (“BCPC”) imposed a fine amounting to BGN 315 612 the National Electricity Company EAD (“NEK”) for abuse of dominance – infringement of Art. 21, para. 1 of the Bulgarian Competition Protection Act (“BCPA”) (corresponding to Art. 102 TFEU). The BCPC found that NEK unilaterally and unjustifiably modified the…

Abuse of dominance, Electricity, Türkiye

, (ACTECON)/ /1 Comment

In 2018 the Turkish Competition Authority (“TCA”) had issued three landmark decisions regarding the Turkish electricity sector. These decisions concern the largest incumbent companies operating providing electricity distribution and retail sale services in various regions of Turkey, namely; CK[1], Enerjisa[2] and Bereket[3]. In these three decisions, the TCA had imposed total fines amounting to TRY…

Bulgaria, Electricity, Media, Mergers

(Eversheds Sutherland, Bulgaria)/ /Leave a comment

On 19 July 2018 the Bulgarian Commission for Protection of Competition (“BCPC”) refused to approve two separate concentrations – the acquisition of the vertically integrated business of CEZ Group of companies (owned by CEZ a.s., Czech Republic) by Inercom EAD (Bulgaria) and the acquisition of Nova Broadcasting Group AD by PPF TMT (the Netherlands). Both…