This document is an excerpt from the EUR-Lex website
Document 52019XC0214(01)
Summary of Commission Decision of 7 December 2018 relating to a proceeding under Article 102 of the Treaty on the Functioning of the European Union and Article 54 of the EEA Agreement (Case AT.40461 — DK/DE Interconnector) (notified under document C(2018) 8132)
Summary of Commission Decision of 7 December 2018 relating to a proceeding under Article 102 of the Treaty on the Functioning of the European Union and Article 54 of the EEA Agreement (Case AT.40461 — DK/DE Interconnector) (notified under document C(2018) 8132)
Summary of Commission Decision of 7 December 2018 relating to a proceeding under Article 102 of the Treaty on the Functioning of the European Union and Article 54 of the EEA Agreement (Case AT.40461 — DK/DE Interconnector) (notified under document C(2018) 8132)
C/2018/8132
OJ C 58, 14.2.2019, p. 7–7
(BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
- Date of document:
- 07/12/2018; Date of adoption
- Author:
- European Commission, Directorate-General for Competition
- Responsible body:
- COMP
- Form:
- Summary
- Authentic language:
- English
- Treaty:
- Agreement on the European Economic Area , Treaty on the Functioning of the European Union
- Legal basis:
-
- 12016E102
- 21994A0103(01) - A54
- 32003R0001 - A30
- Link
- Link
- Link
- Select all documents mentioning this document
- Instruments cited:
- Link
- EUROVOC descriptor:
- Subject matter:
- Directory code:
-
- 08.10.00.00 Competition policy / Competition principles
- 08.30.00.00 Competition policy / Dominant positions
|
14.2.2019 |
EN |
Official Journal of the European Union |
C 58/7 |
Summary of Commission Decision
of 7 December 2018
relating to a proceeding under Article 102 of the Treaty on the Functioning of the European Union and Article 54 of the EEA Agreement
(Case AT.40461 — DK/DE Interconnector)
(notified under document C(2018) 8132)
(Only the English text is authentic)
(2019/C 58/09)
On 7 December 2018, the Commission adopted a decision relating to a proceeding under Article 102 of the Treaty on the Functioning of the European Union and Article 54 of the EEA Agreement. In accordance with the provisions of Article 30 of Council Regulation (EC) No 1/2003 (1), the Commission herewith publishes the names of the parties and the main content of the decision, including any penalties imposed, having regard to the legitimate interest of undertakings in the protection of their business secrets.
(1)
The case concerns TenneT TSO GmbH (‘TenneT’), a German electricity transmission system operator.
(2)
The concern of the Commission was that TenneT may have abused its dominant position for the transmission of electricity on its network by significantly limiting the commercial capacity on the electricity interconnector between Germany and West Denmark (‘the DE-DK1 interconnector’) which resulted in partitioning of the internal market and discrimination between network users based on their place of residence.
(3)
The Commission considers that the commitments offered following the preliminary assessments and the observations submitted by interested third parties are sufficient to address the identified competition concerns. Firstly, the commitments provide that the maximum capacity of the DE-DK1 interconnector taking into account legitimate reasons of secure network operation shall be offered to the market. Secondly, the commitments provide for a minimum guaranteed hourly capacity which will act as a safeguard and provide market participants with predictability on the capacity available for trading. Finally, the commitments provide for a gradual increase of the minimum guaranteed hourly capacity following the commissioning of the planned expansion of the DE-DK1 interconnector’s capacity.
(4)
The decision finds that, in view of the commitments there are no longer grounds for action by the Commission. The decision shall be binding for nine years.
(5)
The Advisory Committee on Restrictive Practices and Dominant Positions issued a favourable opinion on 28 November 2018.
