Commissie verheugd over structurele maatregelen van Duits energiebedrijf om concurrentie in Duitse gasmarkt te bevorderen (en)
The European Commission welcomes structural remedies offered by the German energy company RWE to settle ongoing antitrust investigations in the gas sector. RWE proposes to commit to sell its gas transmission system network in the west of Germany to an independent operator once all the respective internal company approvals have been obtained. The Commission intends to market test RWE's proposals, with a view to adopting a decision under Article 9 of Regulation 1/2003. Under this procedure, the commitments would be made legally binding by a decision of the Commission and the Commission would not pursue the antitrust investigation.
The Commission has conducted a number of antitrust investigations into energy companies subsequent to the energy sector inquiry. Inter alia, the Commission has opened an investigation against RWE, in particular RWE's transmission system operator, for possible anti-competitive behaviour in the gas sector. The key concern investigated in the case is that RWE may have used the control over its transmission network in the west of Germany to foreclose supply markets and thus to abuse its dominant position in the markets for the transport and supply of gas in that region. .New entrants into gas markets require access to gas transport infrastructure. Insufficient access to networks can limit their ability to acquire customers no matter how competitive their offers. Preventing new entrants from gaining access to infrastructure can therefore hinder the development of competition in energy markets (see MEMO/07/186).
The Commission welcomes these proposed commitments since they would provide a structural solution for the concerns it has identified in the field of RWE's gas transmission activities. RWE's proposal would, if implemented, constitute a structural change in the German gas sector and facilitate competition in the sector to the benefit of domestic and industrial gas customers.
The Commission will continue to conduct antitrust investigations in the energy sector.