Jurisdiction(s):
United Kingdom

EU competition update, 26 September 2024: CJEU upholds Gazprom commitments; AG on Brussels I Recast jurisdiction; JCDecaux and German power aid appeals dismissed; merger clearance and filings

Published on: 26 September 2024

Published by a LexisNexis Competition expert

Legal News

Article summary

Antitrust CoJ upholds Commission’s 2018 Gazprom commitment decision

The Court of Justice has delivered its judgment in Case C-255/22 P, Orlen v Commission, an appeal targeting the General Court’s 2022 ruling in Case T-616/18, which had dismissed a challenge to the Commission’s 2018 decision accepting binding commitments from Gazprom under Article 9 of Regulation 1/2003. Those commitments were designed to tackle competition concerns that Gazprom had abused its dominant position in Central and Eastern European gas markets. The Court of Justice rejected the appeal, thereby confirming the Commission’s 2018 commitment decision.

Background

Between 2011 and 2015, the Commission undertook several steps to scrutinise how gas markets functioned in central and eastern Europe. In September 2012, it opened a probe into Gazprom concerning gas supply in eight Member States. In April 2015, the Commission issued a statement of objections to Gazprom, alleging that a range of practices in Central and Eastern European gas markets amounted to an abuse of dominance. The objections concerned territorial restrictions in Gazprom’s supply contracts with wholesalers and customers, which allegedly enabled it to pursue an unfair pricing policy...

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