Final Report of the Hearing Officer (1)

DK/DE Interconnector

(AT.40461)

(2019/C 58/08)

(1) This proceeding concerns certain conduct by TenneT TSO GmbH (‘TenneT’) in relation to the electricity interconnector between Germany and West Denmark.

(2) On 19 March 2018 the Commission initiated proceedings within the meaning of Article 11(6) of Regulation (EC) No 1/2003 (2) and Article 2(1) of Regulation (EC) No 773/2004 (3) with a view to adopting a decision pursuant to Chapter III of Regulation (EC) No 1/2003 against TenneT.

(3) On 19 March 2018 the Commission adopted pursuant to Article 9(1) of Regulation (EC) No 1/2003 a Preliminary Assessment, expressing concerns that TenneT may have abused its dominant position on the market for the transmission of electricity on TenneT’s network in breach of Article 102 TFEU by discriminating between network users based on their place of residence.

(4) While not being in agreement with the Commission’s preliminary conclusions, on 19 March 2018, TenneT offered commitments to meet the concerns expressed by the Commission in its Preliminary Assessment.

(5) On 27 March 2018, the Commission published a notice in accordance with Article 27(4) of Regulation (EC) No 1/2003, summarising the case and the commitments, and inviting interested third parties to give their observations (4). The Commission received observations from 23 interested third parties. In response to these comments, on 12 November 2018 TenneT submitted revised commitments (the ‘Final Commitments’).

(6) In the decision, the Commission considers that the Final Commitments effectively remove the competition concerns as expressed in the Preliminary Assessment and it makes these Final Commitments binding upon TenneT. In light hereof, the Commission concludes that there are no longer grounds for action on its part, and thus the proceedings in this case should be brought to an end.

(7) I have not received any request or complaint from TenneT in relation to this procedure (5).

(8) In light of all the above, I consider that the effective exercise of the procedural rights has been respected in this case.

Brussels, 29 November 2018. Joos STRAGIER

(1) Pursuant to Articles 16 and 17 of Decision 2011/695/EU of the President of the European Commission of 13 October 2011 on the function and terms of reference of the hearing officer in certain competition proceedings (OJ L 275, 20.10.2011, p. 29) (‘Decision 2011/695/EU’).

(2) Council Regulation (EC) No 1/2003 of 16 December 2002 on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty (OJ L 1, 4.1.2003, p. 1) (‘Regulation (EC) No 1/2003’).

(3) Commission Regulation (EC) No 773/2004 of 7 April 2004 relating to the conduct of proceedings by the Commission pursuant to Articles 81 and 82 of the EC Treaty (OJ L 123, 27.4.2004, p. 18).

(4) Communication from the Commission published pursuant to Article 27(4) of Council Regulation (EC) No 1/2003 in Case AT.40461- DE-DK Interconnector (OJ C 118, 4.4.2018, p. 20).

(5) According to Article 15(1) of Decision 2011/695/EU, parties to the proceedings offering commitments pursuant to Article 9 of Regulation (EC) No 1/2003 may call upon the hearing officer at any stage of the procedure in order to ensure the effective exercise of their procedural rights.