Final Report of the Hearing Officer — Case COMP/39.351 — Swedish Interconnectors
Date: 2010-06-01
Institutions: European Commission
Subjects: Sweden, dominant position, economic concentration, electrical energy, energy transport, merger control








C_2010142EN.01002701.xml










1.6.2010   


EN


Official Journal of the European Union


C 142/27





Final Report of the Hearing Officer (1)

Case COMP/39.351 — Swedish Interconnectors
2010/C 142/07
The draft decision presented to the Commission relates to the alleged breach of Article 102 TFEU by Svenska Kraftnät (hereafter referred to as ‘SvK’), the Swedish Transmission System Operator.
It expresses the concerns that SvK may have abused its dominant position on the Swedish electricity transmission market by curtailing capacity on Swedish interconnectors when it anticipated internal congestion within the Swedish transmission system. By treating requests for transmission for the purpose of consumption within Sweden differently from requests for transmission for the purpose of export, SvK may have artificially segmented the market and prevented industrial and other users located outside Sweden from reaping the benefits of the internal market.
The investigation was triggered in July 2006 by the complaint of Dansk Energi, an organisation of Danish energy companies. The Commission opened proceedings on 1 April 2009 and adopted a preliminary assessment under Article 9(1) of Regulation (EC) No 1/2003 (2) on 25 June 2009. In response to the preliminary assessment, SvK submitted commitments on 4 September 2009.
SvK primarily committed to subdivide the Swedish transmission system into two or more bidding zones by 1 July 2011 at the latest. From the date the bidding zones are operative, SvK will manage congestion in the Swedish transmission system without limiting trading capacity on interconnectors. This principle will be applied with the exception of West-Coast-Corridor where SvK commits to build and operate a new 400 kV transmission line. During the interim period (between the notification of the commitment decision and the date when the bidding zones become operative) SvK commits to manage any congestion by taking into account regulating resources suitable for counter-trade. The commitments will be binding on SvK for a period of 10 years from the effective date of the decision.
On 6 October 2009, the Commission published a notice pursuant to Article 27(4), summarising the concerns and the commitments whilst inviting interested third parties to submit observations on this notification within one month of its publication. A total of 57 responses were received from interested parties. The Commission informed SvK of the result of the market test. SvK reacted by submitting an amended proposal of commitments.
The Commission has now come to the conclusion that, in view of the latter commitments, and without prejudice to Article 9(2), the proceedings should be brought to an end.
SvK has declared to the Commission that it has received sufficient access to the information it considered necessary to propose commitments in order to meet the concerns expressed by the Commission. No additional queries or submissions have been made to the Hearing Officer in connection with the present case by SvK or any third parties.
In the light of the above, I consider that the right to be heard has been respected in this case.

Brussels, 25 March 2010.

Michael ALBERS




(1)  Pursuant to Articles 15 and 16 of Commission Decision (2001/462/EC, ECSC) of 23 May 2001 on the terms of reference of Hearing Officers in certain competition proceedings (OJ L 162, 19.6.2001, p. 21).

(2)  In the following, all Articles referred to relate to Regulation (EC) No 1/2003.