Final report of the Hearing Officer (AT.39727 — CEZ)
Date: 2013-03-25
Institutions: European Commission
Subjects: Czechia, domestic market, dominant position, electrical energy, energy industry, industrial secret, judicial proceedings, market access








C_2013251EN.01000301.xml










31.8.2013   


EN


Official Journal of the European Union


C 251/3





Final report of the Hearing Officer (1)

(AT.39727 — CEZ)
2013/C 251/03






(1)


On 11 July 2011, the Commission decided to open proceedings against ČEZ a.s. (‘CEZ’) for alleged abuse of dominance on the market for generation and wholesale supply of electricity in the Czech Republic.










(2)


A preliminary assessment was adopted by the Commission on 26 June 2012 pursuant to Article 9(1) of Regulation (EC) No 1/2003 (2) and notified to CEZ on 28 June 2012. The preliminary assessment concluded that as the dominant undertaking on the market for generation and wholesale supply of electricity in the Czech Republic, CEZ may have pursued a strategy of preventing new entry into such market by making pre-emptive reservation in the electricity transmission network. This conduct raised concerns as to its compatibility with Article 102 TFEU and Article 54 of the EEA Agreement.










(3)


On 3 July 2012, CEZ submitted a first commitment proposal to address the concerns raised by the Commission in its preliminary assessment. On 10 July 2012, the Commission published a notice in the Official Journal of the European Union in accordance with Article 27(4) of Regulation (EC) No 1/2003, summarising the case, the commitments and inviting third parties to submit comments on CEZ's proposal (3). In response to the notice, the Commission received seven observations from interested third parties. CEZ submitted a revised commitment proposal on 9 October 2012.










(4)


By letter of 30 October 2012, the Commission informed the complainant in this case that it does not intend to conduct a further investigation into the allegation that CEZ infringes EU competition law and granted it four weeks to submit written comments. On 31 October 2012, the complainant requested access to certain documents on which the Commission has based its provisional assessment, and on 26 November 2012 it submitted written comments.










(5)


In view of additional information received by the Commission, including the complainant's written comments, raising doubts as to the suitability of one of the assets to be divested to solve the competition concerns, CEZ submitted an amended commitments proposal on 6 March 2013.










(6)


In its decision pursuant to Article 9(1) of Regulation (EC) No 1/2003, the Commission makes the commitments offered by CEZ binding upon it and concludes that in light of the commitments offered, there are no longer grounds for action on its part.










(7)


I have not received so far any request or complaint from any party to the proceedings in the present case (4). In view thereof, I consider that the effective exercise of the procedural rights of all parties in this case has been respected.





Brussels, 25 March 2013.

Michael ALBERS




(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).

(3)  Communication from the Commission published pursuant to Article 27(4) of Council Regulation (EC) No 1/2003 in Case 39727 — CEZ (OJ C 202, 10.7.2012, p. 1).

(4)  In accordance with 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.