Final Report of the Hearing Officer (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’).) Case AT.40335 – Romanian gas interconnectors 2021/C 16/03
Date: 2020-02-19
Institutions: Directorate-General for Competition, European Commission
Subjects: EU competition policy, Romania, control of restrictive practices, dominant position, energy transport, export, gas pipeline, natural gas, restrictive trade practice, sanction (EU)








C_2021016EN.01000301.xml










15.1.2021   


EN


Official Journal of the European Union


C 16/3






Final Report of the Hearing Officer (1)

Case AT.40335 – Romanian gas interconnectors
(2021/C 16/03)

(1)   

The draft decision under Article 9(1) of Council Regulation (EC) No 1/2003 (2) is addressed to Societatea Naţională de Transport Gaze Naturale Transgaz S.A. (‘Transgaz’). It concerns allegations of anti-competitive behaviour under Article 102 TFEU consisting in the hindering by Transgaz of natural gas exports from Romania to other Member States.



(2)   

On 30 May 2017, the Commission initiated proceedings with a view to adopting a decision under Chapter III of Regulation 1/2003.



(3)   

On 10 September 2018, the Commission adopted and notified to Transgaz pursuant to Article 9(1) of Regulation 1/2003 a preliminary assessment which set out competition concerns under Article 102 TFEU (‘Preliminary Assessment’).



(4)   

On 14 September 2018, Transgaz submitted proposed commitments (‘Initial Commitments’) to the Commission in response to the Preliminary Assessment.



(5)   

On 25 September 2018, a notice was published in the Official Journal of the European Union pursuant to Article 27(4) of Regulation 1/2003 (‘Market Test Notice’), summarising the case and the Initial Commitments and inviting interested third parties to give their observations on the Initial Commitments within one month.



(6)   

Eleven respondents provided the Commission with their observations on the Initial Commitments, of which Transgaz was informed on 7 November 2018.



(7)   

On 31 January 2020, Transgaz submitted an amended proposal for commitments (“Final Commitments”).



(8)   

The draft decision makes the Final Commitments binding upon Transgaz until 31 December 2026 and concludes that there are no longer grounds for action in this case.



(9)   

I have not received any request or complaint with respect to this case.



(10)   

In the light of all the above, I consider that the effective exercise of procedural rights has been respected.



Brussels, 19 February 2020.

Wouter WILS




(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 1/2003’).