Review article
THE CASE AGAINST THE SWEDISH TRANSMISSION SYSTEM OPERATOR (TSO) SVENSKA KRAFTNAT FOR ABUSE OF A DOMINAT POSITION (Case 39351) 2009-2010
Natalija Perić
; Law Firm Mamić Perić Reberski Rimac LLC, Zagreb, Croatia
Abstract
The case initiated against Swedish transmission system operator Svenska Kraftnät by the Danish company Dansk Energy before European Commission is demonstrating the position according to which a fact that the undertaking has a great market power and a dominant position does not automatically by itself represent a violation of competition rules: However, according to a regulator and the court practice such an undertaking should have a special responsibility. The European Commission opened proceedings against SvK primarily due to suspected abuse of a dominant position of the company SvK, given its monopoly as the exclusive operator of the Swedish electricity transmission network, by limiting the transmission capacity between Swedish interconnectors and interconnectors of neighboring countries and thus preventing proper functioning of the internal electricity market. It is to be considered that the ability to prevent the maintenance or development of competition is refl cted when an undertaking with a dominant position has the ability to significantly close the access to the market to other undertakings, or the ability to determine the conditions under which it will develop market competition with competitors in horizontal market position. This case is providing with examples of typical forms of closing of the related markets by performance of the related business, rejection of business operations and deny of access to “necessary means” .
Keywords
Hrčak ID:
174368
URI
Publication date:
1.12.2016.
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