The Chairman of the Office for the Protection of Competition Terminated the Proceedings with the undertaking NET4GAS Because of the Favourability of the Subsequent Legislation
In January 2021, NET4GAS was fined via first-instance decision CZK 10 million for abuse of its dominant position in the market of natural gas transportation services in the Czech Republic. Specifically, the case concerned unfavourable contractual conditions for the undertaking SPP Storage concerning the connection of the Dolní Bojanovice gas storage facility to the natural gas transmission system in the Czech Republic operated by NET4GAS.
In the second-instance decision, the Chairman of the Office stated that the conduct in question could no longer be considered as an infringement of the Act on the Protection of Competition or Article 102 of the Treaty on the Functioning of the European Union, as the Energy Act had been amended in the meantime. As a result of this amendment, the claims made by the party to the proceedings against SPP Storage now correspond to the obligations imposed on gas storage facility operators by the mandatory provisions of the Energy Act. The imposition of such requirements cannot be considered as conduct incompatible with the competition rules, and, therefore, does not constitute an infringement thereof.
Press Unit of the Office for the Protection of Competition
22/007 – R033/2021
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