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Case T-136/19 Bulgarian Energy Holding v Commission: From Pipeline to Plea

Seppe Maes, Helena Verspagen


Keywords: abuse of dominance, Article 102 TFEU, essential facilities, state action defence, refusal to supply

Annotation on the Judgment of the General Court (Fourth Chamber, Extended Composition) in Case T-136/19 Bulgarian Energy Holding v Commission [2023] EU:T:2023:669
On 25 October 2023, the General Court annulled a Commission Decision regarding an alleged abuse of a dominant position by Bulgarian Energy Holding (BEH) and its subsidiaries for obstructing access to the transmission network, the Romanian Pipeline 1 and the UGS Chiren storage facility to potential entrants. The Commission’s Decision was annulled in its entirety by the General Court based mainly on an incorrect finding of abuse of a dominant position and an infringement of the rights of defence.

Seppe Maes is a PhD researcher at the Department of Applied Economics of the Vrije Universiteit Brussel. Helena Verspagen is a student in Business Economics at the Vrije Uinversteit Brussel.


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