The Commission has welcomed remedies offered by the German energy company E.ON in response to concerns expressed by the Commission that certain E.ON practices may constitute a breach of EC rules on abuse of a dominant market position (Article 102 TFEU).

E.ON proposes to commit to a significant, structural reduction of its long-term gas capacity reservations which prevent access of competitors to infrastructure needed to supply gas to customers within EON's network.

The Commission intends to market test E.ON's proposals, with a view to adopting a decision under Article 9 of Regulation 1/2003. Under such a procedure, the commitments would be made legally binding by a decision of the Commission and the Commission would not pursue the antitrust investigation further.

MEMO/09/567 – 17 December 2009