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ARTICLE · 24 MAY 2010

Infringement Procedure Launched Against Endesa

On 10 May, the CNC opened infringement proceedings against Endesa for a possible abuse of dominant market position contrary to Article 2 of the SCA for using information obtained as a power distributor to develop business activities in the related market for power installations.

SpainAntitrust/Competition Law
SJ Berwin'S EU & Competition Team
SJ Berwin'S EU & Competition Team

On 10 May, the CNC opened infringement proceedings against Endesa for a possible abuse of dominant market position contrary to Article 2 of the SCA for using information obtained as a power distributor to develop business activities in the related market for power installations.

This case stems from a complaint lodged by the National Employers' Federation of Electrical and Telecommunications Installations.

Endesa has already been sanctioned by the CNC in 2006 for similar conduct in the installation market in Majorca. Additionally, on 3 December 2009, the Investigations Division of the CNC opened infringement proceedings against three vertically integrated energy companies (Spain Hidrocantábrico, EON-Viesgo and Union Fenosa Gas Natural) for similar practices.

An infringement procedure has now been commenced and the CNC has 18 months to investigate and decide upon the case.

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