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ARTICLE · 17 JUNE 2015

Belgian Competition Authority Closes Investigation Into Electrabel's Pricing Policy

Van Bael & Bellis
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Under the European greenhouse gas emission trading scheme, industrial firms are required to cover their emissions of greenhouse gasses with an amount of emission allowances corresponding to their actual emissions.

BelgiumAntitrust/Competition Law
Peter L'Ecluse
Peter L'Ecluse
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On 11 May 2015, the College of Competition Prosecutors (Auditoraat / Auditorat) of the Belgian Competition Authority (Belgische Mededingingsautoriteit / Autorité belge de la concurrence) ("BCA") decided to close its investigation into Electrabel's alleged abuse of dominant position in the context of the greenhouse gas emission trading scheme.

Under the European greenhouse gas emission trading scheme, industrial firms are required to cover their emissions of greenhouse gasses with an amount of emission allowances corresponding to their actual emissions. In Belgium, this scheme is implemented by the Regions which each year allocate these allowances among undertakings on the basis of past emissions. Electrabel made so-called "windfall profits" by incorporating the cost of greenhouse gas emission allowances in its prices although it had received these allowances for free. Lampiris S.A., a Belgian company which buys electricity from Electrabel on the wholesale

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