The Commission's Bulgarian Gas Decision Explodes

In October 2023, the General Court of the European Union (GC) entirely annulled the European Commission's (Commission) 2018 decision to fine Bulgarian Energy Holding Group (Bulgarian Energy) €77 million for abusing its dominant position. The GC held that (i) Bulgarian Energy had not abused its dominant position in the gas supply market in Bulgaria, and (ii) their rights of defence had been infringed. This is a rare example of an appeal against a Commission decision under Article 102 TFEU (Abuse of a Dominant Position) that is successful in its entirety.

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Bulgarian Energy is a vertically integrated, state-owned energy company, licensed to act as the exclusive public supplier of gas in Bulgaria through Bulgargaz. It also operates Bulgaria's gas infrastructure through Bulgartransgaz.