Antitrust Cases and the Commitment Decision in the Energy Sector

The present article deals with a specific rule set out in Council Regulation (EC) 1/2003, frequently used by both the European Commission (EC) and undertakings in handling antitrust cases, especially in the gas market after the 2007 sector inquiry. More precisely, it refers to Article 9 – Commitments in antitrust cases. It discusses the current state of affairs, examines the reasons that lead to the introduction of the commitment decision, as well as its main advantages and disadvantages. The GDF and E.ON case studies it introduces illustrate a particular type of breach (long-term transportation infrastructure capacity booking) whereby market entrance and competition can be hampered to the advantage of incumbent firms.