Bulgarian Energy Holding v. Commission (Case T-136/19): Revamped Energy To Overturn Abuse of Dominance Decisions on Account of Errors of Fact and Assessment

On October 25, 2023, the General Court delivered its judgment in Bulgarian Energy Holding and Others v. Commission.

In a shift in the case law that signals an increased focus on effects in Article 102 cases, the General Court concluded that the Commission failed to establish that the examined conduct constituted a refusal to supply, let alone an abuse of dominance by Bulgarian Energy Holding, Bulgartransgaz, and Bulgargaz (together, “the BEH Group”).  The judgment clarifies the evidentiary standard required to establish causality between purportedly abusive practices and their resulting potential anticompetitive effects.  It also concludes that the Commission infringed the BEH Group’s rights of defense during the administrative procedure.  The judgment signals the General Court’s willingness to scrutinize technical factual assessments that are often heavily contested by companies in competition law investigations.

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