Antitrust: Commission has carried out inspections in the French electricity sector

The European Commission can confirm that on 10 March 2009 Commission officials carried out unannounced inspections at the premises of the electricity company EDF in France. The Commission has reason to believe that EDF may have violated EC Treaty antitrust rules that prohibit the abuse of a dominant market position (Article 82). The suspected illegal conduct may include actions to raise prices on the French wholesale electricity market

The Commission officials were accompanied by their counterparts from the French competition authority.

The energy sector competition inquiry conclusions of January 2007 (IP/07/26) have enabled the Commission to gain an in-depth understanding of the functioning, and in some respects, the mal-functioning of the energy sector, which is of key importance for the overall competitiveness of the European economy. The inquiry also allowed the Commission to draw conclusions as to where Commission action based on competition law could be appropriate and effective.

Surprise inspections are a preliminary step in investigations into suspected anti-competitive practices. The fact that the European Commission carries out such inspections does not mean that the companies are guilty of anti-competitive behaviour nor does it prejudge the outcome of the investigation itself. The European Commission respects the rights of defence of companies, in particular their right to be heard in the Commission’s proceedings against them.

There is no strict deadline to complete inquiries into anticompetitive conduct. Their duration depends on a number of factors, including the complexity of each case, the extent to which the undertakings concerned cooperate with the Commission and the exercise of the rights of defence.