Addressing foreclosure in the French electricity market for the long term benefit of industrial customers

​​I. Establishing foreclosure

On 17 March 2010, the Commission adopted a decision²⁾²⁾See MEMO IP/10/290 of 17 March 2010. rendering binding commitments submitted by the incumbent operator EDF on the French market for the supply of electricity to large industrial customers³⁾³⁾The relevant market was defined as the supply of electricity in France to large industrial customers having exercised their eligibility, with annual consumption of 7GWh per year or above.. This decision followed the adoption of a statement of objections by the Commission in December 2008, in which it identified two competition concerns on the market in question. Firstly, the Commission was concerned that EDF may have abused its dominant position within the meaning of Article 102 of the TFEU by concluding supply contracts, which due to the volumes covered, their duration and their nature had the effect of foreclosing the market. According to the Commission, this behaviour could have significantly limited the possibility of other undertakings to conclude contracts for the supply of electricity to large industrial customers in France. Secondly, the Commission concluded that EDF's contracts with large industrial customers included resale restrictions limiting the customers' freedom to manage the electricity volumes they purchased from EDF.