Memo: Antitrust: Commission welcomes E.ON proposals for structural remedies to increase competition in German electricity market

The European Commission welcomed structural remedies offered by E.ON to settle ongoing antitrust cases in the electricity sector. E.ON proposes to commit to sell its electricity transmission system network to an operator which would have no interest in the electricity generation and/or supply businesses and to commit to divest 4800MW of generation capacity to competitors. The Commission intends to market test E.ON's proposals, with a view to adopting a decision under Article 9 of Regulation 1/2003. Under this procedure, the commitments would be made legally binding by a decision of the Commission and the Commission would not pursue the antitrust cases.