French antitrust body, the Autorité de la Concurrence, started an investigation about EDF’s pricing practices after receiving a complaint from Plüm Energie. According to Plüm, EDF offered tariffs lower than its costs when bidding for the calls for tender issues by local and regional authorities and the prices charged by EDF, which it considers predatory, constitute an abuse of a dominant position.
Plüm also requested interim measures and requested that the Autorité:
In order to grant interim measures, the denounced practices should be likely to violate competition law and in the event of serious and immediate damage to the general economy, the sector, the interests of consumers of the complainant. However, the information of the case does not show a serious breach. Indeed, it cannot be established that Plüm would lose certain calls for tender because of the prices charged by EDF or that Plüm is currently in a critical situation calling into question its survival in the market. Moreover, there is insufficient evidence to prove that other competitors of EDF are likely to be foreclosed from the market in the short term.
According to the elements of the case, the Autorité rejected the request for urgent interim measures but decided to continue its investigation.
(Autorité de la Concurrence – 18.02.2021)
NAZALI TAX & LEGAL