Memo: Antitrust: Commission market tests commitments proposed by RWE concerning German gas market

The European Commission invited comments from interested parties on the commitments offered by RWE to meet concerns that it may have infringed EC Treaty rules on the abuse of a dominant market position (Article 82). The Commission's concerns related to the German gas markets, in particular a potentially abusive behaviour on the gas transmission market. A summary of the commitments proposed by RWE was published in the EU Official Journal (2008/C 310/23) and the full non-confidential version of the commitments is available on the Commission's website. Interested parties can submit comments within one month from the date of publication. If the result of the market test is positive, the Commission will adopt a decision under Article 9 of Regulation 1/2003, making the commitments legally binding on RWE.