The European Commission has 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 - see MEMO/07/186). The Commission's concerns relate to the German gas markets, in particular a potentially abusive behaviour on the gas transmission market. A summary of the commitments proposed by RWE has been 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.

The Commission is investigating RWE's alleged behaviour on the German gas transmission market. According to the Commission's preliminary assessment, RWE is dominant on the gas transmission market within its network area. The Commission's preliminary assessment expressed concerns that RWE may have abused its dominant position, notably by way of a refusal to supply gas transmission services to third parties and by trying to lower the profit margins of its downstream competitors in gas supply.

Following detailed discussions, RWE has proposed commitments to address the Commission's concerns. RWE notably would commit to divest its German high-pressure gas transmission network, with a total length of approximately 4 000 km, including assets, personnel and ancillary services necessary for a viable gas transport business. RWE would commit to sell this network to a purchaser who was independent from RWE and who did not give rise to prima facie competition concerns.

The Commission invites interested parties to present their comments on the commitments offered by RWE within one month of the publication in the EU Official Journal.

If submissions from interested parties were to indicate that they considered the commitments to be a satisfactory solution to increase competition on German gas markets, the Commission would adopt a so-called commitments decision under Article 9 of Regulation 1/2003.

Such a decision would make the commitments legally binding on RWE and find that there were no longer grounds for action by the Commission, without concluding whether or not there had been or still was an infringement of the antitrust rules. However, if commitments given in the context of such a decision are not complied with, the Commission may impose on the company concerned a fine of up to 10% of total worldwide turnover without having to reach a final decision as to whether the antitrust rules have been infringed.