On 19 March 2018 the European Commission (DG Competition) has initiated formal proceedings against TenneT TSO GmbH, the largest German electricity transmission system operator. The cartel authority investigates the practice of TenneT to determine transmission capacities on the German-Danish border. The investigation thereby focuses on the principle question whether the calculation of available capacities under the regulatory framework may infringe European competition law. TenneT and the European Commission are currently in discussions to find solutions and to resolve preliminary competitive concerns.
Hengeler Mueller represents TenneT in the European Commission’s proceedings and insofar advises TenneT in all relevant antitrust and regulatory aspects. The Hengeler Mueller team is led by counsel Jörg Meinzenbach (Energy/Antitrust) and includes partners Thorsten Mäger (Antitrust) and Dirk Uwer (Energy) as well as counsel Daniel J. Zimmer (Energy/Antitrust) (all Düsseldorf).