The extraction and exploitation of lignite by Dimosia Epicheirisi Ilektrismou S.A. as a quasi-monopoly: the end of an era

Aikaterini Dedouli Lazaraki


This paper focuses on a significant European Union competition law issue: the granting of exclusive rights to public companies by a State measure. Such a situation is regulated by Article 106(1) of the Treaty on the Functioning of the European Union (TFEU) which makes reference to Article 102 TFEU. The above issue is approached through an examination of the case of “Dimosia Epicheirisi Ilektrismou S.A. v. European Commission”. The starting point of this case was a European Commission’s decision in 2008, followed by a decision of the General Gourt of the European Union in 2012, and then by a decision of the Court of Justice of the European Union in 2014, which decided upon the main issue, and then referred it back to the General Court to decide on the remaining pleas; in 2016, the General Court issued its final decision. The paper seeks to clarify the preconditions that should occur in order for the Member State to breach Article 106(1) TFEU in conjunction with Article 102 TFEU.


Exclusive rights, competition law, monopoly

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Bacon K. (1997). State Regulation of the Market and E.C. Competition Rules: Articles 85 and 86 Compared. European Competition Law Review 5, pp. 283-291.

COM (2008). Commission Decision of 5 March 2008 on the granting or maintaining in force by the Hellenic Republic of rights in favour of Public Power Corporation S.A. for extraction of lignite.

Edward D. and Hoskins M. (1995). Article 90: Deregulation and EC Law. Reflections arising from the XVI FIDE Conference. Common Market Law Review, pp. 157-186.

Gardner A. (1995). The Velvet Revolution: Article 90 and the Triumph of the Free Market in Europe’s Regulated Sectors. European Competition Law Review, pp.78-86.

Graham C. (2013). Abuse of Dominant Position in the Context of Exclusive Rights Granted by Authorities. Journal of European Competition Law & Practice, 4(2), pp. 144-145t.

Guidance on the Commission’s Enforcement Priorities in Applying Article 82 of the EC Treaty to Abusive Exclusionary Conduct by Dominant Undertakings, OJ C 45, 2009.

Jones A. and Surfin B. (2016). EU Competition Law. Oxford: Oxford University Press. 2016.

Sierra JLB. (2014). Article 106 – exclusive or special rights and other anti-competitive state measures. In Fall J. and Nickpay A. (eds.). The EU Law of Competition. Oxford: Oxford University Press. 2014., last visited 15/02/2018, last visited 15/02/2018, last visited 15/02/2018, last visited 15/02/2018, last visited 15/02/2018, last visited 15/02/2018

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