Judgment of the General Court of 20 December 2023 – Mainova v Commission
(Case T-64/21) 1
(Competition – Concentrations – German electricity and gas markets – Decision declaring a concentration compatible with the internal market – Concept of ‘single concentration’ – Definition of the market – Assessment of the effects of the transaction on competition – Manifest errors of assessment – Duty of diligence – Misuse of powers)
Language of the case: German
Parties
Applicant: Mainova AG (Frankfurt am Main, Germany) (represented by: C. Schalast, H. Löschan and Y. Salamati, lawyers)
Defendant: European Commission (represented by: G. Meessen and C. Zois, acting as Agents, and F. Haus, L. Rundel and F. Schmidt, lawyers)
Interveners in support of the defendant: E.ON SE (Essen, Germany) (represented by: C. Grave, C. Barth and D.-J. dos Santos Goncalves, lawyers), RWE AG (Essen) (represented by: U. Scholz, J. Ziebarth and J. Siegmund, lawyers)
Re:
By its action under Article 263 TFEU, the applicant seeks the annulment of Commission Decision C(2019) 6530 final of 17 September 2019 declaring a concentration to be compatible with the internal market and the EEA Agreement (Case M.8870 – E.ON/Innogy).
Operative part of the judgment
The Court:
Dismisses the action;
Orders Mainova AG to bear its own costs and to pay those incurred by the European Commission, E.ON SE and RWE AG.
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1 OJ C 138, 19.4.2021.