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EU Commission Supplements Objections Against PPC

EU Commission Supplements Statement of Objections to PPC

Published on November 14, 2026

EU Commission Supplements Statement of Objections to PPC

On Friday, 13 November 2026, the European Commission sent a supplementary statement of objections to the Greek electricity supplier Public Power Corporation S.A. (PPC). The ongoing competition proceedings concern suspicions that PPC sold electricity below cost on the Greek wholesale electricity market and thereby infringed Art. 102 AEUV (Article 102 TFEU, Treaty on the Functioning of the European Union).

The statement does not constitute a final decision on an infringement of competition law. The allegations raised in it have not yet been proven. PPC will have the opportunity to respond to the Commission’s concerns. The presumption of innocence and the prohibition against prejudgment must be observed until the proceedings have been concluded.

Allegation of Below-Cost Sales

Period and Wholesale Electricity Market Concerned

The investigation concerns the period from 2013 to 2019. According to the Commission’s preliminary assessment, PPC allegedly offered electricity below cost, thereby pursuing a strategy aimed at excluding its main competitors at the time.

The interconnected Greek wholesale electricity market is affected. During the period under investigation, this comprised mainland Greece, the Ionian Islands and several Aegean islands.

Art. 102 AEUV prohibits the abuse of a dominant position within the internal market or in a substantial part of it insofar as it may affect trade between Member States. Whether the requirements of this provision are met in this specific case remains the subject of the ongoing investigation.

Additional Explanations of the Assessment Method

In particular, the supplementary statement contains further explanations of the method used by the Commission to assess the extent to which PPC allegedly offered electricity below cost. It thus follows on from the first statement of objections dated 7 February 2024.

In that first statement, the Commission had provisionally concluded that the electricity sales under investigation, allegedly made below cost, could constitute an infringement of Art. 102 AEUV. The explanations now provided further specify the competition law concerns without prejudging the outcome of the investigation.

Course of the Competition Proceedings

Inspection as the Starting Point

The proceedings originated with an inspection at PPC’s business premises in February 2017. The case is listed in the European Commission’s public case register under case number AT.40278.

The proceedings to date can be summarised as follows:

  • In February 2017, the Commission conducted an inspection at PPC.
  • On 7 February 2024, it issued an initial statement of objections.
  • On 13 November 2026, a supplementary statement followed, providing further explanations of the assessment method applied.
  • PPC may respond to the Commission’s preliminary concerns before a final decision is adopted.

Outcome Remains Open

The issuance of a statement of objections does not mean that an infringement has already been established. It is a formal procedural step by which the Commission informs the company concerned of its preliminary assessment and gives it the opportunity to respond.

The further course of the proceedings will also depend on PPC’s response and the Commission’s subsequent assessment. The proceedings may result in a fine or an order requiring changes in conduct. They may also be closed if, following completion of its investigation, the Commission no longer identifies any competition concerns. No final decision has currently been adopted.

Proceedings concerning potential predatory pricing may raise complex questions, particularly for companies with substantial market power, regarding cost determination, pricing and the application of Art. 102 AEUV. The assessment of the specific market environment and the relevant economic circumstances remains decisive in each case. Companies and investors dealing with comparable issues can contact MTR Legal and obtain professional competition law advice.

Sources

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