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Enefit Power AS Cleared of Competition Law Violations by Estonian Competition Authority

11.09.2024 | 🇪🇪 Estonian competition authority

The Estonian Competition Authority concluded its investigation into Enefit Power AS and found no violations of competition law provisions.


The Estonian Competition Authority closed its supervision proceedings regarding Enefit Power AS after determining that the company did not breach the competition law provisions.

Enefit and Viru Keemia Grupp AS operate adjacent mines in Uus-Kiviõli, with Enefit allowed to mine four million tons of oil shale annually and VKG two million tons. VKG sought to remove a condition limiting their mining until Enefit starts mining on its side, which Enefit refused, leading to allegations of abuse of dominance.

The Competition Authority found that Enefit holds a dominant position in the market due to regulatory constraints, making it impossible for new entrants to access the Estonian oil shale market. Despite this, the Authority concluded that Enefit did not abuse its dominant position as VKG's mining quota was secured.

The Authority closed the proceedings with a condition that Enefit must provide data on its oil shale reserves and needs if it decides to start mining in Uus-Kiviõli, allowing the Authority to assess whether the decision is based on genuine need or an abuse of dominance.

In late 2023, the Competition Authority initiated a supervision procedure against Enefit following a request from VKG to ensure compliance with competition law provisions.

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