The French Competition Authority has investigated a complaint lodged by Solaire Direct with respect to the practices implemented by EDF and delivered a decision on December 17, 2013 whereby it has fined EDF €13.5 million for abusing its dominant position by implementing anti-competitive practices on the emerging market of photovoltaic services offers to individuals.
These offers relate to the installation of photovoltaic panels on the roof of an individual accommodation with a view to reselling the energy produced to EDF which is bound by a legal purchase obligation of the power generated by photovoltaic solar energy.
It should be recalled that the decision on the merits was preceded on April 8, 2009 by an interim measures order. Pursuant to the decision delivered on December 17, 2013, the French Competition Authority has established that EDF has favored its subsidiary EDF ENR by making means at the latter’s disposal non-reproducible by competing operators:
– the Bleu Ciel d’EDF trademark as well as means for prospecting, promoting and marketing the photovoltaic offers through the Conseil Energie Solaire,
– the brand image and reputation of EDF,
– the EDF ENR logo and trademark, similar to those used by the incumbent operator,
– and, finally, the client database of the incumbent operator comprising more than 20 million contact details.
According to the French Competition Authority, EDF has accordingly created confusion in the mind of consumers between its public service activity as electricity supplier and the activity of its photovoltaic subsidiary.