CRITICALLY ANALYZE THE APPLICATION OF ARTICLE 102 TFEU WITH RESPECT TO THE EUROPEAN COMMISSION DECISION CASE AT.39849 – BEH GAS OF 17 (Essay Sample)

CRITICALLY ANALYZE THE APPLICATION OF ARTICLE 102 TFEU WITH RESPECT TO THE EUROPEAN COMMISSION DECISION CASE AT.39849 – BEH GAS OF 17 DECEMBER 2018.
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In determining the case brought against the Bulgarian Energy Holding EAD (BEH) AT.39849, the European Commission (commission) based its ruling on Article 102 of the Treaty on the Functioning of the European Union (TFEU). The TFEU establishes the rules and regulations which member states should adhere to when engaging with other members within the Union. The mandate of the commission is to ensure that member states abide by the set principles to promote the economic and social progress of all individuals living within Europe. The Treaty established guidelines that protect the freedom of movement of goods, services, capital, and people within member states, through the creation of a single European Union Customs. This paper will critically analyze the application of Article 102 TFEU with respect to the European Commission Decision CASE AT.39849 – BEH Gas of 17 December 2018. The paper will document in detail the relevant clauses in Article 102 TFEU that are applicable to the case and its implications. Moreover, the background of the BEH organizational structure and dominance position will be studied. Finally, the European Commission Decision CASE AT.39849 – BEH Gas of 17 December 2018 will be examined closely to establish its applicability to Article 102 TFEU.[TFEU, “Consolidated Version of the Treaty on the Functioning of the European Union” (2016) C 202 Official EN Journal of the European Union.]
Article 102 TFEU (Treaty on Functioning of the European Union)
In the preamble of the TFEU, the European Council (council) resolved to establish the fundamental underpinnings that would govern the relationships of all the population living within the borders of Europe. Article 1, Clause 1 of the Treaty asserts the authority of the Treaty by outlining the areas of jurisdiction as well as those under the mandate of member states. All the member states are bound by the declarations thereof and are required to abide by them without fail. Deviations from the set through violation of any part of the Treaty can lead to judicial proceedings being instituted against the guilty party at the commission. In making a determination, the commission provides all the concerned parties with an equal opportunity to advance their arguments and counter-arguments advanced against them. The commission relies on case-laws, which can be considered as judicial precedent in the common law. The case-laws have judicial authority since previous rulings are taken into consideration for the purposes of comparative analysis. The rulings and judgements of the commission are legally binding since there is no path to seek legal redress on any matter that has been heard and determined by the commission.[Ibid, Preamble.] [TFEU, “Consolidated Version of the Treaty on the Functioning of the European Union” (2016) C 202 Official EN Journal of the European Union, Art. 1 clause 1.]