Division (78)

(i) Market participants have underlined that the elimination of GDP’s right of first refusal to supply TER does not eliminate EDP’s incentives to source gas supply from GDP; (ii) the mere suspension of some voting rights for a limited period of time does not prevent EDP’s influence on Turbogás’ gas supply policy; (iii) the lease accounts only for one third of TER and the lessee will have to buy most of its gas from GDP. The Commission therefore considers that these commitments fall short from addressing the strengthening of GDP’s dominant position in the market for gas supply to power producers.