Plüm alleged that EDF offered tariffs lower than its costs when bidding for the calls for tender issued by local and regional authorities. According to Plüm, prices charged by EDF, which it considers predatory, constitute an abuse of a dominant position. Plüm also requested interim measures.
Based on the information in the case, it is not possible, at this stage, to demonstrate a serious breach. Indeed, it cannot be established that Plüm would lose certain calls for tender as a direct and definite consequence of the prices charged by EDF. Nor does the evidence in the case show that Plüm is currently in a critical situation calling into question its survival in the market. Moreover, there is insufficient evidence to prove that other competitors of EDF are likely to be foreclosed from the market in the short term.
In view of all these details, the Autorité rejected the request for urgent interim measures but decided to continue its investigation into the merits of the case.