EDP - Energias de Portugal and Others (Agreements - Prohibition of agreements, decisions and concerted practices - Restriction of competition by object or by effect - Judgment)

(Reference for a preliminary ruling – Article 101 TFEU – Agreements, decisions and concerted practices – Prohibition of agreements, decisions and concerted practices – Agreements between undertakings – Distinction between a vertical and a horizontal agreement – Potential competition – Restriction of competition by object or by effect – Agreement between a supplier of electricity and a retailer of consumer products operating hypermarkets and supermarkets – Non-compete clause – Regulation (EU) No 330/2010 – Agency contract – Liberalisation of the market for the supply of electricity)

REQUEST for a preliminary ruling under Article 267 TFEU from the Tribunal da Relação de Lisboa (Court of Appeal, Lisbon, Portugal), made by decision of 6 April 2021, received at the Court on 26 May 2021, in the proceedings

composed of K. Jürimäe (Rapporteur), President of the Chamber, M. Safjan, N. Piçarra, N. Jääskinen and M. Gavalec, Judges,

having regard to the written procedure and further to the hearing on 9 November 2022,

– EDP – Energias de Portugal SA by C. Botelho Moniz, T. Coelho Magalhães, T. Geraldo, P. Gouveia e Melo, J. Lima Cluny, L. Nascimento Ferreira, advogados,