40In that context, non-discriminatory, transparent and fairly priced access to the distribution and the transmission systems is necessary for competition to function and is of paramount importance (see, by analogy, judgments of 22 May 2008, citiworks, C‑439/06, EU:C:2008:298, paragraph 40, and of 9 October 2008, Sabatauskas and Others, C‑239/07, EU:C:2008:551, paragraph 31).
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