The CNMC has inspected the headquarters of several companies in the industry after receiving several complaints of anti-competitive practices
The National Market and Competition Commission (CNMC) has opened an investigation into several “operators active in the Spanish energy sector” for possible anti-competitive practices. Specifically, between November 28 and December 2 this year, the CNMC conducted inspections at the headquarters of several energy companies in the context of confidential information opened after the filing of several complaints.
However, Competition does not make clear in its information note which specific practices are involved, nor which companies are involved in this investigation. For several months now, the agency has been analyzing the behavior of certain sectors, such as electricity, when it came to offering tariffs and accelerating the transition from the free gas market to the regulated market; and also with regard to the price of fuels, benefiting from the discount launched by the Executive in March.
Competition warns that if the existence of anti-competitive practices in this market is confirmed, it could constitute a violation of Articles 1 and 2 of the Defense of Competition Act and 101 and 102 of the Treaty on the Functioning of the European Union , as the organism indicates. In any case, the inspections are a preliminary step in the process of investigating the alleged anti-competitive practices and do not prejudge the outcome of the investigation or the entities’ guilt.
If, as a result of the inspection, evidence is found of practices prohibited by the Law on the Protection of Competition and by the Treaty on the Functioning of the European Union, formal disciplinary proceedings will be initiated.
The CNMC recalled that anti-competitive practices and abuse of a dominant position constitute a very serious infringement of competition law, which can lead to fines of up to 10% of the total turnover of the offending companies in the year immediately preceding the imposition of the fine.
Source: La Verdad
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