The European Commission (EC) has opened an antitrust proceeding against the OPCOM and Transelectrica to investigate whether the sole energy trading operator on the Romanian market takes advantage from its dominant position, a release issued Tuesday by EC in Brussels and quoted by Agerpres states
The EC is concerned that OPCOM could discriminate companies on account of nationality or their operating premises, in violation of Art. 102 of Treaty on the Functioning of the European Union (TFEU). The start of the investigation does not mean that there could be a judgment ruled before the term released on the investigation’s outcome, but only that the EC would conduct a thorough investigation, the mentioned press release states.
The Commission is investigation upon the OPCOM’s claim that all the participants in the spot market, or the day-ahead market for energy transaction have a VAT registration number in Romania, and, consequently, be based in Romania.
The business practice could thus increase the cost of foreign traders participating in the energy trading market and could discourage them from entering the market for the sale of electricity in Romania, thereby reducing the market liquidity and efficiency thereof.
Article 102 of TFEU bans the abuse of a dominant position that could affect the trading market between Member States. The implementation of this provision is defined in the Regulation Antitrust, which can be applied by the Commission and by the national competition authorities of the EU countries.
Article 11 (6) of the Antitrust Regulation provides that the initiation of such procedure by the EC exempts the EC Member State authorities from the obligation to apply EU competition rules to the practices concerned. Article 16 (1) of the same Regulation provides that national courts must avoid giving verdicts that could conflict with a decision that the EC takes into account that in the procedure it initiated ..
The EU executive has informed OPCOM SA, the parent company, CNTEE Transelectrica SA and Romanian competition authority that it had initiated a procedure in this case.
There is no legal deadline to complete an investigation over anti-competitive behavior. The duration of and antitrust investigation depends on a number of factors, including the complexity of the case, how the entities concerned cooperate with the Commission and the exercise of the right of defense, the release adds.