The National Markets and Competition Commission (CNMC) has imposed a fine of 5 million euros on Repsol for non-compliance with two resolutions.
The same body also indicated this Thursday that it has opened an investigation into Enel Green Power, belonging to Endesa, for alleged conduct contrary to competition in the electricity generation market.
According to the CNMC, it would be an abuse of a dominant position in the market for access and connection to the electric power transmission grid at certain nodes, with effects on the electric power generation market.
On the part of Repsol, the obligations were imposed in two previous sanctioning proceedings of 2009 and 2013, in which the oil company was sanctioned, together with Cepsa and BP, for violating Spanish and European competition regulations, since they indirectly set the price of sale to the public of its fuels to independent entrepreneurs operating under its banner.
In addition to the sanctions imposed, the CNMC urged the oil companies to take the necessary measures so that the transfer or transfer price of fuel is established with objective criteria, so that they do not discourage service stations from making discounts to their customers .
Repsol has stated that it will appeal the sanction through contentious-administrative proceedings before the National Court.
This was announced to Servimedia company sources, who assured that "they have faithfully fulfilled the commitments assumed in their day with the CNMC."
In reference to these commitments, the sources consulted indicate that the CNMC accepted that Repsol would offer the entire network of independently managed service stations the pricing model called Consigna, before December 2018, and regret that it had changed its criterion.
The compliance solution that Repsol has adopted since 2016 was to implement the consignment model, which is based on the direct setting of prices to the affected service stations, under the presumption that they act as pure agents or commission agents.
The final date of completion of the process of converting all its contracts to the aforementioned model was December 31, 2018. However, as of January 1, 2019, a large number of contracts that did not comply with the resolutions continued to exist in the Repsol network 2009 and 2013, according to the CNMC.
For all these reasons, the CNMC considers it proven that Repsol has failed to comply with the aforementioned resolutions, in relation to the contracts subject to compliance that remain between January 1, 2019 and October 22, 2019, date, the latter, on which the The oil company decided unilaterally to migrate all the remaining contracts to an alternative model called "variable price of the third provincial quartile."
The CNMC explains that it has initiated the sanctioning proceedings against Endesa after learning of various access conflicts processed by its Energy Directorate and in view of other information collected due to the existence of possible rational indications of an infraction.
Specifically, Enel could use its status as Single Interlocutor of Node (IUN) and sole processor of joint and coordinated requests for access and connection to the transmission grid in said nodes before Red Eléctrica de España to favor companies of the same business group .
With this, it would have harmed third-party generating companies that share a connection point to the transmission grid, and that did not obtain access to it, as a consequence of said alleged discriminatory conduct.
The opening of this file does not prejudge the final result of the investigation.
A maximum period of 18 months is now open for their investigation and resolution, during which Endesa sources assure that they will collaborate with the CNMC in the investigation and defend that there are no abusive practices of an individual nature, since it is a generalized problem derived from the currently existing regulatory deficiencies, which the energy company hopes will be clarified.
Endesa maintains that the Single Interlocutor of Node acts as an intermediary between the generators and the network operator when there are several access petitioners in the same node, so it does not have any decision-making power, since the responsibility of the entire process lies with the operator of the transport network.
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See links of interest
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AD San Juan - Granada CF